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All Reporters → us-dist-lexis → Volume 2000

Opinions in us-dist-lexis Volume 2000

80 F.Supp.2d 464 (2000) Michael B. SIMON, Plaintiff, v. William F. WARD, Allen Castor, Barbara Descher, Richard Kipp, Gary Lucht, Benjamin Martinez, Nicholas Muller, Sean Ryan, Michael Webster, Conway Bushey, James W. Riggs, and Martin F. Horn, Defendants. No. CIV.A. 99-1554. United States District Court, E.D. Pennsylvania. January 3, 2000. *465 Clayton A. Sweeney, Jr., Philadelphia, PA, for Plai...
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OPINION Defendants, United States of America, John Thompson, Deneise Dungee, Yenson Davis, Sharon Dooley, James Fitzgerald, Tracey Ann McCormick and Frederick Smith, move for summary judgment to dismiss Counts I — III (Bivens claims against the individual defendants), IV (FTCA claim for false arrest against the United States), and XIV-XV (claims for negligence against the Unite...
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DECISION AND ORDER The Plaintiff in this action alleged that she was terminated from her (twelve year) employment with Defendants because she was not Japanese or of Japanese descent. Following a hearing on December 13,1999, the Court determined that Defendant corporation was not an “employer” within the meaning of Title VII of the Civil Rights Act of 1964 (because it had' less than fi...
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OPINION AND ORDER In 1992, United Way of America (“UWA”) terminated William Aramony, its President and Chief Executive Officer of twenty-two years. Following his termi *200 nation, Aramony sued UWA for unpaid pension benefits and salary, as well as legal expenses; UWA asserted a number of counterclaims, including breach of fiduciary duty and breach of employment agreement...
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78 F.Supp.2d 1002 (2000) Shelly R. TAPP, Plaintiff, v. ST. LOUIS UNIVERSITY, Defendant. No. 4:98CV1776SNL. United States District Court, E.D. Missouri, Eastern Division. January 3, 2000. *1003 Nelson L. Mitten, Michael A. Ellenhorn, Riezman & Blitz, P.C., Clayton, Ellen W. Dunne, Lowenbaum Partnership, L.L.C., St. Louis, MO, for Shelley R. Tapp, plaintiff. Teri B. Goldman, Thomas E. Tueth, Pa...
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78 F. Supp. 2d 332 (2000) Cornelius CARTER, Plaintiff, v. Steven GEORGEVICH, Defendant. Civil A. No. 96-1990 (WHW). United States District Court, D. New Jersey. January 5, 2000. Anthony C. Bruneio, Bruneio Law Offices, PC, Allentown, PA, for Plaintiff. *333 Paul A. Sandars, III, Kevin J. O'Connor, Lum, Danzis, Drasco, Positan & Kleinberg, LLC, Roseland, NJ, for Defendant. OPINION WALLS, Dist...
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80 F. Supp. 2d 472 (2000) UNITED STATES of America v. Warren ALLEN. No. CRIM. A. 99-684-2. United States District Court, E.D. Pennsylvania. January 5, 2000. Sarah L. Grieb, Asst. U.S. Atty., U.S. Atty. Office, Philadelphia, PA, for Plaintiff. Eric Vos, Defender Assoc. of Philadelphia, Federal Court Div., Philadelphia, PA, for Defendant. Memorandum ANITA B. BRODY, District Judge. Before me was th...
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79 F. Supp. 2d 919 (2000) CHICAGO SCHOOL REFORM BOARD OF TRUSTEES, an Illinois Municipal Corporation, Plaintiff, v. SUBSTANCE, INC., an Illinois Corporation; George N. Schmidt, individually; Jane or John Does (One through Twenty), individually, and Volumes XXIV, Nos. 5 and 6 of Substance (January-February, 1999), in rem, Defendants. Substance, Inc., an Illinois Corporation; and George N. Schmidt,...
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OPINION and ORDER Limber and Margarita Zapata sue the Immigration and Naturalization Service and its District Director, and move for an injunction compelling defendants to reserve two immigration visas for plaintiffs and to rule promptly on plaintiffs’ applications for adjustment of status. Defendants cross-move to dismiss the complaint pursuant to Fed.R.Civ.P. 12(b)(1) and 12(b)(6), or f...
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OPINION AND ORDER This civil rights action arises out of plaintiff Eric Goldfine’s attempts to develop a residential subdivision on property he owns within the watershed area for New York City. Defendants include the City of New York (the “City”), Penny Kelly, Margaret Lloyd, Edwin Polesi and Gerard Sciabarassi, all Department of Environmental Protection (“DEP”) employees, and Eric Ne...
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MEMORANDUM OPINION Plaintiffs in these cases seek to compel the District Director of the Immigration and Naturalization Service (“INS”) and the INS to act on their allegedly long-pending applications, pursuant to Section 245 of the Immigration and Nationality *241 Act, as amended (the “Act”), 1 for adjustment of status. The Court sua sponte directed the ...
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MEMORANDUM OPINION Before us is an appeal from the bankruptcy court. The tortured history of this nine year litigation centers on two individual debtors and a corporation. Tom and Tooran Shadmand, the individual debtors, are husband and wife and the sole shareholders of Peramco International, Inc. (“Peramco”). The Shadmands and Peram-co, in turn, are the sole shareholders of Shadmand Enterpri...
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OPINION AND ORDER This matter is before the Court on motion of the defendant, Maria Hsia, to dismiss the indictment on the ground that it is tainted. Defendant argues that the government has obtained and used information protected by the attorney-client and joint defense privileges in violation of her rights: Specifically, Ms. Hsia alleges that her former counsel, Brian A. Sun and his...
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80 F. Supp. 2d 600 (2000) PIZZA HUT, INC., v. PAPA JOHN'S INTERNATIONAL, INC., et al. No. Civ.A. 3:98CV01902. United States District Court, N.D. Texas, Dallas Division. January 3, 2000. *601 *602 *603 MEMORANDUM OPINION AND ORDER SANDERSON, United States Magistrate Judge. Pursuant to the consents of the parties and the District Court's order of transfer filed on October 22, 1998, in accordance...
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OPINION INTRODUCTION Bristol-Myers Squibb (“Bristol”), a drug manufacturer, has sued Zenith Goldline and IVAX Corporation for infringement of two patents 1 owned by Bristol that claim methods of using the anti-cancer drug Tax-ol®, a drug based on a natural agent known as paclitaxel. The plaintiff alleges that Zenith Goldline, with the assistance of IVAX, has filed Abbrevia...
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80 F.Supp.2d 918 (2000) Nelida FACCIO-ROBERT, Plaintiff, v. EMPRESS RIVER CASINO, Defendant. No. 99 C 1371. United States District Court, N.D. Illinois, Eastern Division. January 5, 2000. MEMORANDUM OPINION AND ORDER BUCKLO, District Judge. Nelida Faccio-Robert ("Robert") was hired as a security supervisor for Empress River Casino ("Empress") in Joliet, Illinois, in 1992. After four years she be...
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80 F. Supp. 2d 906 (2000) Elizabeth A. SILER, as Personal Representative of the Estate of Donald Siverling, and as Trustee of the Trust Agreement dated December 4, 1996, amended on July, 1997, Plaintiff, v. NORTHERN TRUST COMPANY, INC., Defendant. No. 99 C 4435. United States District Court, N.D. Illinois, Eastern Division. January 3, 2000. Robert A. Shipley, Franklin & Shipley, Ltd., Chicago...
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MEMORANDUM Borg-Warner Protective Services Corporation (“Borg-Warner”) filed the instant action seeking a declaration that the compulsory arbitration agreement it requires its employees to sign does not violate Title VII, and for related injunctive relief. Presently before the court is the motion of the United States Equal Employment Opportunity Commission (“EEOC”) to dismiss for lack of ...
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78 F.Supp.2d 499 (2000) Anthony GRANDISON v. Thomas CORCORAN, Warden J. Joseph Curran, Attorney General of the State of Maryland. No. S 99-937. United States District Court, D. Maryland. January 6, 2000. *500 *501 Mary E. Davis, Davis and Davis, Christopher M. Davis, Davis and Davis, Washington, DC, for Anthony Grandison, petitioners. Anthony Grandison, Baltimore, MD, pro se. Annabelle L. Lisic, ...
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MEMORANDUM OPINION AND ORDER On August 9, 1997, Walter Lang Sr. and his son Walter Lang Jr. were arrested by off-duty Village of Round Lake Park 1 police officer Michael Robinson and by two Village of Fox Lake police officers, Charles Gliniewiez and John Hoyne. Though Lang Sr. later pled guilty to a charge of driving under the influence of alcohol, he and Lang Jr. have sued the officers and...
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80 F.Supp.2d 911 (2000) Camuel CROSS, Plaintiff, v. CHICAGO SCHOOL REFORM BOARD OF TRUSTEES, Defendant. No. 98 C 8416. United States District Court, N.D. Illinois, Eastern Division. January 4, 2000. *912 Lewis W. Powell, III, Law Offices of Lewis W. Powell, III, Chicago, IL, Kimberly Joy Seymore, Law Offices of Kimberly J. Seymore, Chicago, IL, H. Yvonne Coleman, Chicago, IL for plaintiff. Taryn ...
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82 F. Supp. 2d 844 (2000) KENDALL-JACKSON WINERY, LTD., Plaintiff, v. Leonard L. BRANSON, et al., Defendants. Jim Beam Brands Co, a Delaware corporation, d/b/a Peak Wines International, Plaintiff, v. Leonard L. Branson, et al., Defendants. Sutter Home Winery, Inc., Plaintiff, v. Leonard L. Branson, et al., Defendants. Nos. 99 C 3813, 99 C 4312, 99 C 4998. United States District Court, N.D. Illino...
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84 F.Supp.2d 556 (2000) EH YACHT, LLC, Plaintiff, v. EGG HARBOR, LLC; John Didonato, Gigi Didonato, Rudolph Lehnert, Robert Hazard, and Jane and John Does A through Z, jointly and severally and in the alternative, Defendants. No. 99-CV-2608 (JBS). United States District Court, D. New Jersey. January 10, 2000. *557 *558 Don P. Foster, Eugene F. Chay, Mesirov Gelman Jaffe Cramer & Jamieson, LLP...
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79 F. Supp. 2d 630 (2000) Patricia IRBY-GREENE, Plaintiff, v. M.O.R., INC., t/a Auto Maxx, et al., Defendants. No. 99-1501-A. United States District Court, E.D. Virginia, Alexandria Division. January 5, 2000. *631 Christopher Dikran Koomey, Alexandria, VA, for plaintiff. David Reza Mahdavi, Fracassi Mahdavi, L.L.P., Falls Church, VA, for defendant M.O.R., Inc. Michael McGettigan, Richards, McGett...
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80 F. Supp. 2d 1245 (2000) WYOMING TIMBER INDUSTRY ASSOCIATION, a Wyoming non-profit trade association; Frontiers of Freedom-Wyoming, a Wyoming, a Wyoming non-profit organization, Petitioners, v. UNITED STATES FOREST SERVICE; Daniel R. Glickman, in his official capacity as Secretary of the United States Department of Agriculture; Michael P. Dombeck, in his official capacity as Chief Forester of t...
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MEMORANDUM and ORDER By order dated August 6, 1997, the undersigned referred this action to United States Magistrate Judge Leslie G. Foschio pursuant to 28 U.S.C. § 636(b)(1)(B). Upon consideration thereof Judge Foschio filed a Report and Recommendation (“the R & R”) May 18, 1999 recommending dismissal of the pro se Petition by Galvin brought under 28 U.S.C. § 2254 for a writ of habeas co...
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OPINION Plaintiffs sue for breach of the terms of bonds purchased from defendant State Bank of India (“SBI”). SBI moves to dismiss the complaint on the ground of forum non conveniens. For the reasons that follow, the motion is denied. BACKGROUND Plaintiffs Shrikumar Poddar, Mayurika Poddar, Vaishnava Center for Enlightenment, Inc. and India Foundation, Inc. seek damages for breach of cont...
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OPINION Plaintiff Kenneth D. Laub (“Laub”), through his business Kenneth D. Laub & Co., Inc., sues the Board of the State Teachers Retirement System of Ohio and State Teachers Retirement System of Ohio (collectively “STRS”) for breach of contract. Laub alleges that defendants denied him a commission for a real estate transaction in violation of the terms of his agency agreement. Defen...
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MEMORANDUM AND ORDER Presently before the court is the petition of Freddie Warren (“Warren” or “Petitioner”) for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Warren is presently serving a sentence of twenty years to life as a persistent felony offender under New York State law. For the reasons set forth below, the petition is denied. I. Factual Background and the Arrest and Indict...
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MEMORANDUM DECISION AND ORDER By Notice of Motion dated October 26, 1999, defendant Metro-North Commuter *259 Railroad (“Metro-North”) moves pursuant to Rule 12(b)(1) Fed.R.Civ.P. to dismiss claim 5 for lack of subject matter jurisdiction on the ground that the claim is preempted by the Rahway Labor Act (“RLA”), 45 U.S.C. § 151a. See Hawaiian Airlines v. Norris, 51...
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DECISION AND ORDER Bausch & Lomb Incorporated (“B & L”), the plaintiff in this patent infringement action, has filed a motion to preclude defendant Alcon Laboratories, Inc.’s (“Alcon”) patent law expert, Robert L. Harmon, Esq., from testifying at trial. B & L contends that Alcon intends to call Harmon as a witness almost solely for the purpose of having him instruct the jury on Alcon’...
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MEMORANDUM This is an antitrust suit. Before this Court are the defendants’ motions for summary judgment. Because the parties have extensively briefed the issues, the Court will dispense with a hearing. See Local Rule 105.6 (D.Md.1999). For the reasons stated herein, the Court will, by separate Order, grant the defendants’ motions and close the case. *603 I. I...
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*346MEMORANDUM I. BACKGROUND Plaintiffs are the 19th Street Baptist Church, (the “Church”) located at 19th & Titan Streets, Philadelphia, PA, and five individual members of the Church who are also residents of the surrounding community (collectively “plaintiffs”). All of the individual plaintiffs are African-Americans. Defendants are the St. Peters Episcopal Church, the Episcopal Diocese of Phila...
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OPINION AND ORDER Pursuant to Fed. R. Cr. P. 17(c), defendant Jose Hernandez has served twenty-four subpoenas duces tecum on non-parties in this prosecution of eight defendants for Medicare fraud. 1 The Government has moved to quash all of the subpoenas, and Hernandez opposes the Government’s motion. 2 I. BACKGROUND A. The Indictment The Indictment contains a total of twenty-six c...
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OPINION This action is brought by two Kuwaiti companies for nonpayment of promissory notes guaranteed by an Iraqi bank. The threshold issue facing the Court is whether *377 the Foreign Sovereign Immunities Act provides jurisdiction to adjudicate this action in a United States court, or whether the Iraqi bank is immune from suit by virtue of its status as an instrumentality of...
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79 F.Supp.2d 847 (2000) James E. PHILLIPS, Plaintiffs, v. TEAMSTERS LOCAL 639 EMPLOYERS HEALTH & PENSION TRUST, et al., Defendant. No. 5:99-CV-0522. United States District Court, N.D. Ohio, Eastern Division. January 4, 2000. John L. Wolfe, Akron, OH, for James E. Phillips, plaintiffs. Eben O. McNair, Schwarzwald & Rock, George H. Faulkner, Joseph C. Hoffman, Faulkner, Sackett & Muskov...
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MEMORANDUM & ORDER Plaintiffs, Mary Haggerty and her mother (collectively, “the Haggertys”), instituted this action against defendants Wyeth Ayerst Pharmaceuticals (a division of American Home Products Corp.) (hereinafter, “Wyeth”), Merck & Co., Inc. (“Merck”), and Edward Reilly, M.D., in the Supreme Court for the State of New York, Kings County, on September 8, 1999, asserting variou...
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*167 MEMORANDUM OPINION AND ORDER In this consolidated class action alleging various torts and violations of international law, plaintiff class representatives Rudol-fine Schlinger, Ernestine Schwarz Wasyl, Marian Salomon Elkan, Paul Schwarz, Elisabeth Bishop, Roman Neuberger, Nathan Gutman, Johanna Mason, Bezalel Kahn, Miriam Deutsch, Ludewig Schaffer, Gisela Bertysch and Gr...
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OPINION This longstanding and contentious litigation, filed almost 19 years ago, charging that the State of Alabama’s teacher certification test impermissibly discriminated against African-American persons seeking teacher certification, is before the court again, this time on a new and amended consent decree that the parties represent will finally bring this lawsuit to an end within ten to 15 year...
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*74MEMORANDUM AND ORDER Defendants have appealed from the magistrate judge’s order of November 17, 1999, compelling disclosure of approximately 37,-000 documents claimed to be subject to the attorney-client privilege. The sole issue is whether they are available for the purpose of discovery. There is no need to decide now whether these materials will be admissible at trial. These documents have a...
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79 F.Supp.2d 552 (2000) MERCK & CO., INC., Plaintiff, v. MYLAN PHARMACEUTICALS, INC., Defendant. No. CIV. A. 97-CV-4241. United States District Court, E.D. Pennsylvania. January 12, 2000. *553 Mary B. Graham, Matthew B. Lehr, Lisa B. Baeurle, Julia Heaney, Richard H. Cross, Jr., Richard L. Sutton, MaryEllen Noreika, Rodney Carroll, Morris, Nichols, Arsht & Tunnell, Wilmington, DE, David P...
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79 F. Supp. 2d 558 (2000) Peter FANELLE and Susan Fanelle, Plaintiffs, v. LoJACK CORPORATION, Defendant. No. CIV. A. 99-4292. United States District Court, E.D. Pennsylvania. January 12, 2000. *559 *560 Thomas Moribondo, Philadelphia, PA, Plaintiffs. Michael J. Burns, Philadelphia, PA, for Defendant. MEMORANDUM LOWELL A. REED, Jr., Senior District Judge. Defendant LoJack Corporation has filed a ...
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MEMORANDUM OPINION This matter comes before the Court on Defendant’s Motion to Set Aside a Default Judgment under Federal Rule of Civil Procedure 60(b), (1), (3), (4) and (6). FACTUAL BACKGROUND On May 20,1998, Plaintiff filed suit against Defendants in this Court. Service of process was attempted on Defendant James H. Wright (“Mr. Wright or Defendant”) on three (3) separate occasions. On the fir...
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82 F. Supp. 2d 997 (2000) MINNESOTA MINING AND MANUFACTURING CO., Plaintiff, v. BEAUTONE SPECIALTIES, CO., LTD., and Taiwan Hopax Chemicals Mfg. Co. Ltd., Defendants. No. Civ 98-709 DSD/JMM. United States District Court, D. Minnesota. January 3, 2000. *998 Louis T. Pirkey, William G. Barber, Mark A. Thurmon, Arnold, White & Durkee, Austin, TX, Timothy M. Kenny, Arnold, White & Durkee, Min...
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GOVERNMENT’S MOTION TO DISQUALIFY DEFENSE COUNSEL I. INTRODUCTION The government moved to disqualify defense counsel, John J. Thornton, Esq., claiming that he has a direct conflict of interest with his client, the defendant, *194 Dianne Matta-Timmins. After a non-evi-dentiary hearing, the government’s motion is DENIED. II. BACKGROUND ...
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81 F. Supp. 2d 182 (2000) UNITED STATES of America, Plaintiff, v. REAL PROPERTY, BUILDINGS, APPURTENANCES AND IMPROVEMENTS Located at 221 Dana Avenue, Hyde Park, Massachusetts, Defendant, Kathleen Gass, Claimant. No. Civ.A. 98-10205-PBS. United States District Court, D. Massachusetts. January 3, 2000. *183 *184 Shelby Wright, United States Attorney's Office, Boston, MA, for U.S. William F. Spalli...
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79 F. Supp. 2d 587 (2000) Dimitra TANGIRES, Plaintiff, v. THE JOHNS HOPKINS HOSPITAL, Defendant. No. CIV.H-98-4181. United States District Court, D. Maryland. January 10, 2000. *588 *589 Christina Guereola Sarchio and Beveridge & Diamond, Washington, DC, for plaintiff. Elizabeth G. Jacobs and Serotte, Rockman & Wescott, Towson, MD, for defendant. MEMORANDUM OPINION ALEXANDER HARVEY II, S...
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OPINION AND ORDER In this employment discrimination action, plaintiffs Wayne Curtis, Juan Gonzalez, Anthony Dupree, Lenora Young, Lamont Killian, Patrick Thomas and Renee Hatch allege that their employer, Airborne Freight Corporation d/b/a Airborne Express (“Airborne”), subjected them to a racially hostile work environment in violation of Title VII of the Civil Rights Act of 1964, 42 ...
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82 F. Supp. 2d 321 (2000) NEW HOPE BOOKS, INC., and 705 Crescent Corporation, Plaintiffs, v. John J. FARMER, Jr. (as Attorney General of the State of New Jersey), Defendant. No. CIV. 98-3937 JBS. United States District Court, D. New Jersey. January 13, 2000. Joseph A. Diorio, Philadelphia, PA, for plaintiffs. John J. Farmer Jr., Attorney General of New Jersey by Larry Etzweiler, Trenton, NJ, for ...
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OPINION Defendants, Weise Apartments — 44457 Corporation (“Weise Corp.”), Pearl Ventures, Limited (“Pearl Corp.”), and Martin Weise (“Weise”) move pursuant to Rule 60(b)(4), F.R. Civ. P., to vacate the June 30, 1998 default judgment entered against Weise Corp. and Pearl Corp. (“default judgment”) in favor of plaintiff, the Federal Deposit Insurance Corporation (“FDIC”), on the ground that the F...
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MEMORANDUM OPINION This suit challenges the validity of a Food and Drug Administration (“FDA”) regulation governing the approval process for generic drugs. Plaintiff Mylan Pharmaceuticals, Inc. (“Mylan”), a generic drug manufacturer, alleges that pursuant to the regulation, the FDA has unlawfully refused to approve Mylan’s application to market a generic version of a brand-name drug. ...
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ORDER The issue before the Court is whether the use of the Texas Assessment of Academic Skills (TAAS) examination as a requirement for high school graduation unfairly discriminates against Texas minority students or violates their right to due process. The Plaintiffs challenge the use of the TAAS test under the Due Process Clause of the United States Constitution and 34 C.F.R. § 100.3, an...
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*396 OPINION AND ORDER Plaintiff Michael Beckman brings this “hybrid” action, pursuant to section 1208(b) of the Postal Reorganization Act of 1970 (“PRA”), 39 U.S.C. § 1208(b), alleging that (1) his employer, defendant United States Postal Service (the “USPS”), impermissibly transferred him from a duty assignment in violation of an existing collective bargaining agreement (“C...
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80 F.Supp.2d 921 (2000) Ole K. NILSSEN, Plaintiff, v. MOTOROLA, INC., et al., Defendants. No. 96 C 5571. United States District Court, N.D. Illinois, Eastern Division. January 7, 2000. *922 *923 Harry J. Roper of Roper & Quigg, Chicago, IL, for Plaintiff. James M. Amend, P.C., Brian D. Sieve, Michael A. Parks and Marcus E. Sernal of Kirkland & Ellis, Chicago, IL, for Defendants. MEMORAND...
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OPINION In 1998 Parviz Lavi pled guilty to conspiracy and was sentenced to five years in prison by the U.S. District Court for the Eastern District of Virginia. He now petitions this Court pursuant to 28 U.S.C. § 2241 for a writ of habeas corpus setting that sentence aside on the ground that the assistance provided by his counsel at sentencing was constitutionally ineffective. He seeks that r...
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ORDER On July 22, 1999, Magistrate Judge Andrew J. Peck issued a Report and Recommendation. The Petitioner filed an objection on July 29, 1999. Magistrate Judge Peck denied Petitioner’s habeas corpus petition on the merits. The Court has reviewed the Plaintiffs objection, which disputes no specific proposed finding or recommendation. The Court finds Petitioner’s objection to be w...
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78 F. Supp. 2d 1101 (2000) Phong DOAN, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 99-1420 JM. United States District Court, S.D. California. January 6, 2000. Todd Burns, Federal Defenders of San Diego, Inc., San Diego, CA, for petitioner. Samuel W. Bettwy, Special Assistant U.S. Attorney, Office of the United States Attorney, San Diego, CA, for respondent. *1102 REVI...
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OPINION Petitioner Felix Blondin and respondent Merlyne Marthe Dubois are the parents of Marie-Eline, age 8, and Francois, age 4. In the course of their seven-year relationship, Blondin repeatedly beat and threatened to kill Dubois, often in the presence of their children. Blondin also frequently hit Marie-Eline, and threatened to kill her as well. As a result, in August 1997, Du-bois...
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79 F. Supp. 2d 1068 (2000) Richard MARSH, Plaintiff, v. HOG SLAT, INC., Defendant. No. C 98-3082-MWB. United States District Court, N.D. Iowa, Central Division. January 6, 2000. Dennis M. Lawyer of The Lawyer Law Firm in West Des Moines, IA, for plaintiff Richard Marsh. Deborah M. Tharnish and Sharon K. Malheiro of Davis, Brown, Koehn, Shors & Roberts, P.C., in Des Moines, IA, for defendant H...
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79 F.Supp.2d 1322 (2000) UNITED STATES of America, Plaintiff, v. Gregory CHECORA, Warrenell Cuch, Bobby Redcap, and Reuben Cuch, Jr., Defendants. No. 2:97CR235. United States District Court, D. Utah, Central Division. January 5, 2000. *1323 Julie George McPherson, Salt Lake City, Utah, for Defendant-Appellant Gregory Checora. John Bruce Savage, Jr., Park City, Utah, for Defendant-Appellant Warren...
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MEMORANDUM AND ORDER Plaintiff Kareem Ali filed this action pursuant to 42 U.S.C. § 1983 against Putnam County Jail Corrections Officers Sza-bo and Dalo and the Sheriff of the Putnam County Jail alleging use of excessive force, denial of medical treatment, retaliation, and religious discrimination retaliation. Defendants moved for summary judgment on each of plaintiffs claims pursuant...
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OPINION BACKGROUND Mason Tenders District Council Welfare Fund, Pension Fund, and Annuity Fund; Mason Tenders Training Fund; New York State Laborers — Employers Cooperation and Education Trust Fund; New York Laborers’ Health and Safety Trust Fund (collectively “plaintiff Funds”); Building Contractors’ Association Industry Advancement Program; John J. Virga, Director of the plaintiff Funds; and ...
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(AMENDED) ORDER DENYING GENERAL MOTORS’ AMENDED MOTION TO SEVER1 THIS MATTER is before the Court on defendant General Motors Corporation's ["GM"] Amended Motion to Sever. Plaintiffs filed Opposition to such Amended Motion to which GM replied. *394This action is being brought by five police officers who claim they sustained injuries from, accidents involving 1998 Chevy Blazers manufactured by the d...
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79 F.Supp.2d 1325 (2000) Julian L. McPHILLIPS, Plaintiff, v. BLUE CROSS AND BLUE SHIELD, OF ALABAMA, Defendant. No. Civ.A. 99-A-1313-N. United States District Court, M.D. Alabama, Northern Division. January 10, 2000. Julian L. McPhillips, Montgomery, AL, pro se. Joseph C. Guillot, McPhillips, Shinbaum & Gill, Montgomery, AL, for plaintiff. William Inge Hill, Jr., Hill, Hill, Carter, Franco, C...
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MEMORANDUM OPINION Pending before the Court are Defendant’s Motion to Dismiss or Alternatively for Summary Judgment and Plaintiffs Cross Motion for Summary Judgment. Background In 1991, Plaintiff, an active duty physician, enrolled in graduate medical training as an orthopedic surgery resident at William Beaumont Army Medical Center CWBAMC”) and Texas Tech University Health Sciences Cente...
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79 F. Supp. 2d 853 (2000) Laszlo VASS, Plaintiff v. The RIESTER & THESMACHER CO., Defendant. No. 1:97 CV 2892. United States District Court, N.D. Ohio, Eastern Division. January 6, 2000. *854 Oscar Trivers, Steven L. Howland, Hardiman, Buchanan, Howland & Trivers, Cleveland, OH, for Plaintiff. Robert C. McClelland, Lynn G. Murphy, Rademaker, Matty, McClelland & Greve, Cleveland, OH, f...
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MEMORANDUM AND ORDER William Haberek (“petitioner”) petitions this Court for habeas corpus relief pursuant to 28 U.S.C. § 2254. For the following reasons, the petition is denied. I. INTRODUCTION On November 27, 1985, petitioner was convicted of first-degree murder and unlawful possession of a shotgun; petitioner was sentenced to life imprisonment. On December 6, 1985, the petitioner fil...
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*394 MEMORANDUM OPINION The United States of America seeks to recover under the Carriage of Goods by Sea Act (“COGSA”), 46 U.S.C. app. § 1300, et seq., for shortages and seawater damage in two shipments of wheat cargos: (1) from Houston, Texas to Matarani, Peru in September, 1992 and (2) from Destre-han, Louisiana and Galveston, Texas to Georgetown, Guyana in Septe...
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79 F.Supp.2d 641 (2000) Gary Carson CLINE, Plaintiff, v. ALLSTATE INSURANCE CO., Defendant. No. Civ.A. 2:99-1037. United States District Court, S.D. West Virginia, Charleston Division. January 10, 2000. *642 Christopher J. Heavens and Vickie R. Dodd, Heavens Law Offices, Charleston, WV, for plaintiff. Charles M. Love, III and Ronda L. Harvey, Bowles, Rice, McDavid, Graff & Love, Charleston, W...
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79 F.Supp.2d 1096 (2000) Patti S. KINNAMAN, Plaintiff, v. FORD MOTOR COMPANY, Defendant. No. 4:98CV269SNL. United States District Court, E.D. Missouri, Eastern Division. January 10, 2000. *1097 Mary Anne O. Sedey, President, Jon A. Ray, Sedey and Associates, William E. Moench, Associate, William E. Moench Law Offices, St. Louis, MO, for Patti S. Kinnaman, plaintiff. W. Perry Brandt, Nicholas Lee ...
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79 F. Supp. 2d 1007 (2000) PKWARE, INC., Plaintiff, v. Timothy L. MEADE and Ascent Solutions, Inc., Defendants. No. 99-C-0658. United States District Court, E.D. Wisconsin. January 7, 2000. *1008 *1009 *1010 Adam L. Brookman, Milwaukee, WI, for plaintiff. Timothy F. Mentkowski, Milwaukee, WI, Dwight D. Brannon, James P. Fleisher, for Defendants. DECISION AND ORDER ADELMAN, District Judge. Plaint...
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78 F.Supp.2d 337 (2000) Gia M. PRIMA, individually and as beneficiary of the Estate of Louis Prima, Plaintiff, v. DARDEN RESTAURANTS, INC., d/b/a, Olive Garden Restaurant, and Grey Advertising, Inc., Defendants. No. CIV. 99-1637 GEB. United States District Court, D. New Jersey. January 12, 2000. *338 *339 Anthony Sylvester, Riker, Danzig, Scherer, Hyland & Perretti, Morristown, NJ, for Plaint...
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81 F. Supp. 2d 1010 (2000) J. Ronald PENGILLY, Plaintiff, v. The GUARDIAN LIFE INSURANCE COMPANY OF AMERICA, Defendant. No. C 98-1765 SBA. United States District Court, N.D. California. January 6, 2000. *1011 *1012 *1013 Richard H. Rosenthal, Law Offices of Richard H. Rosenthal PC, Carmel, CA, for plaintiff. Mary L. Guilfoyle, Epstein Becker & Green, San Francisco, CA, for defendant. ORDER GR...
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MEMORANDUM DECISION AND ORDER This is a civil antitrust class action brought under the Clayton Act, 15 U.S.C. §§ 15, et seq., seeking relief on behalf of consumers who purchased shoes made and distributed by Nine West Group, Inc. (“Nine West”). The complaint alleges a vertical and horizontal price-fixing conspiracy in violation of Section 1 of the Sherman Antitrust Act, 15 U.S.C. § 1. Bef...
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OPINION AND ORDER I. INTRODUCTION In January 1998, plaintiff Norwest Financial, Inc. (“Norwest”), an Iowa corporation, purchased an Argentine consumer finance company named Finvercon S.A. Compañía Financiera (“Finvercon”) from defendants Juan Carlos Fernández and Gustavo Carlos Lanzillotta, who remained with Finvercon as President and Vice President respectively. Within a few mon...
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*634 ORDER Plaintiffs have moved to file a Sixth Amendment to the complaint for two purposes: First, in accordance with the Court’s Order of August 5, 1999, they have amended their complaint to include allegations in Count V that the named plaintiffs and the class members have suffered a net economic loss resulting from defendants’ alleged unlawful tying arrangement. The motion to amend is gran...
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MEMORANDUM OPINION This matter is before the court on appeal from the U.S. Bankruptcy Court. See 28 U.S.C. § 158(c)(1); Fed.R.Bankr.P. 8001(e). Debtor Sulochana D. Kapinos (“Kapinos”) filed a Chapter 7 petition in Bankruptcy Court on April 25, 1997. After filing her petition, Kapinos filed two adversary proceedings against three student loan entities seeking to discharge fi...
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81 F. Supp. 2d 70 (2000) INTERNATIONAL KITCHEN EXHAUST CLEANING ASSOCIATION, Plaintiff, v. POWER WASHERS OF NORTH AMERICA, Defendant. No. CIV.A. 99-00675 (HHK). United States District Court, District of Columbia. January 11, 2000. Frank M. Northam, David P. Goch, Webster, Chamberlain & Bean, Washington, DC, for Plaintiff. Susan Neuberger Weller, Roylance, Abrams, Berdo & Goodman, LLP, Was...
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MEMORANDUM DECISION AND ORDER GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT AND DISMISSING PLAINTIFF’S CLAIMS This memorandum memorializes a decision announced in open court on December 18,1999. Summary Plaintiff Marie Carlucci, a nurse, brings suit here under 42 U.S.C. § 1983 against her former employer, Westchester County Health Care Corporation (WCHCC), her former supe...
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80 F.Supp.2d 488 (2000) Joe KOBAISSI, Plaintiff, v. AMERICAN COUNTRY INSURANCE COMPANY, Defendant. No. CIV.A. 99-5215. United States District Court, E.D. Pennsylvania. January 18, 2000. David Brian Rodden, Rodden & Rodden, Philadelphia, PA, for plaintiff. Michael T. McDonnell, III, Ryan, Brown, McDonnell, Berger, and Gibbons, Philadelphia, PA, for defendant. MEMORANDUM & ORDER KATZ, Seni...
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MEMORANDUM-DECISION & ORDER On or about August 24, 1999, Plaintiffs filed a Complaint in Albany City Court alleging a claim of negligence arising out of an automobile accident between the parties on February 8, 1999. As Defendant Fred Maraño is an employee of the United States, on September 9, 1999, Defendant removed the matter to this Court pursuant to 28 U.S.C. §§ 1442(a)(1) and 2679(d)...
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OPINION Defendants have moved, pursuant to Fed.R.Civ.P. 56(c), for summary judgment. For the reasons hereinafter stated, defendants’ motion is granted in part and denied in part. Background On January 22, 1990, Scott filed the present action pro se under 42 U.S.C. §§ 1983 and 1985, charging eleven defendants with violating his constitutional rights while he was an inmate at the ...
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ORDER On November 80, 1999, Plaintiffs Roosevelt Fuller, Gregory Howell, Terence Jarrett, Errol Bond, Shawn Honorable and Courtney Carson (students) filed their First Amended Complaint (#29) against Defendants, Decatur Public School Board of Education School District 61 (School Board), Superintendent Kenneth Arndt, School Board President Jacqueline Goet-ter, and five members of the School Board....
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80 F.Supp.2d 477 (2000) Seifuddin SIMPSON, Plaintiff, v. Martin HORN, et al., Defendants. No. CIV. A. 95-CV-8028. United States District Court, E.D. Pennsylvania. January 14, 2000. *478 Abraham C. Reich, Fox Rothschild, O'Brien & Frankel LLP, Philadelphia, PA, for Plaintiff. Sue Ann Unger, Office of Attorney General, Philadelphia, PA, for Defendant. EXPLANATION AND ORDER ANITA B. BRODY, Dist...
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82 F. Supp. 2d 381 (2000) Mohammad S. KHAN, v. ACCURATE MOLD, INC., v. T & L Personnel Services, Inc. and Tahn V. Lam Temporary Services. No. CIV. A. 99-764. United States District Court, E.D. Pennsylvania. January 14, 2000. *382 James R. Radmore, Law Offices of Boardman, Radmore & Glassman, P.C., Philadelphia, PA, for Mohammad S. Khan. George A. Prutting, Jr., George A. Prutting, Jr., P....
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79 F. Supp. 2d 1104 (2000) Dan Red OWL, Roxanne Whipple, Plaintiffs, v. Dale ROBERTSON, Don Henry, Wes Eisenbeiss, County of Knox, Nebraska, Defendants. No. 4:99CV3072. United States District Court, D. Nebraska. January 12, 2000. *1105 *1106 Dana L. Hanna, White River, SD, for plaintiffs. Richard L. Boucher, Kimberly K. Sturzenegger, Boucher Law Firm, Lincoln, NE, for defendants. MEMORANDUM AND ...
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79 F. Supp. 2d 49 (2000) Algonquin LNG v. Ramzi J. LOQA, in his capacity as Director of the Department of Inspection and Standards for the City of Providence; and Stephen T. Napolitano, in his capacity as City Treasurer of the City of Providence. No. 99-575-T. United States District Court, D. Rhode Island. January 7, 2000. Henry M. Swan, Davis, Kilmarx, Swan & Kohlenberg, Providence, RI, Jame...
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80 F.Supp.2d 5 (2000) Patricia RAINEY, Plaintiff, v. TOWN OF WARREN, Kathleen Raposa, in her official capacity as Warren Town Treasurer; Anthony Primiano, in his individual capacity and in his official capacity as former Sergeant of the Warren Police Department; Louis Dutra, individually and in his official capacity as former Detective of the Warren Police Department; United Steelworkers of Ameri...
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80 F.Supp.2d 1127 (2000) VERNON JOHNSON FAMILY LIMITED PARTNERSHIP, et al., Plaintiff, v. BANK ONE TEXAS, N.A., et al., Defendant. No. C99-0913L. United States District Court, W.D. Washington, at Seattle. January 7, 2000. *1128 *1129 Norman K. Short, Norman Morley Short, P.S., Silverdale, WA, for Vernon Johnson Family Limited Partnership, Wilbur Stubberud, Jean Stubberud, Lucille Badura, Baptist ...
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MEMORANDUM OPINION I. BACKGROUND Plaintiff NYSA-ILA Medical & Clinical Services Fund (“Fund”) provides funding for medical clinics as a multiemployer benefit plan within the meaning of the Employee Retirement Income Security Act (“ERISA”), §§ 3(3), 3(37), 4, 29 U.S.C. §§ 1002(3), 1002(37), 1003. The Fund is a jointly administered labor-management trust fund established in collect...
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MEMORANDUM AND ORDER By this appeal, the appellant-debtors George C. Brady, III and his wife Joan Kilkenny Brady ask this Court to reverse the June 14, 1999 Opinion and Order of Bankruptcy Judge David A. Scholl granting plaintiff Michener’s motion to amend his complaint naming the Pennsylvania Lawyer’s Fund for Client Security (“Fund”) as a plaintiff in the adversary action, finding t...
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82 F. Supp. 2d 376 (2000) Shirley BOSTICK and Adrienne Bostick, Plaintiffs, v. ITT HARTFORD GROUP, INC. a/k/a and/or d/b/a as ITT Hartford, and/or the Hartford, and Hartford Insurance Company of the Midwest, Defendants. No. CIV. A. 97-6296. United States District Court, E.D. Pennsylvania. January 13, 2000. *377 Neil A. Jackson, Philadelphia, PA, for Plaintiffs. Patrick J. Keenan, Philadelphia, PA...
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79 F.Supp.2d 550 (2000) Gennaro RAUSO v. Donald VAUGHN, et al. Civil Action No. 99-2392. United States District Court, E.D. Pennsylvania. January 11, 2000. *551 Gennaro Rauso, Graterford, PA, pro se. Francis R. Filipi, Seth A. Mendelsohn, Office of Attorney General, Harrisburg, PA, for Respondents. ORDER-MEMORANDUM LUDWIG, District Judge. AND NOW, this 11th day of January, 2000, upon petitioner ...
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79 F. Supp. 2d 35 (2000) Jorge Roman CARDONA, et al, Plaintiffs, v. UNITED PARCEL SERVICE, Defendant. No. 98-1992 (HL). United States District Court, D. Puerto Rico. January 13, 2000. *36 *37 Anibal Escanellas-Rivera, San Juan, PR, for Jorge Roman-Cardona, plaintiffs. Pedro J. Manzano-Yates, Beatriz M. Rodriguez-Burgos, Fiddler, Gonzalez & Rodriguez, San Juan, PR, for United Parcel Service, I...
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OPINION AND ORDER Defendants Jose Hernandez, Donna Vin-ing, Kenneth Schrager and Alan Siegel have filed a number of discovery motions related to this prosecution for Medicare fraud. All four defendants have filed motions to compel the Government: (1) to comply with its obligations under Fed. R. Cr. P. 16(a)(1); (2) to provide a bill of particulars pursuant to Fed. R. Cr. P. 7(f); and ...
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MEMORANDUM AND ORDER These cases, which were both assigned to this Court for coordinated and/or consolidated pre-trial proceedings by the Judicial Panel *363on Multi-District Litigation, are before us now on motions for certification as a class action. For the reasons which follow, plaintiffs’ certification request will be granted. Factual Background These cases arose out of the plaintiffs’ p...
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80 F.Supp.2d 252 (2000) ELF ATOCHEM NORTH AMERICA, INC., Plaintiff, v. LAROCHE INDUSTRIES, INC., Defendant. No. Civ.A. 99-391-RRM. United States District Court, D. Delaware. January 12, 2000. *253 Jack B. Blumenfeld, Mary B. Graham, Morris, Nichols, Arsht & Tunnell, Wilmington, Delaware, Mari M. Shaw, David W. Cromley, Robert L. Ebby, Morgan, Lewis & Bockius LLP, Philadelphia, Pennsylvani...
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82 F. Supp. 2d 384 (2000) UNITED STATES of America v. Robert C. LEE. No. CRIM. A. 99-499. United States District Court, E.D. Pennsylvania. January 20, 2000. *385 Judy Goldstein Smith, U.S. Atty's Office, Philadelphia, PA, for Government. Elizabeth Ainslie, Schnader, Harrison, Segal & Lewis, Philadelphia, PA, for Defendant. MEMORANDUM DALZELL, District Judge. We consider here whether certain ...
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78 F. Supp. 2d 647 (2000) Douglas MONKS, Plaintiff, v. KEYSTONE POWDERED METAL COMPANY, Defendant. No. 98-74379. United States District Court, E.D. Michigan, Southern Division. January 12, 2000. *648 David A. Nacht, Ann Arbor, MI, for plaintiff. *649 Richard J. Antoinelli, Robert A. Johnson and Rebecca J. Dick-Hurwitz, Pittsburgh, PA, for defendant. OPINION AND ORDER REGARDING CROSS-MOTIONS FOR ...
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MEMORANDUM OPINION Plaintiff, The Colotone Imaging, Inc. Reorganization Trust, suing herein as Co-lotone Liquidating Trust Created Under the Confirmed Plan of Reorganization for Colotone Imaging Inc., f/k/a Colotone Graphics, Inc. (the “Trust”), brings this action against Bankers Trust New York Corporation and a number of its affiliates (collectively “Bankers Trust”) for breach of fiducia...
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OPINION AND ORDER Plaintiff Nayda Jimenez, a former Big M employee, commenced an action in New York Supreme Court, Bronx County alleging national origin discrimination under the New York State Human Rights Law, N.Y. Exec. Law § 296 et seq. Defendant removed the case to federal court on the basis of diversity of citizenship and now moves for summary judgment pursuant to Fede...
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78 F.Supp.2d 670 (2000) TRUSTEES OF THE B.A.C. LOCAL 32 INSURANCE FUND; Tile, Terrazzo and Marble Industry Pension Fund; Tile, Marble & Terrazzo Industry Join Industry Training Fund; Great Lakes Ceramic Tile Council Fund; Tile, Terrazzo and Marble Industry Supplemental, Unemployment Benefit Fund; and the Tile, Terrazzo and Marble Industry Vacation and Holiday Fund, Plaintiffs, v. Robert SILVE...
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80 F. Supp. 2d 707 (2000) SHRINERS HOSPITAL FOR CHILDREN, Plaintiff, v. McCARTHY BROTHERS COMPANY, Defendant. No. Civ.A.G-98-500. United States District Court, S.D. Texas, Galveston Division. January 7, 2000. *708 David Elias Cowen, Douglas W. Poole, McLeod Alexander Powel & Apffel, Galveston, TX, Shriners Hospitals for Children. John S. McEldowney, Greer Herz & Adams, Galveston, TX, Rich...
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79 F. Supp. 2d 735 (2000) Evelyn AUTREY, Individually and as Representative of the Estate of J.D. Autrey, and Dan Autrey, Plaintiffs, v. 22 TEXAS SERVICES INC. (Formerly Known as 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; Wallace Cannon; Bob Sorenson; C...
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78 F.Supp.2d 1246 (2000) Brenda J. KENNEDY, et al., Plaintiffs, v. ALABAMA STATE BOARD OF EDUCATION, et al., Defendants. No. Civ.A. 89-T-196-N. United States District Court, M.D. Alabama, Northern Division. January 13, 2000. *1247 James U. Blacksher, Birmingham, AL, Leslie Proll, Washington, DC, Joe R. Whatley, Jr., Whatley Drake, L.L.C., Birmingham, AL, Maureen Kane Berg, Whatley Drake LLC, Birm...
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79 F. Supp. 2d 758 (2000) James A. JACKSON, Jr. v. OMI COURIER TRANSPORT, INC. No. G-98-265. United States District Court, S.D. Texas, Galveston Division. January 10, 2000. Richard Lee Melancon, Melancon and Hogue, Friendswood, TX, for James A. Jackson, Jr., plaintiff. Jad J. Stepp, Stepp von Sternberg and Sullivan, Houston, TX, Dennis John Sullivan, Stepp von Sternberg and Sullivan, Houston, TX,...
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79 F. Supp. 2d 747 (2000) Clayton A. CLARK, Kevin S. Fiur, and Clark, Depew & Seiss, L.L.P. v. Taras KICK and The Kick Law Firm. No. Civ.A.G-99-607. United States District Court, S.D. Texas, Galveston Division. January 7, 2000. *748 Ronald L. White, Brown, Sims, Wise & White, Houston, TX, Clayton A. Clark, Clark, Depew and Siess, Houston, TX, for plaintiffs. Andrew J. Mytelka, Greer, Herz...
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MEMORANDUM OF DECISION AND ORDER This case, which appears to be one of first impression in the federal courts, concerns the right of the Federal Government to sue in federal court to enjoin an allegedly discriminatory state property tax on ordinary citizens. In a case filed under the Fair Housing Act of 1968, 42 U.S.C. § 3601 et seq., the United States alleges that the Defendan...
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MEMORANDUM OF DECISION AND ORDER This case involves allegations of fraud and bribery under the Civil RICO Act and Section 1988, brought by dissatisfied bidders on a garbage hauling contract against the Town of Babylon (“the Town”) and the Town officers who awarded the contract. Presently before the Court are the Defendants’ motions to dismiss the Amended Complaint under Rule 12(b)(6) and ...
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78 F.Supp.2d 402 (2000) Theodis BOYKINS, Plaintiff, v. LUCENT TECHNOLOGIES, INC., Defendant. No. Civ.A. 99-2458. United States District Court, E.D. Pennsylvania. January 10, 2000. *403 *404 *405 Niza M. Motola, Ballard Spahr Andrews & Ingersoll, Philadelphia, PA, for Theodis A. Boykins, plaintiff. Theodis A. Boykins, Reading, PA, plaintiff pro se. David S. Fryman, Ballard, Spahr, Andrews and ...
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MEMORANDUM-OPINION Plaintiff Ronald Beeck (hereinafter “Beeck” or “plaintiff’) brought this action alleging two claims: age discrimination in violation of the Age Discrimination in Employment Act (“ADEA”), 29 U.S.C. §§ 621, et seq., and intentional infliction of emotional distress. Plaintiff has more recently asserted that he also brings a claim of retaliation in violation- of 29 U.S.C. § 6...
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MEMORANDUM AND ORDER I. INTRODUCTION This declaratory judgment action involves a dispute between Keane, Inc. and its former employee, defendant Jeffrey Swenson, over the terms of a restricted stock plan. 1 Swenson claims he is the *252 owner of a restricted stock certificate, shares of Class B common stock, and stock dividends. Keane moves for summary-...
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Opinion I. Pending for disposition after hearings of record and full briefings are several motions to dismiss. Each defendant has a pending motion to dismiss. In some instances, the name of a defendant as stated in the motion to dismiss is not exactly the same as that stated in the caption of the case above. The differences, however, are not material. The following are the pending motions a...
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79 F.Supp.2d 1 (2000) STONE & WEBSTER ENGINEERING CORPORATION, Plaintiff, v. DUQUESNE LIGHT COMPANY, Ohio Edison Company, and Pennsylvania Power Company, Defendants. No. Civ.A. 98-10612-PBS. United States District Court, D. Massachusetts. January 7, 2000. W. Scott O'Connell, Richard C. Nelson, William C. Saturley, Gordon J. MacDonald, Nelson, Kinder, Mosseau & Gordon, Manchester, NH, Mich...
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79 F. Supp. 2d 600 (2000) Tremaine Lamont MURPHY v. UNITED STATES of America. No. Civ. HNM 99 2073. United States District Court, D. Maryland. January 14, 2000. *601 Lynne A. Battaglia, United States Attorney, Baltimore, MD, John F. Purcell, Jr., Assistant United States Attorney, for U.S. Tremaine Lamont Murphy, petitioner pro se. MEMORANDUM HERBERT N. MALETZ, Senior Judge.[1] On May 6, 1998, Tr...
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MEMORANDUM AND ORDER WITH REGARD TO DEFENDANT’S MOTION TO QUASH SUBPOENA (Docket No. 35) The present dispute in this personal injury action takes place at the intersection of Rules 26, 34 and 45 of the Federal Rules of Civil Procedure. The United States of America (“Defendant”) seeks to quash a subpoena issued by Arnold Alper (“Plaintiff’) to Defendant’s medical expert, Dr. Gerald Becker. Defen...
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79 F. Supp. 2d 10 (2000) Alan R. ZISKEND, Plaintiff, v. Daniel O'LEARY, Defendant. No. Civ.A. 99-10810-WGY. United States District Court, D. Massachusetts. January 10, 2000. *11 Gordon W. Spencer, Boston, MA, for Plaintiff. George F. Driscoll, Jr., Brookline, MA, for Defendant. MEMORANDUM AND ORDER YOUNG, Chief Judge. The plaintiff Alan Ziskend ("Ziskend") brings this suit against Brookline's Ch...
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84 F.Supp.2d 175 (2000) George A. SARRO, Jr., Plaintiff, Pro Se, v. ESSEX COUNTY CORRECTIONAL FACILITY, Defendant. No. Civ.A. 98-12204-REK. United States District Court, D. Massachusetts. January 6, 2000. *176 George A. Sarro, Jr., Middleton, MA, plaintiff pro se. John J. Davis, Pierce, Davis, Fahey & Perritano, LLP, Boston, MA, William P. Breen, Jr., Pierce, Davis, Fahey & Perritano, Bos...
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Opinion I. Procedural Background and Nature of This Case By Memorandum and Order (Docket No. 8, August 4), this court dismissed the only pending motion in this case, which was Respondent’s Motion to Dismiss (Docket No. 4, filed May 4,1999), asserting lack of jurisdiction to consider petitioner’s due process challenge to an order finding *200 him deportable because he fai...
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80 F.Supp.2d 576 (2000) Robert A. DUMONT and Charleen A. Dumont, Plaintiffs, v. UNITED STATES of America, Defendant. No. 2:98-0119-11AJ. United States District Court, D. South Carolina, Charleston Division. January 10, 2000. *577 A. Elliott Barrow, Jr., Charleston, SC, for plaintiffs. Joseph P. Griffith, Jr., Asst. U.S. Attorney, Charleston, SC, for defendant. ORDER CARR, United States Magistrat...
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84 F. Supp. 2d 1057 (2000) State of CALIFORNIA, Plaintiff, v. SUTTER HEALTH SYSTEM, Alta Bates Medical Center, and Summit Medical Center, Defendants. No. C99-03803 MMC. United States District Court, N.D. California. January 5, 2000. *1058 *1059 John G. Donhoff, Jr., Attorney General, Thomas Greene, CA State Attorney General's Office, San Francisco, CA, for Plaintiffs. Daniel M. Wall, Karen Silver...
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MEMORANDUM OF DECISION AND ORDER On September 16, 1998, the plaintiff, Mark A. Raifman, M.D. (the “plaintiff’ or “Raifman”) commenced this lawsuit against the defendant Berkshire Life Insurance Co. (the “defendant” or “Berkshire”), alleging that Berkshire should be compelled to make disability insurance payments under four separate disability and overhead expense insurance policies. The c...
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80 F. Supp. 2d 421 (2000) Joann BRISTOW, Plaintiff v. Jacob C. CLEVENGER, Donald E. Hopple, Jr., Defendants. No. CIV. 1:CV-98-2010. United States District Court, M.D. Pennsylvania. January 19, 2000. *422 *423 Don E. Bailey, Harrisburg, PA, for Joann Bristow. David J. Lanza, Lemoyne, PA, James D. Young, Lavery & Kain, Harrisburg, PA, for Jacob C. Clevenger. Anthony J. Piazza, Jr., Scranton, PA...
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79 F. Supp. 2d 941 (2000) Dominic QUIGLEY, Plaintiff, v. AUSTEEL LEMONT COMPANY, INC., Defendant. No. 98 C 4945. United States District Court, N.D. Illinois, Eastern Division. January 20, 2000. *942 Joseph R. Mazzone, Thomas P. Palacek, Schenk, Duffy, McNamara, Phelan, Carey & Ford, Ltd., Joliet, IL, for plaintiff. Elaine Saphier Fox, Richard Patrick McArdle, D'Ancona & Pflaum, Chicago, I...
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80 F.Supp.2d 491 (2000) Oscar W. EGERVARY v. Frederick P. ROONEY, Esq., et al. No. CIV. A. 96-3039. United States District Court, E.D. Pennsylvania. January 21, 2000. *492 Gary L. Azorsky, Mesirov, Gelman, Jaffe, Cramer & Jamieson, LLP, Philadelphia, PA, for Plaintiff. Richard A. Kraemer, Marshall, Dennehey, Warner, Coleman & Goggin, Philadelphia, PA, for Frederick P. Rooney, James J. Bur...
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79 F. Supp. 2d 949 (2000) Carolyn A. HAIMAN, Plaintiff, v. VILLAGE OF FOX LAKE, Defendant. No. 98 C 0158. United States District Court, N.D. Illinois, Eastern Division. January 21, 2000. *950 Laurie J. Wasserman, Law Offices of Laurie J. Wasserman, Skokie, IL, Deborah M. Kennedy, Karen I. Ward, Equip for Equality, Inc., Chicago, IL, for plaintiff. Joshua David Holleb, Michael A. Paull, Klein, Dub...
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MEMORANDUM On August 14, 1998, the plaintiff filed a personal injury complaint against General Motors in Superior Court. It alleged that defects in a 1987 Chevrolet Corvette designed, manufactured and sold by GM, caused it to go out of control so that the plaintiff drove it into a wall (instead of the car in front of him) in order to bring it to a *57 stop. The plaintiff ...
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80 F.Supp.2d 218 (2000) BELL ATLANTIC-DELAWARE, INC., Plaintiff, v. Robert J. McMAHON, Chairman, et al., Defendants. AT & T Communications of Delaware, Inc., Plaintiff, v. Bell Atlantic-Delaware, Inc., et al., Defendants. No. 97-511-SLR, 97-616-SLR. United States District Court, D. Delaware. January 6, 2000. *219 *220 *221 William E. Manning, and Bonnie L. Metz, of Duane, Morris & Hecksch...
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OPINION The Plaintiffs instituted this action alleging, inter alia, that the Defendant violated the Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692a-1692o (1994), by seeking and obtaining awards of attorney’s fees for services actually rendered by non-attorneys during debt collection proceedings throughout the State of Mississippi. Presently before the court is the Plaintiffs’ Motion for ...
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MEMORANDUM ORDER So-called “drug kingpins” are subject to the Continuing Criminal Enterprise (“CCE”) statute, 21 U.S.C. § 848, a complicated law that provides greatly enhanced punishment for a defendant who commits a narcotics felony that is part of a continuing “series of [such] violations” that the defendant committed in concert with five or more other persons whom he organized, supervised,...
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MEMORANDUM — DECISION AND ORDER Plaintiffs, the owner and operator of an underground liquid petroleum gas storage facility, commenced this action seeking declaratory and injunctive relief. Presently before the Court is Defendants’ motion to dismiss the complaint for lack of subject matter jurisdiction and failure to state a claim. For the reasons set forth below, Defendants...
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MEMORANDUM — DECISION AND ORDER This case is a wrongful death action arising out of an automobile accident. Presently before the Court is plaintiff King’s motion for summary judgment. For the reasons set forth below, that motion is denied. I. BACKGROUND On October 18,1995, defendant Annamarie Morena was driving southbound on 1-87 in a car owned by her father, defendant Guiseppe Morena, with two pa...
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DECISION AND ORDER Petitioner, Demetrius Coleman (“Coleman”) now incarcerated at the Oneida Correctional Facility, has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Coleman contends that his judgment and conviction, entered pursuant to his guilty plea, was obtained in violation of his constitutional rights. Specifically, Coleman contends that his trial counsel pro...
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79 F. Supp. 2d 809 (2000) OVERLAND, INC., d/b/a Smithy Company, a Michigan corporation, Plaintiff, v. John TAYLOR, an individual, Shop-Task, Inc., a Washington corporation, International Technologies, Inc., a Washington corporation, Shop Master's Journal, Inc., a Washington corporation, Shoptask Marketing, Inc., a Washington corporation, Defendants. No. Civ.A. 98-40430. United States District Cou...
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84 F. Supp. 2d 315 (2000) Donald J. DIBBLE, Plaintiff, v. Major General John H. FENIMORE, V; Secretary of the Air Force F. Whitten Peters, Defendants. No. 97-CV-1256 (LEK/RWS). United States District Court, N.D. New York. January 19, 2000. Gaffney, Schember Law Firm, Washington DC, Daniel M. Schember, of counsel, for plaintiff. Hon. Eliot L. Spitzer, Attorney General of the State of New York, Dep...
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82 F. Supp. 2d 493 (2000) MOM'S, INC.; John Robert Colaprete; Theodore Mazur Bonk; Edy Miller; Jennifer Marie Miller, a minor by Edy Miller, her parent and next friend; Richard Scott Miller II, a minor by Edy Miller, his parent and next friend; and Richard Scott Miller, Plaintiffs, v. JUDITH WEBER, individually and as Special Agent for the Department of Alcoholic Beverage Control of Virginia; Cly...
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MEMORANDUM-DECISION & ORDER Plaintiff Katrina Dyke brings the instant action against Defendant Greg McCleave d/b/a Guaranteed Integrity, alleging sexual harassment in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq .. Plaintiff also asserts pendent state law claims under N.Y.Exeo. Law § 290 et seq. and for intentional infliction of e...
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80 F.Supp.2d 1290 (2000) Alexis HERMAN, Secretary of Labor, United States Department of Labor, Plaintiff, v. CONTINENTAL GRAIN CO., d/b/a Wayne Farms, Defendant. No. Civ.A. 99-A-616-N. United States District Court, M.D. Alabama, Northern Division. January 18, 2000. Henry L. Solano, Jaylynn K. Fortney, Atlanta, GA, for plaintiff. Robert D. Segall, Montgomery, AL, Michael B. Wallace, Jackson, MS, f...
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ORDER (1) GRANTING DEFENDANTS’ MOTION TO STAY JUDICIAL PROCEEDINGS AND TO COMPEL ARBITRATION AND (2) GRANTING DEFENDANTS’ MOTION TO TRANSFER VENUE TO THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA PENDING ARBITRATION PURSUANT TO 28 U.S.C. § 1404(a) The above-entitled case involves disputes arising out of the performance of a construction project for the United States ...
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OPINION AND ORDER This action arises under the Age Discrimination in Employment Act (“ADEA”), 29 U.S.C. § 621 et seq., and New York Executive Law § 296. Plaintiff Lloyd Bucknell, an electrician employed by defendant Refined Sugars, Inc. (“RSI”), claims he was denied a promotion to the position of electrical technician because of his age. Currently before this Court is defendant’s moti...
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OPINION Plaintiff Parex Bank (“Parex”) has moved, pursuant to 28 U.S.C. § 1447(c), to remand this action to New York State Supreme Court, New York County. For the reasons set forth below, the motion is denied. Background and Prior Proceedings On July 21, 1999, Parex, a Latvian bank which does business in New York, filed this action in New York Supreme Court against Russi...
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OPINION Defendants Indiana Black Expo (the “Expo”) and Charles Williams (“Williams”) have each moved, pursuant to Rule 56 of the Federal Rules of Civil Procedure, for summary judgment dismissing the complaint of plaintiff pro se J. Morris Anderson (“Anderson”) for lack of personal jurisdiction over the named defendants. Alternatively, Expo has challenged venue in this juris...
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OPINION AND ORDER The plaintiffs, Imatec, Ltd. (“Imatec”) and Hanoch Shalit (“Dr.Shalit”), bring this action ■ alleging that the defendant, Apple Computer, Inc. (“Apple”), has infringed a series of patents owned by Dr. Shalit and, for a period, exclusively licensed or assigned to Imatec. Now pending before the Court are two motions brought by the defendant: a motion to dismiss for lac...
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80 F. Supp. 2d 635 (2000) Joseph OKEKE, Do Hung Kim, and Mulu Tamene Alemayehu, Petitioners, v. Kenneth L. PASQUARELL, as District Director of the San Antonio District of the Immigration and Naturalization Service, Doris Meissner, as the Commissioner of the Immigration and Naturalization Service, the Immigration and Naturalization Service, an Agency of the United States, the Executive Office for ...
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80 F.Supp.2d 779 (2000) UNITED STATES of America, Plaintiff-Respondent, v. Sanford ATKIN, Defendant-Movant. No. 1:94-CR-378. No. 1:98-CV-366. United States District Court, N.D. Ohio, Eastern Division. January 7, 2000. *780 *781 Gordon S. Friedman, Friedman & Gilbert, Cleveland, OH, Raymond V. Vasvari, American Civil Liberties Union of Ohio Foundation, Inc., Cleveland, OH, for Sanford I Atkin,...
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OPINION Plaintiffs Briarpatch Limited L.P. (“Briarpatch” or the “Partnership”) and Gerard F. Rubin (“Rubin”) (collectively, “Plaintiffs”) have moved, pursuant to Rule 19, Fed.R.Civ.P., and 28 U.S.C. 1447(e), to amend their complaint, add necessary parties, and remand the action to the Supreme Court of the State of New York, New York County. Defendant Stephen V. Pate (“Pate”) has moved...
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80 F.Supp.2d 307 (2000) EMERSON RADIO CORP., Plaintiff, v. ORION SALES, INC., et al., Defendants. No. Civ.A. 95-6455. United States District Court, D. New Jersey. January 21, 2000. *308 Paul F. Carvelli, McCusker, Anselmi, Rosen, Carvelli & Walsh, Chatham, NJ, David L. Harris, Lowenstein Sandler, Roseland, NJ, for plaintiff. Joseph J. Fleischman, Norris, McLaughlin & Marcus, Somerville, N...
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OPINION In this social security case, the issue is whether the amount allocated in the plaintiffs workers’ compensation settlement for future rehabilitation services should be offset from his social security disability award. Based on the facts of this ease, I hold that such an offset is not justified. Accordingly, I grant the plaintiffs objections to the magistrate judge’s report and rev...
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79 F.Supp.2d 31 (2000) Jose Gonzalez FELICIANO, Plaintiff, v. SERVICIOS CORRECCIONALES, et al., Defendants. No. Civ. 98-1381(HL). United States District Court, D. Puerto Rico. January 10, 2000. *32 Jose Gonzalez-Feliciano, Servicios Correccionales de P.R., Ponce, PR, plaintiff pro se. Judith Martinez-Fortier, Department of Justice of PR, Federal Litigation Division, San Juan, PR, Darcy R. Brum-Ar...
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MEMORANDUM AND ORDER I. INTRODUCTION Plaintiffs Robert Tiemann and Thelma Tiemann, his wife, originally brought this action in the Court of Common Pleas of Philadelphia County on June 10, 1999, by the filing of a Praecipe to Issue Writ of Summons and a Writ of Summons. It was subsequently removed to the U.S. District Court for the Eastern District of Pennsylvania. Defendants have...
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81 F. Supp. 2d 1070 (2000) TRADERS & GENERAL INSURANCE COMPANY, Plaintiff, v. Heather FREEMAN, Mike Freeman, and Mary Anne Clow, Defendants. No. CV 98-1263-HU. United States District Court, D. Oregon. January 20, 2000. *1071 Ronald J. Clark, Portland, OR, for Plaintiff. Richard Maizels, Portland, OR, for Defendants Heather Freeman and Mike Freeman. Forrest N. Rieke, Paul G. Ellis, Rieke &...
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*279 MEMORANDUM OPINION AND ORDER Before the Court is Andrews & Kurth’s (“A & K”) Appeal Under 28 U.S.C. § 158(a) From a Final Judgment of a Bankruptcy Judge, filed August 5, 1999, and its supporting Brief, filed December 8, 1999. I. Background This case arises from the bankruptcy of LiL Things, Inc. (“Debtor”), a retail chain of toy superstores. Debtor filed a ...
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ORDER This cause is before this court on the motion by the defendants to withdraw the reference to the bankruptcy court, filed July 29, 1999, and on the Honorable Robert E. Grant’s recommendation to this court regarding that motion, filed September 8, 1999. The defendants filed a jury demand on June 21, 1999, and then filed their motion to withdraw the reference on July 29, 1999, in contr...
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ORDER On July 24, 1996, Plaintiff filed a Complaint alleging that Defendants, the City of Phoenix and four of its police officers, violated his constitutional rights when they obtained and executed two search warrants, seized property belonging to Plaintiff, and failed to return the property to Plaintiff. By Order of March 31, 1999, as amended by Order of April 8, 1999, the Court granted ...
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MEMORANDUM WITH REGARD TO APPROVAL OF SETTLEMENT AGREEMENT (Docket No. 115) The parties have entered into a proposed settlement involving a certified class of “adults vrath mental retardation and other developmental disabilities in Massachusetts who resided in ... nursing facilities on or after October 29, 1998, or who are or should be screened for admission to nursing facilities.” (Order of Cl...
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80 F.Supp.2d 944 (2000) Larry CRAIG aka Abdul Aziz, Muhammad Ahmad, Jamal Hardin, Daniel Grundy, Darryl Newman, Juan D. Mockabee, Kevin Redman, Darrell Lillard, Larry Jones, Michael Bayliff, Lawrence Fogle, Kenneth Guthrie, Richard Horton, Jeffrey Lewis, Kenny Morris, Darryl Rucker, Richard Tillery, Eldridge Wade, Joseph Lewis, and Adrian Walters, Plaintiffs, v. Edward COHN, Robert Ohlemiller, Do...
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MEMORANDUM AND ORDER The six Petitioners have filed 19 related cases in this Court seeking to compel arbitration of 19 actions brought against them in state court by former employees. The Court disposed of 15 of those cases by an order entered September 13, 1999. Two others were dismissed by an order entered December 29, 1999. Pending before this Court are the petitions to compel the arbi...
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81 F. Supp. 2d 235 (2000) Adelia DACOSTA, Plaintiff, v. Kenneth S. APFEL, Commissioner Social Security Administration, Defendant. No. CIV. A. 98-40158-NMG. United States District Court, D. Massachusetts. January 11, 2000. *236 Mark Bronstein, Law Office of Mark Bronstein, Boston, MA, for Adelia DaCosta. Christopher M. Tauro, United States Attorney's Office, Boston, MA, for Kenneth S. Apfel. MEMO...
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81 F. Supp. 2d 217 (2000) Vickie LESLEY, Plaintiff, v. Hee Man CHIE, M.D., Defendant. No. Civ.A 97-40067-NMG. United States District Court, D. Massachusetts. January 7, 2000. *218 *219 Bennett H. Klien, Boston, MA, for plaintiff. Robert V. Deiana, Margaret J. Hurley, Mirick, O'Connell, DeMallie & Lougee, Worcester, MA, for Hee Man Chie, defendant. Claudia A. Hunter, Hunter & Walsh, Boston...
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MEMORANDUM OPINION BACKGROUND William H Johnson was a prolific artist during the 1920s through 1940s. Johnson was born in South Carolina in 1901. He studied art in New York and Massachusetts in the 1920s. Johnson then moved from New York to Denmark in 1946. *198 While traveling in Norway in 1947 Johnson was diagnosed with tertiary syphilis and deemed mentally incompe...
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84 F. Supp. 2d 263 (2000) Leo GUILBEAULT, Plaintiff, v. R.J. REYNOLDS TOBACCO COMPANY, Defendant. No. 98-035-L. United States District Court, D. Rhode Island. January 12, 2000. *264 *265 Ralph R. Ryan, Pawtucket, RI, Stephen R. White, Warwick, RI, for Plaintiff. Joseph A. Kelly, Paula A. Kelly, Carroll, Kelly & Murphy, Michael T. Sullivan, Morrison, Mahoney & Miller, Providence, RI, Richa...
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84 F.Supp.2d 443 (2000) SECURITIES AND EXCHANGE COMMISSION, Plaintiff, v. PRINCETON ECONOMIC INTERNATIONAL LTD., Princeton Global Management Ltd. and Martin A. Armstrong, Defendants. Commodities Futures Trading Commission, Plaintiff, v. Princeton Economic International Ltd., Princeton Global Management Ltd. and Martin A. Armstrong, Defendants. Nos. 99 Civ. 9667, 99 Civ. 9669. United States Distri...
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80 F.Supp.2d 978 (2000) Scott M. LEWIS, Plaintiff, v. The PAUL REVERE LIFE INSURANCE CO., Defendant and Third-Party Plaintiff v. Donald S. Abrams and Utica Mutual Insurance Company, Third-party Defendants. No. 98-C-792. United States District Court, E.D. Wisconsin. January 18, 2000. *979 *980 *981 *982 Alan Levy, Milwaukee, WI, for Plaintiff. Paul Benson, Milwaukee, WI, for Defendant. Burton Strn...
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Opinion I. Marcelino and Mariana Barbosa (together, “debtors”) appeal “an order and related opinion” of the United States Bankruptcy Court for the District of Massachusetts (Eastern Division) (Feeney, J.), which they designate together as the “Modification Order” of July 30, 1999 (hereinafter the “Order”). Though on somewhat different reasoning, this court affirms. At the outset...
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MEMORANDUM AND ORDER I. Introduction. The defendant, Alan N. Scott (“Scott”), here moves to suppress the fruits of two search warrants issued by Magistrate Judge Marianne Bowler. The first warrant issued on March 12, 1999, and was executed on March 16, 1999. The second warrant issued on April 8, 1999, authorizing the government to search the hard drives of two computers s...
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81 F. Supp. 2d 257 (2000) TELECORP REALTY, LLC, Plaintiff, v. The TOWN OF EDGARTOWN, The Town of Edgartown Planning Board and Norman Rankow, Alan Wilson, Kenneth A. Southworth, Paul Brewster and Michael Donaroma, as they are members of the Town of Edgartown Planning Board, Defendants. Civil Action No. 99-11673-JLT. United States District Court, D. Massachusetts. January 18, 2000. *258 Peter B. Mo...
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82 F. Supp. 2d 389 (2000) UNITED STATES of America, v. Robert C. LEE. Criminal Action No. 99-499. United States District Court, E.D. Pennsylvania. January 25, 2000. *390 Judy Goldstein Smith, Michael L. Levy, U.S. Attorney's Office, Philadelphia, PA, for U.S. Elizabeth Ainslie, Denise Wolf, Schnader, Harrison, Segal & Lewis, Philadelphia, PA, for Robert C. Lee. MEMORANDUM ON GOVERNMENT'S MOT...
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ORDER DENYING DEFENDANTS’ MOTION FOR FINAL SUMMARY JUDGMENT On October 5, 1997, Plaintiff Stewart was allegedly injured when he tripped and fell in a ballast tank on board the SSY LOUISIANA. He was allegedly injured a second time on December 14, 1997 when he fell from some scaffolding on the same vessel. Now before the Court is Defendants’ Motion for Final Summary Judgment, filed Octo...
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80 F.Supp.2d 729 (2000) COMMUNITIES FOR EQUITY, et al., Plaintiffs, v. MICHIGAN HIGH SCHOOL ATHLETIC ASSOCIATION, et al., Defendants. No. 1:98-CV-479. United States District Court, W.D. Michigan, Southern Division. January 21, 2000. *730 H. Rhett Pinsky, Pinsky, Smith, Fayette & Hulswit, Grand Rapids, MI, Marcia D. Greenberger, Washington, DC, Kristen Galles, Equity Legal, Alexandria, VA, Nee...
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80 F.Supp.2d 626 (2000) SERVICE ASSET MANAGEMENT COMPANY, Plaintiff, v. HIBERNIA CORPORATION, et al., Defendants. No. 1:99-CV-374. United States District Court, E.D. Texas, Beaumont Division. January 19, 2000. *627 Stephen A Kennedy, Wolin Ridley & Miller, Dallas, TX, for Service Asset Management Company. William Andrew Barr, Kristen M. Castaneda, Locke Liddell & Sapp, Dallas, TX, John Ca...
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80 F. Supp. 2d 320 (2000) PAUL P., et al., Plaintiffs, v. John J. FARMER, Jr., Attorney General of New Jersey, et al., Defendants. Civil Action No. 97-2919(JEI). United States District Court, D. New Jersey. January 24, 2000. Susan L. Reisner, Public Defender for New Jersey by Michael Z. Buncher, Deputy Public Defender, Edward L. Barocas, Assistant Deputy Public Defender, Trenton, NJ, for Plaintif...
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82 F. Supp. 2d 448 (2000) Amy Lynn POWERS v. AMERICAN EXPRESS FINANCIAL ADVISORS, INC. v. Michael D'Ambrosia. No. CIV. S 99-385. United States District Court, D. Maryland. January 24, 2000. *449 *450 Clifford R. Bridgford, Law Office, Frederick, MD, for Amy Lynn Powers, plaintiffs. Gilbert W. Boyce, Law Office, Washington, DC, for American Express Financial Advisors Inc., defendants. MEMORANDUM ...
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85 F. Supp. 2d 736 (2000) Leslie PROSSER and Danielle Prosser, Plaintiffs, v. Douglas FRANCOEUR, Clifton Edwards, Lenawee County Sheriff's Department, and Certain Unidentified and Unnamed Officers of the Omni Drug Enforcement Unit, Defendants. No. 99-CV-72009. United States District Court, E.D. Michigan, Southern Division. January 10, 2000. *737 Thomas L. Thompson, James D. Hayne, Hillsdale, MI, ...
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MEMORANDUM Appellees move pursuant to Fed. R.Bankr.P. 8007(c) and 8011(d) to dismiss this appeal of the Bankruptcy court’s said order, arguing that Bankruptcy Code § 363(m), 11 U.S.C. § 363(m), precludes appellate review of the sales order because Appellant failed to stay the subsection (b), 11 U.S.C. § 363(b), sale pending appeal. For reasons set forth below, the motion is ALLOWED. ...
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MEMORANDUM AND ORDER Amgen Inc. (“Amgen”) is embroiled in complex patent litigation with Hoechst Marion Roussel, Inc. (“Hoechst”) and Transka-ryotic Therapies, Inc. (“Transkaryotie”). Sweeping discovery requests have been met by equally adroit countermoves. Discovery motions fall as the gentle rain. Amidst this preliminary grappling, counsel for Hoechst has made the misstep feared by all litiga...
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96 F. Supp. 2d 5 (2000) UNITED STATES of America v. Lee LEICHTER, John Cvinar, and David Prigmore, Defendants. United States District Court, D. Massachusetts. January 12, 2000. Michael K. Loucks, United States Attorney's Office, Boston, MA, for U.S. Andrew Good, Silverglate & Good, Boston, MA, for Lee H. Leichter, Defendant. William H. Kettlewell, Dwyer & Collora, Boston, MA, for John F. ...
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MEMORANDUM OF DECISION AND ORDER On January 19, 1999, Howard Greenberg filed a class action on behalf of purchasers of ML Direct stock against Bear Stearns in the United States District Court, Southern District of New York, Greenberg v. Bear Stearns (No. 99 CIV 359[JSM]). On February 9, 1999, additional plaintiffs, in an action entitled Robert Levitt, et al. v. Bear Stear...
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MEMORANDUM AND ORDER Ancel Vincent Elcock (“Elcock”) petitions this court for a writ of habeas corpus barring his extradition to the Federal Republic of Germany (“Germany”) to face bank robbery charges. Elcock, who has previously been convicted of related charges in the Eastern District of New York, argues that this extradition would violate the prior jeopardy provision of the extradi...
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MEMORANDUM OPINION AND ORDER Ty, Inc. makes Beanie Babies® which have been, to my perception, extraordinarily popular toys both in terms of the sheer number (over a billion) of them which have been distributed and the very number, of years (at least five) that they have been prominent in the marketplace. 1 The defendants do not make rival products — plush toys; they make ...
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85 F. Supp. 2d 1323 (1999) Kris Edward HELTON, Petitioner, v. Harry SINGLETARY, Respondent. No. 98-10110-CIV. United States District Court, S.D. Florida. December 23, 1999. Order Denying Stay January 20, 2000. *1324 Melvin Sidney Black, Miami, FL, for plaintiff. Michael J. Neimand, Jonathan Ellsworth, Florida Atty. General's Office, Miami, FL, for defendant. ORDER ON PETITION FOR WRIT OF HABEAS ...
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80 F.Supp.2d 1285 (2000) AMERICAN MOTORISTS INSURANCE COMPANY, Plaintiff, v. SOUTHERN SECURITY LIFE INSURANCE COMPANY, Defendant/Counterclaim Plaintiff, v. American Motorists Insurance Company and United States Fidelity and Guaranty Company, Counterclaim Defendants. No. Civ.A. 98-C-960-N. United States District Court, M.D. Alabama, Northern Division. January 6, 2000. H.E. Nix, Jr., Steven A. Higg...
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82 F. Supp. 2d 879 (2000) UNITED STATES of America ex rel. Steven HINDI, Petitioner, v. WARDEN OF McHENRY COUNTY JAIL and James Ryan, Illinois Attorney General, Respondents. No. 99 C 2814. United States District Court, N.D. Illinois, Eastern Division. January 21, 2000. *880 Judith Anne Halprin, Highland Park, IL, for petitioner. Gary William Pack, McHenry County State's Attorney's Office, Woodsto...
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82 F. Supp. 2d 775 (2000) Rodney McINTOSH, Plaintiff, v. STANLEY-BOSTITCH, INC., Defendant. No. C2-098-372. United States District Court, S.D. Ohio, Eastern Division. January 26, 2000. *776 *777 Patrick J. Piccininni, Brunner & Brunner, Columbus, OH, Jeffrey C. Pettys, Reed & Pettys, Columbus, OH, for plaintiff. Gary Edward Becker, Dinsmore & Shohl, Cincinnati, OH, Michael J. Stief, I...
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82 F. Supp. 2d 768 (2000) Jina DAVIDSON, Plaintiff, v. FRANCISCAN HEALTH SYSTEM OF the OHIO VALLEY, INC., Defendant. No. C-3-98-322. United States District Court, S.D. Ohio, Western Division. January 20, 2000. *769 Joanne J Ervin, Dayton, OH, for plaintiff. Darryl M Kates, Dinsmore & Shohl — 1, Cincinnati, OH, Jeffrey Scott Shoskin, Dinsmore & Shohl — 1, Cincinnati, OH, for defendant. I....
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MEMORANDUM OPINION THIS MATTER is before the Court on cross-Motions for Summary Judgment and a Motion to Dismiss. For the reasons discussed below, *670 1. the Motion for Summary Judgment brought by Plaintiff VIRGINIA SOCIETY FOR HUMAN LIFE, INC. (herein “VSHL”) is GRANTED; 2. the Motion for Summary Judgment brought by Defendant FEDERAL ELECTION COMMISSION (herein “FEC”) is DENIED; 3. ...
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MEMORANDUM On April 29, 1999 defendant Mitchell Robertson was arrested by a Philadelphia police officer and later was indicted for possession of ammunition by a convicted felon, 18 U.S.C. § 922(g)(1). 1 He moved to suppress the seizure of the handgun containing the ammunition. On December 6, 1999, upon hearing, the motion was denied. Defendant changed his plea to guilty, re...
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MEMORANDUM AND ORDER This case has been brought before the Court on motion of the defendants for summary judgment. For the reasons which follow, the motion shall be granted in part and denied in part. Statement of Facts On January 3, 1997, the plaintiff, Barry Walker, was observed via closed circuit television in the Strawbridge’s department store in Center City Philadel...
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80 F.Supp.2d 939 (2000) Carlos HENDERSON, and Charlie Richardson, Plaintiffs, v. VILLAGE OF DIXMOOR, a Municipality; Officer E. Recendez, Star No. 19 Officer Bolanda, Star No. 32, and Officer Kelly, Star No. 12, all individually, and in their official capacities as police officers for the Village of Dixmoor, Defendants. No. 99 C 5908. United States District Court, N.D. Illinois, Eastern Division....
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DECISION AND ORDER The parties have consented to have the undersigned conduct all further proceedings in this case, including entry of judgment after trial, in accordance with 28 U.S.C. § 636(c). The record before the court on liability consists of a joint stipulation of facts and documentary evidence. The damages issues were tried before the court on October 12 and 13, 1999. What follows...
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81 F. Supp. 2d 923 (2000) K'S MERCHANDISE MART, INC., Plaintiff, v. KMART CORPORATION, Defendant. No. 99-2296. United States District Court, C.D. Illinois, Danville/Urbana Division. January 25, 2000. *924 Donald W. Rupert, Joan L. Long, Douglas M. Eveleigh, Mayer Brown & Platt, Chicago, IL, Joseph D. Murphy, Meyer, Capel, Hirschfeld, Muncy, Jahn & Aldeen, Champaign, IL, for plaintiff. Ger...
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OPINION The issue for determination is whether a general contractor can be held liable to a union and its multiemployer pension and welfare funds for payments due from a subcontractor. For the reasons set forth below, the answer in the context of the facts here is affirmative. Plaintiffs — several pension and welfare funds of the Mason Tenders Union — claim that the defendant general ...
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MEMORANDUM OPINION Plaintiff, Angela Robinson, brings this action against her former employer, Instructional Systems, Inc. (“ISI”), alleging discrimination on the basis of race and/or national origin, in the terms of her employment and termination, in violation of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq. (“Title VII”), the New York State ...
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80 F.Supp.2d 1298 (2000) UNITED STATES of America, Plaintiff, v. TWO PARCELS OF REAL PROPERTY LOCATED AT 101 NORTH LIBERTY STREET AND 105 LIBERTY STREET IN CLANTON, CHILTON COUNTY, ALABAMA, With all Appurtenances and Improvements Thereon, Defendants, Veronica Walker, Claimant. No. CIV. A. 97-T-862-N. United States District Court, M.D. Alabama, Northern Division. January 21, 2000. *1299 John T. Ha...
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80 F. Supp. 2d 712 (2000) EASTMAN CHEMICAL CO. v. NIRO, INC. No. CIV. A. G-99-623. United States District Court, S.D. Texas, Galveston Division. January 24, 2000. *713 Brian L. Bunt, Bunt & Wright, Longview, TX, for Eastman Chemical Company, plaintiffs. Finis E. Cowan, III, Mills, Shirley, Eckel & Bassett, Houston, TX, Jack C Brock, Mills Shirley et al., Galveston, TX, for Niro, Inc., def...
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81 F. Supp. 2d 1242 (2000) Paul D. EDWARDS, et al., Plaintiffs, v. ALABAMA DEPARTMENT OF CORRECTIONS, et al., Defendants. No. Civ.A. 97-T-1746-N. United States District Court, M.D. Alabama, Northern Division. January 14, 2000. *1243 *1244 *1245 Thomas E. Baddley, Jr., Jeffrey P. Mauro, Baddley & Mauro, LLC, Birmingham, AL, for Emanuel Moore, Renee Brown, Debra Kay Echols, Denise Mayfield, Pau...
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ORDER DENYING IN PART AND GRANTING IN PART DEFENDANTS’ MOTIONS TO DISMISS AND DENYING DEFENDANTS’ MOTIONS FOR MORE DEFINITE STATEMENT Plaintiffs bring this claim against Defendants alleging a variety of claims arising from a contract allegedly reached by the parties in July 1995. Now before the Court are Motions to Dismiss for Lack of Subject Matter Jurisdiction, for Lack of Personal ...
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OPINION INTRODUCTION This case calls upon the Court to decide whether an exclusively state law-based lawsuit brought by a municipality against an array of firearms manufacturers and distributors may be removed to federal *544 Court on the basis that the plaintiffs stated claims are completely preempted by the Commerce, Import/Export, and Due Process clauses of the Un...
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79 F. Supp. 2d 813 (2000) Aaron NELSON, individually and as class representative, Plaintiff, v. ASSOCIATES FINANCIAL SERVICES COMPANY OF INDIANA, INC., an Indiana corporation, Defendant. No. 4:99-CV-126. United States District Court, W.D. Michigan, Southern Division. January 25, 2000. *814 *815 Peter A. Poznak, Currie, Kendall, Polasky & Meisel, PLC, Midland, MI, for Aaron Nelson, plaintiff. ...
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79 F. Supp. 2d 637 (2000) ROADTECHS, INC., Plaintiff, v. MJ HIGHWAY TECHNOLOGY, LTD., et al., Defendants. No. Civ.A. 3:99CV573. United States District Court, E.D. Virginia, Richmond Division. January 19, 2000. Christopher L. Perkins, Vernon E. Inge, Jr., LeClair Ryan, Richmond, VA, for plaintiff. Donald J. Richardson, Robert E. Eicher, Williams, Mullen, Clark & Dobbins, Richmond, VA, for MJ H...
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80 F. Supp. 2d 540 (2000) Sherry Ann GORHAM, Plaintiff, v. GUIDANT MUTUAL INSURANCE COMPANY, et al., Defendants. No. Civ.AMD 99-1442. United States District Court, D. Maryland. January 20, 2000. *541 Thomas J. Schetelich, Peter Joseph Basil, Ferguson, Schetelich & Heffernan, P.A., Baltimore, MD, for plaintiff. Deborah S. Kane, DeCaro, Doran, Siciliano, Gallagher & DeBlasis, LLP, Lanham, M...
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82 F. Supp. 2d 426 (2000) M. Maureen SHANNON, et al., Plaintiffs, v. PLEASANT VALLEY COMMUNITY LIVING ARRANGEMENTS, INC., Defendant. Civil Action No. 98-121J. United States District Court, W.D. Pennsylvania. January 27, 2000. Paul Puskar, Hollidaysburg, PA, for Plaintiffs. Roberta Binder Heath, Michael J. Wagner, Andrews & Wagner, Altoona, PA, for Defendant. MEMORANDUM OPINION and ORDER D. B...
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85 F. Supp. 2d 842 (2000) ZURICH INSURANCE COMPANY, Plaintiff, v. SUNCLIPSE, INC., Defendant. No. 98 C 1152. United States District Court, N.D. Illinois, Eastern Division. January 19, 2000. *843 *844 Ellen B. Van Vechten, Smith, Williams & Lodge, Chicago, IL, Marlene Ann Kurilla, Fred A. Smith, III, Frank Joseph Marsico, Sedgwick, Detert, Moran & Arnold, Chicago, IL, for Zurich Insurance ...
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80 F.Supp.2d 1280 (2000) AMERICAN MOTORISTS INSURANCE COMPANY, Plaintiff, v. SOUTHERN SECURITY LIFE INSURANCE COMPANY, Defendant/Counterclaim Plaintiff, v. American Motorists Insurance Company and United States Fidelity and Guaranty Company, Counterclaim Defendants. No. Civ.A. 98-C-960-N. United States District Court, M.D. Alabama, Northern Division. January 6, 2000. H.E. Nix, Jr., Steven A. Higg...
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*55 MEMORANDUM OPINION This class action involves charges of workplace gender discrimination against Smith Barney, Inc. and several of its officers. This court certified a settlement class and, in 1998, approved a settlement agreement between plaintiffs and the Smith Barney defendants (“Smith Barney”). Named plaintiffs Pamela K. Martens and Judith P. Mione opted out of the settlement before it w...
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MEMORANDUM AND ORDER U.S. Trustee Edward F. Towers appeals the bankruptcy court’s dismissal of his complaint. After carefully considering the papers filed by the parties, and having had the benefit of oral argument, the bankruptcy court is AFFIRMED. BACKGROUND Gary and Karen Boyd (“the Boyds”), debtors to a bankruptcy estate for which Edward F. Towers (“Towers”) served as tr...
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MEMORANDUM AND ORDER STATEMENT OF THE CASE This matter is before the Court on Defendants’ Motion to Dismiss the Plaintiffs’ Amended Complaint pursuant to Rules 12(b)(1) and 12(b)(6) of the Federal Rules of Civil Procedure. The defendants assert four bases for dismissal: (1) that this Court does not have jurisdiction under the Rooker-Feldman doctrine; (2) that this ...
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84 F.Supp.2d 1132 (2000) CIVIX-DDI, LLC, Plaintiff, v. MICROSOFT CORPORATION, Delorme Publishing Company, Inc., d/b/a Delorme Mapping Company, Infousa, Inc., Zip2 Corporation, Infoseek Corporation, Lycos, Inc., and Excite, Inc., Defendants. No. CIV.A. 99-B-172. United States District Court, D. Colorado. January 24, 2000. *1133 *1134 *1135 John Henry Schlie, Barry Alan Schwartz, Tucker K. Trautman...
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79 F. Supp. 2d 1230 (2000) Sam A. WALLACE, D.O., Ralph Holsworth, Jr., D.O., and Scott Russell, D.O., Plaintiffs, v. HEALTHONE, a Colorado nonprofit corporation, Defendant. No. Civ.A. 99-K-800. United States District Court, D. Colorado. January 25, 2000. Sherman Marek, Burke S. Gilbertson, Seawell, Gilbertson & Buckmelter, LLC, Denver, CO, Terry Wallace, Boulder, CO, for plaintiffs. Richard L...
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80 F.Supp.2d 1261 (2000) Virginia BROWN, Plaintiff, v. HOLY NAME CHURCH, A Wyoming Nonprofit Corporation, Defendant. No. 99-CV-096-J. United States District Court, D. Wyoming. January 20, 2000. *1262 *1263 *1264 Micheal K. Shoumaker, Broomfield, CO, for Virginia Brown, plaintiff. Paul J. Hickey, John Matthew Walker, Hickey Mackey Evans & Walker, Cheyenne, for Holy Name Church, defendant. ORD...
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MEMORANDUM OPINION AND ORDER Plaintiffs Jody Brammer-Hoelter, Laura Kilduff, Melissa Perry, Amy Sulzbach, Shelley Crews, and Bonnie Gould, former employees of Defendants Twin Peaks Charter Academy (“School”) and St. Vrain Valley School District RE-IJ (“School District”), bring claims under 42 U.S.C. § 1983 against the School, the School District, Brian Cox (former chairman of the Board of...
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RULING ON MOTION Before the court is a motion in limine filed on behalf of the defendant, Exxon Corporation (Exxon). Plaintiffs have filed an opposition. Jurisdiction is based upon 28 U.S.C. § 1332. Exxon has filed a motion in limine to exclude the opinion testimony of plaintiffs’ experts. In its motion, Exxon contends that the proposed testimony of plaintiffs’ experts is not admissi...
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MEMORANDUM AND ORDER WITH REGARD TO DEFENDANT NIRO, INC.’S MOTION TO COMPEL JOIN-DER OF REAL PARTY IN INTEREST PLAINTIFF OR TO DISMISS (Docket No. 22) Defendant Niro, Inc. (“Niro”) requests, in a motion joined by its co-defendant, Turbo-technology Services Corp. (“Turbotechnolo-gy”), that Plaintiff Agri-Mark, Inc. (“Agri-Mark”) be compelled to join Travelers Indemnity Company (“Travelers”) as a...
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*157ORDER This matter is before the court on (l)(i defendant’s motion to strike class allegations and (2) plaintiff Gladys Starks’s motion to voluntarily dismiss her action. Based on a review of the file, record, and proceedings herein, the court grants defendant’s motion and grants plaintiff Starks’s motion. BACKGROUND On November 5,1998, the Federal Judicial Panel on Multidistrict Litigation (“...
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81 F. Supp. 2d 937 (2000) Ricardo J. CARDENAS, Plaintiff, v. FIRE AND POLICE COMMISSION OF the CITY OF MILWAUKEE and City of Milwaukee, a municipal corporation, Defendants. No. Civ.A. 97-C-1238. United States District Court, E.D. Wisconsin. January 27, 2000. John F. Fuchs, Jennifer R. Dorow, Fuchs, Snow, O'Connell & DeStefanis, Milwaukee, WI, for plaintiff. Susan E. Lappen, Ass't City Att'y, ...
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82 F. Supp. 2d 574 (2000) Elizabeth A. MILLER, Plaintiff, v. CARELINK HEALTH PLANS, INC., Defendant. No. Civ.A. 2:99-0966. United States District Court, S.D. West Virginia, Charleston Division. January 21, 2000. *575 Keith Jones, Charleston, WV, Michael W. Carey and Pamela C. Deem, Carey, Scott & Douglas, Charleston, WV, for plaintiff. Stephen A. Weber, William F. Foster II, and Hannah B. Cur...
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81 F. Supp. 2d 657 (2000) Paul McCUTCHEON, et al., Plaintiffs, v. VALLEY RICH DAIRY, Defendant. No. Civ.A. 2:99-0926. United States District Court, S.D. West Virginia, Charleston Division. January 21, 2000. *658 Linda Garrett Dyer and Christopher S. Moorehead Garrett & Vaughan Summersville, WV, for plaintiffs. Michael F. Urbanski and James R. Creekmore Woods, Rogers & Hazelgrove Roanoke, ...
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80 F.Supp.2d 1026 (2000) Tammy L. MILLER, and Russell W. Miller, individually and as guardians for Dustan Gauley, Katie Gauley, Tabitha Miller, Nicholas Miller, and Brittany Miller, Plaintiffs, v. WOODHARBOR MOLDING & MILLWORKS, INC., Todd Piper, Curtis Lewerke, and Jon Lewerke, Defendants. No. C95-3079-MWB. United States District Court, N.D. Iowa, Central Division. January 18, 2000. *1027 Th...
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MEMORANDUM AND ORDER This matter is before the Court upon Defendants’ Motion to Dismiss. For the following reasons, the Court grants Defendants’ Motion in part and partially reserves Defendants’ Motion-for later determination. BACKGROUND Plaintiffs are health maintenance organizations (“HMO’s”) attempting to recoup health care costs they have incurred as a result of their member...
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MEMORANDUM-DECISION AND ORDER Presently before the Court is Defendants’ motion for partial summary judgment pursuant to Fed.R.Civ.P. 56. Though Plaintiffs’ memorandum of law in opposition to defendants motion for summary judgment is clearly in violation of the Local Rules for its excessive length, in the interest of justice to the individual Plaintiffs, we will accept the memorandum. 1 For ...
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DECISION AND ORDER At the close of the presentation of evidence in this case, before submission of the *421 matter to the jury, the parties made various motions for judgment as a matter of law pursuant to Rule 50(a) of the Federal Rules of Civil Procedure upon which the court reserved decision. Specifically, the plaintiffs moved for judgment as a matter of law on their claims under the New ...
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84 F.Supp.2d 322 (2000) Daniel SNOW, Plaintiff, v. VILLAGE OF CHATHAM; Michael McDowell, individually and in his official capacity as a police officer of the Village of Chatham Police Department; Juanita O'Rourke; Kevin P. O'Rourke; and Kevin J. Boehme, individually and in his official capacity as Chief of Police of the Village of Chatham Police Department, Defendants, Juanita O'Rourke and Kevin ...
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OPINION & ORDER Jeffrey Eisenberg has petitioned this Court pursuant to the Federal Arbitration Act, 9 U.S.C. §§ 1-16, to vacate in part an arbitration award dated July 20, 1999. Specifically, Eisenberg seeks to vacate that portion of the award that allegedly denied him “trailing commissions,” that is, commissions for certain income generated after termination of his employment by res...
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MEMORANDUM AND ORDER Presently before the Court is (i) the motion of Plaintiff Cedric Kushner Promotions, Ltd. (“CKP”) for a preliminary injunction in aid of arbitration and to file a supplemental complaint against Plaintiff Graciano Rocchigiani (“Rocchigiani”) and (ii) Rocchigiani’s motion to disqualify Scott N. Gelfand (“Gelfand”), individually, and Meister Seelig & Fein LLP (“MS ...
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*138 OPINION AND ORDER Plaintiff Gidatex, S.r.L. (“Gidatex”) sued Campaniello Imports, Ltd., Campaniello Imports of Florida, Ltd., and Campaniello Enterprises, Inc. (collectively “Campaniel-lo”) for violations of the Lanham Act, 15 U.S.C. §§ 1114(1) and 1125(a), common law trademark infringement, and common law unfair competition. Gidatex’s claims arose from Campaniello’s all...
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MEMORANDUM-DECISION & ORDER Before the Court is Petitioner Carly Jean-Philippe’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 June 18, 1996, Petitioner Carly Jean-Philippe was sentenced to a term of imprisonment of sixty (60) months after pleading guilty to one count o...
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MEMORANDUM-DECISION AND ORDER Introduction 1 It is an understatement to say that particularly in recent years the parties’ damage theories have been fluid. After *320 eighteen years of litigation and sporadic, unsuccessful negotiation attempts, faced with the harsh reality of a trial, in July, 1998, the parties made the first of several motions pertaining ...
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81 F. Supp. 2d 1372 (2000) Flemming RALK, Plaintiff, v. LINCOLN COUNTY, GEORGIA; Edwin L. Bentley, Individually and as Sheriff of Lincoln County, Georgia; David A. Sward, Individually and as Chief Jailer of the Lincoln County Jail; Dr. Robert Williams, Individually and as Physician for Lincoln County Jail; Mary Booker, Individually and as Chief Jailer of the Lincoln County Jail; John Doe 1, Indiv...
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MEMORANDUM OPINION Before me now is an appeal from a bankruptcy court order denying a motion to dismiss submitted by appellant University of Virginia (“UVA”). UVA, by and through the Commonwealth of Virginia (“Virginia”), argues that sovereign immunity bars the proceeding initiated against them in the bankruptcy court. The Attorney General of Virginia fully briefed the issue. The...
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131 F. Supp. 2d 959 (2000) BANK OF TOKYO-MITSUBISHI, LTD., Plaintiff, v. Vinay B. MALHOTRA, et al., Defendants. No. 99 C 2238. United States District Court, N.D. Illinois. January 20, 2000. *960 Carrie Kiger Huff, Thomas Alexander Lidbury, Mayer, Brown & Platt, Chicago, IL, for plaintiff. Edward Marvin Genson, Julianna Aviva Greenspan, Genson & Gillespie, Chicago, IL, Sally H. Saltzberg, ...
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84 F.Supp.2d 1113 (2000) JAMES P. and Lucille P., on their own behalves and on behalf of their minor son Robert P., Plaintiffs, v. Paul LEMAHIEU, in his official capacity as Superintendent of the Hawaii Public Schools; Robert Ginlack, in his official capacity as Principal of Mililani High School, Defendants. No. CV 99-00861 DAE-LEK. United States District Court, D. Hawaii. January 12, 2000. *1114...
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82 F. Supp. 2d 395 (2000) Robert WARREN, a minor By and Through Lori ORLANDO, his parent and natural guardian, Plaintiff, v. READING SCHOOL DISTRICT, Geraldina Sepulveda, in her individual and official capacity as Principal of the 10th and Green Elementary School, and James A. Goodhart, in his individual and official capacity as Superintendent of the Reading School District, Defendants. No. Civ.A...
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80 F.Supp.2d 948 (2000) Mahendra D. PATEL and Nila Patel, Plaintiffs, v. UNITED FIRE & CASUALTY COMPANY and Commercial Union Midwest Insurance Company, Defendants. No. 1:98:CV-0323. United States District Court, N.D. Indiana, Fort Wayne Division. January 25, 2000. *949 *950 John F. Lyons, Barrett and McNagny, Fort Wayne, IN, for John F. Lyons, mediator. Jack E. Roebel, Roebel and Associates, ...
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80 F.Supp.2d 326 (2000) Victorio V. VALDIVIA, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. CIV. 99-4339. United States District Court, D. New Jersey. January 24, 2000. *327 Victorio Valdivia, Batavia, NY, pro se. Robert Cleary, United States Attorney, James B. Clark, III, Assistant U.S. Attorney, Newark, NJ, for respondent. OPINION DEBEVOISE, Senior District Judge. Mr. ...
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OPINION Table of Contents I. Introduction. 480 II. Factual Background and Procedural History. 480 III. Discussion. 481 A. Motion to Dismiss Standard. 481 B. Defendants’Motion to Dismiss. 481 1. Plaintiffs’ Federal Statutory Claims. 481 a. Adoption Assistance Act and MPA. 482 i. Adoption Assistance Act. 482 1. right to pre-placement preventive s...
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OPINION Defendants, Cendant Corporation (“Cendant”), Ernst & Young LLP (“E & Y”), E. Kirk Shelton, Walter A. Forbes, and Christopher McLeod, move to dismiss the amended complaint filed against them by plaintiffs, Jan Wyatt, Randy Kupper, and Maria L. Rodriguez, on behalf of themselves and all others similarly situated. As stated in this Opinion, defendants’ motions are granted. Fac...
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80 F.Supp.2d 1137 (2000) GREENPEACE, American Oceans Campaign, and Sierra Club, Plaintiffs, v. NATIONAL MARINE FISHERIES SERVICE, and William M. Daley, in his official capacity as Secretary of the Department of Commerce, Defendants, At-Sea Processors Association, United Catcher Boats, Aleutians East Borough, and Westward Seafoods, Inc., et al., Intervenor-Defendants. No. C98-492Z. United States D...
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MEMORANDUM OPINION The complaint in this action alleges that defendant violated the Americans With Disabilities Act of 1990 (“ADA”) 1 when it terminated plaintiffs employment on January 29, 1993, allegedly by reason of her disability. Defendant The Chase Manhattan Bank, sued herein as Chemical/Chase Bank/Manhattan Bank, N.A. (“Chase”), moves for summary judgment dismissing the complaint. F...
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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 March 30, 1998. Defendants Howard Bidloff, Kevin Breg-man and Russell Bronson filed motions to dismiss the Indictment and to suppress the testimony of cooperating witnesses. Defendants Bidloff, Bregman and Bronson also filed motions for discovery and a bill of particulars, and the gove...
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MEMORANDUM — DECISION AND ORDER This action involves claims of bodily injury and property damage arising from the application of Defendant’s pesticide to Plaintiffs’ residence. Defendants removed the case from state court upon diversity grounds, and now seek to dismiss, or in the alternative, stay the action pursuant to the Federal Arbitration Act, 9 U.S.C. §§ 3, 4 (“FAA”). Plaintiffs’ in...
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84 F.Supp.2d 455 (2000) Cynthia MAURIZIO, Plaintiff, v. Olivia GOLDSMITH, a/k/a Justine Rendal, a/k/a Randi J. Goldfield, Defendant. No. 96 Civ. 4332(LMM). United States District Court, S.D. New York. January 26, 2000. *456 *457 Robert C. Osterberg, Jeffrey A. Schwab, Nancy J. Mertzel, Abelman, Frayne & Schwab, New York City, for plaintiff. Howard J. Schwartz, Cynthia Dreeman, Porzia, Bromber...
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79 F. Supp. 2d 765 (2000) Nina Schroder MAGNESS, et al., Plaintiffs, v. RUSSIAN FEDERATION, et al., Defendants. No. Civ.A.97-2498. United States District Court, S.D. Texas, Houston Division. January 12, 2000. Lynne Liberato, Alene Ross Levy, Haynes and Boone, L.L.P., Houston, TX, Daniel B. Nelson, Livingston, Nelson & Smitler, Houston, TX, for plaintiffs. Brendan D. Cook, Verner Liipfert Bern...
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MEMORANDUM — DECISION & ORDER Plaintiff Christopher Ditullio, a police officer with the Village of Massena Police Department, commenced the instant litigation against Defendant Village of Massena (“Massena”) claiming violations of the Americans with Disabilities Act, 42 U.S.C. § 12101, et. seq. (“ADA”), and N.Y.ExeC. Law § 290, et. seq. (the “Human Rights Law” or “HRL”). Plaintiff alleges...
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MEMORANDUM OPINION AND ORDER Plaintiff Deborah L. Oliva claims that she was discriminated against and terminated on the basis of her sex and disability *908 in violation of the Americans with Disabilities Act, 42 U.S.C. § 12112 and Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-5 et seq. Defendants move for summary judgment on both counts, which I deny with ...
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82 F. Supp. 2d 892 (2000) Michael PERRY, Plaintiff, v. COMMUNITY ACTION SERVICES, Defendant. No. 98 C 5174. United States District Court, N.D. Illinois, Eastern Division. January 26, 2000. *893 Timothy M. Nolan, Nolan Law Office, Chicago, IL, for Plaintiff. Teresa C. Kopriva, Querry & Harrow, Ltd., Chicago, IL, for Defendant. MEMORANDUM OPINION AND ORDER BUCKLO, District Judge. Plaintiff ent...
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82 F.Supp.2d 1098 (2000) In re INDEFINITE DETENTION CASES. No. CV 98-674 TJH (JWJX). United States District Court, C.D. California, Western Division. January 27, 2000. *1099 Maria E. Stratton, Federal Public Defender, David S. McLane, Deputy Federal Public Defender, Robert Boyle, Deputy Federal Public Defender, Los Angeles, CA, for Petitioners. Alejandro N. Mayorkas, United States Attorney, Leon ...
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ORDER PARTIALLY GRANTING AND DENYING MOTION TO DISMISS THIS CAUSE came before the Court on defendants’ motion to dismiss. [DE 37] Plaintiff has responded and the defendants have replied. Oral argument was heard in open court on January 13, 2000. This motion is ripe for adjudication. I. BACKGROUND On October 12, 1998, plaintiff Herbert Crowell (“Crowell”) filed a complaint in...
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MEMORANDUM OPINION AND ORDER In this case involving a motion to suppress the fruit of a warrantless commercial vehicle regulatory inspection, the court holds that the stop was justified at its inception, and that running a warrant check on the driver was reasonably related in scope to the circumstances that justified the interference, because doing so did not extend what would otherwi...
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ORDER This matter is before the Court on Plaintiffs motion in limine to exclude any reference to Roy J. Mercurio’s consumption of alcohol on the night of his automobile accident. On January 27, 2000, the Court directed Plaintiff to file a reply to Defendants’ opposition on or before January 31, 2000. For the following reasons, and in light of the proximity of the trial date...
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OPINION Plaintiffs Jay H. Koppel and Arnold E. Greenberg (“plaintiffs”) move for class certification in their actions against defendants Garment Capitol Associates (“Associates”),1 4987 Corporation, 498 Seventh Avenue Associates, Wien, Malkin & Bettex (“WMB”), Pe*363ter L. Malkin, Stanley Katzman, John L. Loehr, Martin D. Newman, and Donald A. Bettex2 (collectively “defendants”). Plaintiffs are...
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MEMORANDUM DECISION ON APPEAL Debtor/Appellant Pacific Rim Investments, LLP (Pacific Rim) appeals the July 8, 1999 oral ruling by Bankruptcy Judge Donald E. Cordova granting Appellee Or-iam, LLC (Oriam) relief from the automatic stay and dismissing the Chapter 11 bankruptcy case. Pacific Rim argues the bankruptcy court erred: (1) in finding the doctrine of “bad faith” is an element of “ca...
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OPINION AND ORDER This is a diversity contract action arising out of a high-yield debt instrument. On May 6, 1998, plaintiff Chase Manhattan Bank (“Chase”), acting as Trustee, and defendant Traffic Stream (BVI) Infrastructure Limited (“Traffic Stream”) entered into an Indenture Agreement (the “Indenture”) pursuant to which defendant issued 14/4 percent Senior Secured Notes (the “Notes...
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81 F. Supp. 2d 331 (2000) FAJARDO SHOPPING CENTER, S.E., Plaintiff, v. SUN ALLIANCE INSURANCE COMPANY OF PUERTO RICO, et al, Defendants. No. 93-1298(SEC). United States District Court, D. Puerto Rico. January 27, 2000. *332 Edward M. Borges, Borges Law Center, PSC, San Juan, PR, Luis E. Gonzalez-Ortiz and David Rive-Power, O'Neill & Borges, San Juan, PR, for plaintiff. Luis A. Gonzalez-Perez,...
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80 F.Supp.2d 211 (2000) OMYA, INC., Plaintiff, v. State of VERMONT, Vermont Environmental Board, et al., Defendants. No. 2:99-CV-180. United States District Court, D. Vermont. January 21, 2000. *212 *213 Peter Welles Hall, Reiber, Kenlan, Schwiebert, Hall & Facey, Edward Vanderveer Schwiebert, Reiber, Kenlan, Schwiebert, Hall & Facey, Rutland, VT, for OMYA, Inc., plaintiff. Mark J. Di Ste...
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81 F. Supp. 2d 834 (2000) GRAND KENSINGTON, LLC, a Michigan limited liability corporation, Grand Kensington Sandusky, Inc., a Michigan corporation, Joseph A. Colyer and Candice Kutey, Plaintiffs, v. BURGER KING CORPORATION, a Florida Corporation, Defendant. No. 99-CV-73038-DT. United States District Court, E.D. Michigan, Southern Division. February 1, 2000. *835 David H. Oermann, Norman N. Yatoom...
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OPINION AND ORDER GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT I. INTRODUCTION Plaintiff Kevin Mercure commenced this suit on January 26, 1999, in Wayne County Circuit Court, State of Michigan, asserting various federal constitutional and state-law claims arising from his discharge as a police officer for Defendant Van Burén Township (the “Township”). Among other clai...
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82 F. Supp. 2d 1052 (2000) Paul DUNLAP, Plaintiff, v. Katie HILGENKAMP, LaDonna Shippen, in her individual capacity, Roberta Stick, Dr. Edward M. Stringham, Child Guidance Center, Karen Dunlap, Legal Services of Southeast Nebraska, Defendants. No. 4:98CV3341. United States District Court, D. Nebraska. January 25, 2000. James A. Mullen, Lefler, Mullen Law Firm, Omaha, NE, for plaintiff. Mary C. Ga...
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82 F. Supp. 2d 580 (2000) CENTURY ALUMINUM OF WEST VIRGINIA, INC., Plaintiff, v. UNITED STEELWORKERS OF AMERICA, et al., Defendants. No. Civ.A. 2:99-0728. United States District Court, S.D. West Virginia, Charleston Division. January 28, 2000. *581 Ricklin Brown, John R. Teare, Jr. and Holly M. McClanahan, Bowles, Rice, McDavid, Graff & Love, Charleston, WV, for plaintiff. James M. Haviland; ...
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OPINION AND ORDER I. INTRODUCTION The Court has before it Plaintiffs’ motion to compel production of documents against Defendant Kmart (docket No. 38); Defendant’s opposition thereto (docket No. 49); Plaintiffs’ Motion to supplement its motion to compel (docket No. 52); and Defendant’s opposition thereto (docket No. 54). During the Pretrial Conference held on January 19, 2000, the Court ordered D...
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84 F. Supp. 2d 180 (2000) LORILLARD TOBACCO CO., R.J. Reynolds Tobacco Co., Philip Morris Inc., Brown & Williamson Tobacco Corp., and United States Tobacco Co., Plaintiffs, v. Thomas REILLY, in his official capacity as Attorney General of Massachusetts, Defendant. Consolidated Cigar Corp.,; General Cigar Co., Inc.; Havatampa, Inc.; John Middleton, Inc.; L.J. Peretti Co., Inc; Swedish Match No...
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81 F. Supp. 2d 316 (2000) Zoilo VELAZQUEZ RIVERA, Plaintiff, v. Richard J. DANZIG, et al., Defendant. No. Civ. 99-1013(JP). United States District Court, D. Puerto Rico. January 24, 2000. *317 *318 Gino Negretti-Lavergne, San Juan, P.R., for plaintiff. Lilliam E. Mendoza-Toro, U.S. Attorney's Office, District of P.R., Civil Division, Hato Rey, P.R., for defendant. OPINION AND ORDER PIERAS, Distr...
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81 F. Supp. 2d 712 (2000) Allen LEE, Diana Lee, Plaintiffs, v. COMMISSIONERS' COURT OF JEFFERSON COUNTY, TEXAS, Defendant. No. C.A. 1:00-CV-48. United States District Court, E.D. Texas, Beaumont Division. January 28, 2000. *713 Allen Lee, Beaumont, TX, plaintiff pro se. J. Thad Heartfield, Patrick Connell McGinnis, Heartfield & McGinnis, Beaumont, TX, for defendant. MEMORANDUM OPINION JOE J....
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82 F. Supp. 2d 626 (2000) Mitchel and Sheri CRICCHIO; John and Connie Locke; and Gordon and Sally Yoast v. Alan DYCKMAN, Individually and as Employee and Agent of Northeast Securities, Inc., et. al. No. 1:99CV442. United States District Court, E.D. Texas, Beaumont Division. January 14, 2000. *627 Deborah Breen Junek, Gwinn & Roby, Dallas, TX, for plaintiff. Alan Dyckman, pro se, St Petersburg...
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81 F. Supp. 2d 707 (2000) H.W. "Butch" HORTON v. NACOGDOCHES INDEPENDENT SCHOOL DISTRICT. No. 9:99CV79. United States District Court, E.D. Texas, Lufkin Division. January 12, 2000. *708 H.W. "Butch" Horton, Nacogdoches, TX, plaintiff pro se. John J. Durkay, Mehaffy & Weber, Beaumont, TX, for trustee in Bankruptcy. Edmund McAlistair Benchoff, Benchoff and Benchoff, Nacogdoches, TX, Snow E Bush...
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92 F.Supp.2d 574 (2000) NIPPON FIRE & MARINE INSURANCE CO. v. M/V SPRING WAVE, Barge WTT-8305B, et al. Civil Action No. 99-2618. United States District Court, E.D. Louisiana. January 31, 2000. Francis A. Courtenay, Jr., Donald J. Volpi, Jr., Philip S. Brooks, Jr., Courtenay, Forstall, Hunter & Fontana, New Orleans, LA, John Francis Fay, Jr., Deutsch, Kerrigan & Stiles, New Orleans, LA...
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ORDER This matter is before the Court on Defendants’ Motion to Disqualify Counsel for Plaintiffs (doc. 31); Plaintiffs’ Response (doc. 35); and Defendants’ Reply (doc. 38). BACKGROUND On February 27, 1998, Plaintiffs Andrew Hamrick, Bruce Keaton, Deborah Lovins-Vance, and Melissa Ross (hereinafter, collectively referred to as “Plaintiffs”) filed suit against Defendants Union Tow...
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80 F. Supp. 2d 1009 (2000) CELITE S.A. INDUSTRIA E COMERCIO, Plaintiff, v. STERLING PLUMBING GROUP, INC., and the Kohler Company, Defendants. No. Civ.A. 97-C-1151. United States District Court, E.D. Wisconsin. January 28, 2000. Nolan C. Leake, King & Spalding, Atlanta, GA, John E. Machulak, Susan R. Robertson, Machulak, Hutchinson, Robertson, O'Dess & Reilly, Milwaukee, WI, for plaintiff....
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82 F. Supp. 2d 735 (2000) Joshua MASSEY, et al., Joseph Labay, et al., Brian Devericks, et al., Plaintiffs, v. AKRON CITY BOARD OF EDUCATION, et al., Defendants. Nos. 5:99-CV-1350, 5:99-CV-1351, 5:99-CV-1996. United States District Court, N.D. Ohio, Eastern Division. January 19, 2000. *736 *737 Jack Landskroner, William Lucas, Landskroner Law Firm, Cleveland, OH, for plaintiffs. Michelle P. Stron...
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82 F. Supp. 2d 619 (2000) D.P.D. INVESTMENTS, d/b/a Peepers Adult Bookstop, Plaintiff, v. The CITY OF BEAUMONT and Tom Scofield, Chief of Police City of Beaumont Police Department, Defendants. and Schwartz Investments, Inc. d/b/a The Oasis, Plaintiff, v. Jefferson County, Texas and The Honorable Mitch Woods, Jefferson County Sheriff, Defendants. Nos. Civ.A. 1:99CV534, Civ.A.1:99CV533. United Stat...
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82 F. Supp. 2d 1379 (2000) AGRICREDIT ACCEPTANCE, LLC, Plaintiff, v. Thomas Gary HENDRIX, Hohenberg Bros. Co., Loeb & Company, Inc., The Montgomery Company, Inc., Collins Bonded Warehouse, Inc., Candler Gin & Warehouse, Inc., Goldkist, Inc. d/b/a Goldkist Cotton Warehouse, Growers Gin and Warehouse, Inc., Savannah River Cotton Co., Inc., and Cottage Hill Trading Co., Inc., Defendants. No....
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OPINION Brand names — trademarks—are pervasive in modem business. Frequently, however, the business carried out under those marks is conducted by licensees pursuant to relationships in which the licensee benefits from the goodwill and consumer recognition of the licensed trademark while the licensor benefits from the capital investment and entrepreneurial skills of the licensee. A li...
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MEMORANDUM OPINION This case is another step in the evolution of the law of copyright occasioned by advances in technology. Plaintiff motion picture studios brought this action to enjoin defendants from providing a computer program on their Internet Web sites that permits users to decrypt and copy plaintiffs’ copyrighted motion pictures from digital versatile disks (“DVDs”). They rely on ...
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MEMORANDUM OF DECISION AND ORDER The plaintiff, Diana Benincasa (“Benin-casa” or the “plaintiff’) commenced this action against her former employer, National Financial Systems, Inc. (“NFS”), Robert Barbarello. (“Barbarello”) the owner of NFS, and Robert Hernandez (“Hernandez”) a supervisor and now part-owner of NFS (collectively, the “defendants”) on October 4,1995 by filing a complai...
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ORDER Presently before the Court are two appeals by the pro se Debtor, Shay Liber-man, from orders in the Bankruptcy Court for the Eastern District of New York denying his requests to void a lien on his home under 11 U.S.C. § 522(f), granting Creditor Citibank, N.A. relief from the automatic stay, and dismissing Liberman’s Chapter 13 petitions. The events at issue are diff...
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84 F. Supp. 2d 447 (2000) SECURITIES AND EXCHANGE COMMISSION, Plaintiff, v. PRINCETON ECONOMIC INTERNATIONAL LTD., Princeton Global Management Ltd. and Martin A. Armstrong, Defendants. Commodities Futures Trading Commission, Plaintiff, v. Princeton Economic International Ltd., Princeton Global Management Ltd. and Martin A. Armstrong, Defendants. No. 99 CIV. 9667, 99 CIV. 9669. United States Distr...
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MEMORANDUM This is an appeal brought by the Internal Revenue Service (“Service”) from an order entered by the United States Bankruptcy Court for the Middle District of Tennessee on December 15,1998. 1 In that order, the Bankruptcy Court disallowed claims asserted by the Service in three separate Chapter 13 cases because proof of the claims was made after the 180-day statuto...
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81 F. Supp. 2d 1122 (2000) BRAINTREE LABORATORIES, INC., Plaintiff, v. NEPHRO-TECH, INC. and G.P. Georges III, Defendants. No. 96-2459-JWL. United States District Court, D. Kansas. January 7, 2000. *1123 *1124 *1125 Craig T. Kenworthy, Swanson Midgley, LLC, Kansas City, MO, Arthur A. Smith, Jr., Boston, MA, Thomas D. Henteleff, Prescott M. Lassman, Kleinfeld, Kaplan and Becker, Washington, DC, fo...
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MEMORANDUM OPINION AND ORDER In this somewhat unusual Title VII retaliation case, the plaintiff sued on the grounds that the employer whom she accuses of retaliation allegedly got her fired from a subsequent job because she had initiated a discrimination charge at her previous job two years before. Despite denying the factual accuracy of the key piece of evidence in the case, the Village of D...
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122 F. Supp. 2d 907 (2000) UNITED STATES of America, plaintiff, v. Marsden J. LINK, Jr., Defendant. No. 99 CR 153. United States District Court, N.D. Illinois, Eastern Division. February 1, 2000. Brian R. Havey, U.S. Attorney's Office, Chicago, IL, for U.S. Mitchell D. Kreiter, Thomas A. Gibbons, Michael E. Benz, Kreiter & Gibbons & Associates, Chicago, IL, for defendant. MEMORANDUM OPIN...
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MEMORANDUM OPINION AND ORDER In this action under 42 U.S.C. § 1983, plaintiff James Klein claims th,at he was wrongfully beaten by Edward Vanek, a Chicago police officer, on July 9, 1995. The Court previously denied Vanek’s motion for summary judgment. Klein v. Vanek, No. 96 C 5834, 1999 WL 966968 (N.D.Ill. Oct. 5, 1999). The case is set for trial on January 31, 2000. At the final pretrial ...
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MEMORANDUM AND ORDER Plaintiff West American Insurance Company (West American) seeks to resolve whether it had a duty to defend defendant Moonlight Design, Inc. (Moonlight), its insured, in a copyright infringement lawsuit filed in New York. Both plaintiff and defendant have moved for a judgment on the pleadings. We hold that a duty to defend existed under the insurance policy and the...
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OPINION AND ORDER The matters before the court are the first motion to compel production of documents (# 154) and the second motion to compel production of documents (# 161) filed by plaintiff-counterclaim defendant Interstellar Starship Services, Limited and counterclaim defendant Michael R. Tchou. BACKGROUND On January 21, 1997, the plaintiffs, Interstellar Starship Services, Limited and Michael...
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82 F.Supp.2d 1299 (2000) Bradley MILLER, Plaintiff, v. KENWORTH OF DOTHAN, INC., Defendant. No. CIV. A. 98-D-1063-S. United States District Court, M.D. Alabama, Southern Division. January 10, 2000. *1300 *1301 Banks T. Smith, Mark A. Jones, Dothan, AL, for Plaintiff. David B. Anderson, David B. Walston, Birmingham, AL, for Defendant. MEMORANDUM OPINION DE MENT, District Judge. Before the court i...
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84 F.Supp.2d 1317 (2000) T BACKS CLUB, INC., et al., Plaintiffs, v. Jimmy SEATON, et al., Defendants. No. Civ.A. 99-D-1140-S. United States District Court, M.D. Alabama, Southern Division. January 5, 2000. *1318 *1319 J. David Robinson, Daleville, AL, for plaintiff. Henry B. Steagall, III, Ozark, AL, for defendant. MEMORANDUM OPINION AND ORDER DE MENT, District Judge. Before the court is Plainti...
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82 F. Supp. 2d 1159 (2000) UNITED STATES of America, Plaintiff, v. ONE THOMPSON/CENTER ARMS, CONTENDER BARREL ASSEMBLY (Modified With Drilled Holes, in .22LR Caliber as an Interchangeable Component Part of a Silencer), in rem, Defendant. No. CIV. 99-438-FR. United States District Court, D. Oregon. January 26, 2000. Kristine Olson, United States Attorney, Leslie J. Westphal, Assistant United State...
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81 F. Supp. 2d 352 (2000) HONEY DEW ASSOCIATES, INC. and Bowen Investment, Inc., Plaintiffs, v. M & K FOOD CORPORATION, Irwin Kay, and Adele Kay, Defendants. No. 98-175L. United States District Court, D. Rhode Island. January 31, 2000. *353 Charles D. Wick, Pearlman & Wick, Providence, RI, Scott I. Wolf, Jack Mikels & Associates, Boston, MA, for plaintiffs. Irving Brodsky, Providence,...
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81 F. Supp. 2d 930 (2000) Charles LAWSON, Plaintiff, v. CITY OF KANKAKEE, ILLINOIS, a municipal corporation, and Gary Hammond, in his capacity as Superintendent of the Department of Public Works of the City of Kankakee, Defendants. No. 99-2310. United States District Court, C.D. Illinois, Danville/Urbana Division. January 31, 2000. *931 Charles Ruch, Jr., Kankakee, IL, for plaintiff. Christopher ...
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82 F. Supp. 2d 887 (2000) LIBERTY MUTUAL FIRE INSURANCE COMPANY, a foreign corporation, Plaintiff, v. REIMER EXPRESS ENTERPRISES, LTD., n/k/a Reimer Express World Corp., a Canadian corporation, and 241197, Inc, f/k/a Pals Express, Inc., and d/b/a Pals Cartage Co. Defendants. No. 99 C 1197. United States District Court, N.D. Illinois, Eastern Division. January 25, 2000. *888 Loren S. Cohen, Wilson...
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82 F.Supp.2d 898 (2000) I.M. HOFMANN, Plaintiff, v. John HAMMACK or Ceo Unisys Health Management Insurance, Defendants. No. 98 C 3453. United States District Court, N.D. Illinois, Eastern Division. January 27, 2000. *899 Donald J. Nolan, Nolan Law Group, Chicago, IL, for Plaintiff. Cathleen R. Martwick, Assistant U.S. Attorney, Chicago, IL, for Defendant. MEMORANDUM OPINION AND ORDER BUCKLO, Dis...
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84 F. Supp. 2d 1334 (2000) Artie Mae JETER, Plaintiff, v. ORKIN EXTERMINATING CO., et al., Defendants. No. CIV.A. 99-D-608-E. United States District Court, M.D. Alabama, Eastern Division. January 5, 2000. *1335 L. Andrew Hollis, Jr., Steven W. Couch, Birmingham, AL, Rufus R. Smith, Jr., Dothan, John M. Rediker, Birmingham, AL, Lexa E. Dowling, Dothan, AL, Jack M. Smith Tuskegee, for Plaintiff. Mi...
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82 F. Supp. 2d 1190 (2000) Charles E. BEERHEIDE, Sheldon Perlman, and Allen Isaac Fistell, Plaintiffs, v. John W. SUTHERS, Executive Director, Colorado Department of Corrections; Gerald M. Gasko, Deputy Director, Colorado Department of Corrections; Dona Zavislan, Food Service Administrator, Colorado Department of Corrections; Lee Hendrix, Volunteer Service Coordinator, Colorado Department of Corr...
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82 F. Supp. 2d 1288 (2000) Cleveland BARRON, et al., Plaintiffs, v. TRANS UNION CORP., Defendant. No. Civ.A. 98-D-704-N. United States District Court, M.D. Alabama, Northern Division. January 3, 2000. *1289 *1290 Jeffery C. Duffey, Montgomery, AL, for plaintiffs. Joseph A. Fawal, Birmingham, AL, Thomas J. Spina, Birmingham, AL, Bruce S. Luckman, Mark E. Kogan, Timothy P. Creech, Philadelphia, PA,...
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MEMORANDUM OPINION AND ORDER The district court1 dismissed William Payton’s 42 U.S.C. § 1983 claims on the defendants’2 12(b)(6) motion because, the court held, Payton failed to meet a heightened pleading standard. The Seventh Circuit reversed, stating that no heightened pleading requirement exists. Payton v. Rush-Presbyterian-St. Luke’s Med. Center, 184 F.3d 623, 627 (7th Cir.1999). The defend...
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81 F. Supp. 2d 1257 (2000) Mark JORDAN, Plaintiff, v. WAREHOUSE SERVICES, INC., Defendant. No. Civ.A. 98-D-1001-N. United States District Court, M.D. Alabama, Northern Division. January 18, 2000. *1258 *1259 Thomas D. Simon, Montgomery, AL, Valerie M. Smedley, Montgomery, AL, for plaintiff. Thomas S. Lawson, Jr., Barbara J. Gilbert, Montgomery, AL, Melvin R. Hutson, Greenville, SC, for defendant....
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MEMORANDUM OPINION AND ORDER This matter is before the Court on Defendants’ motion for abstention, or in the alternative for summary judgment [Record No. 28]. Plaintiff has failed to respond. This matter is now ripe for decision. The Court makes the following findings of fact and conclusions of law. FINDINGS OF FACT Plaintiff is a former elementary school teacher with the Shelby County sc...
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MEMORANDUM OPINION AND ORDER This matter comes before the Court upon Magistrate Judge Patricia A. He-mann’s Report and Recommendation (Document # 40) issued August 17, 1999. The Magistrate Judge recommended Plaintiffs’ Cross-Motion for Partial Summary Judgment be granted in part and overruled in part and Defendant’s Motion for Summary Judgment- be granted in part and overruled in .part. F...
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MEMORANDUM Presently before the Court is an appeal of plaintiffs Ronald A. Katz Technology Licensing, L.P. (“RAKTL”) and MCI Telecommunications Corporation (“MCI”) from the Report and Order of the Special Master of May 13, 1999 (Document No. 150, “Objections to the Report and Order of the Special Master”), the response of defendants AT & T Corporation, Universal Card Services Corporation and AT...
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81 F. Supp. 2d 655 (2000) Dewey Stanley KEENE and Delores Keene, Plaintiffs, v. Stevie Joe YATES, Defendant. No. 1:99CV00032. United States District Court, W.D. Virginia, Abingdon Division. February 3, 2000. Carl E. McAfee, McAfee Law Firm, P.C., Norton, VA, for plaintiffs. Travelers Indemnity Co. of Illinois, Howard C. McElroy, Bundy, McElroy & Hodges, Abingdon, VA, for defendant. OPINION A...
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MEMORANDUM OPINION AND ORDER This case involves interpretation of the Randolph-Sheppard Act (the “Act”) and its applicability to appropriated fund contracts for military mess hall services. See 20 U.S.C.A. §§ 107-107Í (West 2000). Currently, seven third-party applicants (“Applicants” or “Intervenors”) seek intervention on behalf of Defendants in an effort to establish adequate representation for...
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80 F.Supp.2d 437 (2000) John and Mary DOE, Plaintiffs, v. COUNTY OF CENTRE, et al., Defendants. No. 4:CV-99-0683. United States District Court, M.D. Pennsylvania. February 1, 2000. *438 Stefan Presser, Legal Director, American Civil Liberties Union of PA, Philadelphia, PA, Matthew M. Gutt, Carl G. Roberts, Ballard, Spahr, Andrews & Ingersoll, Philadelphia, PA, for plaintiffs. Gerald J. Geiger...
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80 F.Supp.2d 1365 (2000) Darlene SHERMAN, on behalf of and as next friend to Lakisha Sherman, Plaintiff, v. Tim HELMS, individually and in his official capacity as Washington Middle School principal, Charles M. Fuller, individually and in his official capacity as Washington Middle School assistant principal, Willie James Parker, Jr., individually and in his official capacity as Washington Middle ...
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OPINION AND ORDER In this medical malpractice action, the defendant has moved to strike the ad damnum clause of the plaintiffs complaint because it seeks damages in excess of the Virginia statutory cap and to strike the claim for punitive damages on the ground that it is factually insufficient. I will grant the motion as to the ad damnum but deny it as to the claim for punitive damages. I The pla...
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84 F.Supp.2d 1086 (2000) ADOBE SYSTEMS INCORPORATED, a Delaware corporation, Plaintiff, v. ONE STOP MICRO, INC. dba Signal Computing, a New Jersey corporation, et al., Defendants. No. C 97-20980 JW. United States District Court, N.D. California. February 2, 2000. *1087 Ian Feinberg, Gray Cary Ware & Freidenrich, Palo Alto, CA, for plaintiff. Charles Lee Thomason, Thomason & Moser, Red Ban...
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85 F. Supp. 2d 1 (2000) UNITED STATES of America v. Carl COOPER, Defendant. No. Crim. 99-0266 (JHG). United States District Court, District of Columbia. February 1, 2000. *2 *3 *4 Steven R. Kiersh, Washington, DC, Francis Darron Carter, Washington, DC, for Carl Cooper, defendant. Kenneth Leonard Wainstein, U.S. Attorney's Office, Washington, DC, for U.S. *5 MEMORANDUM OPINION AND ORDER JOYCE H...
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84 F. Supp. 2d 492 (2000) Edward J. CONBOY, Eileen M. Conboy Individually and On Behalf of All Others Similarly Situated, Plaintiffs, v. AT & T CORP., and AT & T Universal Card Services Corp., Defendants. No. 99 Civ. 0360(RJW). United States District Court, S.D. New York. February 4, 2000. *493 *494 *495 Rossbacher & Associates, Los Angeles, CA by Henry H. Rossbacher, James S. Cahill,...
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OPINION AND ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF’S AND DEFENDANTS’ MOTIONS FOR SUMMARY JUDGMENT Plaintiff Jack Kirby, doing business as USSA Corporation (“USSA”), asserts the following claims against Defendants Coastal Sales Association (“CSA”), International Strategic Alliances, Inc., and Retail Strategic Alliances, Inc.: (1) breach of a 1996 written contract between CSA ...
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OPINION In this civil rights action, Plaintiffs Al-eñe and Thomas Papp bring claims under 42 U.S.C. § 1983 and § 1985, as well as related state-law claims, against Defendant Steven Snyder, Defendant City of Akron, Defendant City of Akron Police Department, and Defendant Edward Irvine, the City’s police chief. The plaintiffs say Defendant Snyder, an Akron police officer, used excessive for...
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82 F. Supp. 2d 1312 (2000) Kenneth SEALES, et al., Plaintiffs, v. The AMOCO CORPORATION, et al., Defendants. No. Civ.A. 97-C-1197-N. United States District Court, M.D. Alabama, Southern Division. January 28, 2000. *1313 *1314 George C. Longshore, Birmingham, AL, for plaintiffs. David J. Middlebrooks, Lehr, Middlebrooks, Price & Proctor, P.C., Birmingham, AL, Wilber H. Boies, Michael Glackin, ...
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MEMORANDUM Petitioner Kami Lee Anthony, a Maryland inmate, instituted this action pursuant to 28 U.S.C. § 2254 challenging her conviction and sentence for conspiracy to distribute cocaine. 1 The state has answered the petition, inter alia, through the timely invocation of the procedural default doctrine. As the court is persuaded that the procedural default doctrine ...
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82 F. Supp. 2d 410 (2000) UNITED STATES of America, v. Antonio SCULCO and Jason Frank Borelli. Nos. 99-00381-01, 99-00381-02. United States District Court, E.D. Pennsylvania. February 3, 2000. *411 *412 David E. Troyer, Asst. U.S. Atty., Philadelphia, PA, for U.S. Joseph N. Bongiovanni, Philadelphia, PA, for Antonio Sculco. Michael E. Wallace, Philadelphia, PA, for Jason Frank Borelli. OPINION A...
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MEMORANDUM AND ORDER Plaintiff Choice Hotels International, Inc. (“Choice”) brought this lawsuit against Defendant David Miller (“Miller”) and Defendant Pennave Associates, Inc. (“Pennave”)1 for federal trademark infringement, federal unfair competition, false designation and description, misappropriation of advertising ideas or style of doing business, common law trademark infringement and unf...
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ORDER AND MEMORANDUM ORDER AND NOW, to wit, this 7th day of February, 2000, upon consideration of the Motion for Suppression of Evidence (Doc. No. 10, filed October 26, 1999) filed by defendant Richard Patrick McGrath, a/k/a Patricia McGrath; the Government’s Opposition to the Defendant’s Motion (Doc. No. 17, filed November 5, 1999); and following a Hearing and Oral Argument on Novemb...
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80 F.Supp.2d 1229 (2000) Adriana VILLA and Juan Villa, minor children, By and Through their conservator and natural mother, Armida VILLA, Plaintiffs, v. Tommie ROBERTS, a/k/a Tom Roberts, Defendant. No. 98-1384-JTM. United States District Court, D. Kansas. January 7, 2000. *1230 William J. Graybill, Graybill & Witcher, Elkhart, KS, for Armida Villa. Brian C. Wright, Lewis M. Reagan, Turner &a...
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82 F. Supp. 2d 1216 (2000) David TESMER and, Linda Tesmer, Plaintiffs, v. ALLIED VAN LINES, INC. and Ehmke Movers, Inc., Defendants. No. 99-1320-JTM. United States District Court, D. Kansas. January 12, 2000. Loren H. Houk, Wichita, KS, for David Tesmer, Linda Tesmer. David L. Bosman, Robert J. E. Edwards, Polsinelli, White, Vardeman & Shalton, Kansas City, MO, for Allied Van Lines, Inc., Ehm...
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82 F. Supp. 2d 1220 (2000) AETNA HEALTH MANAGEMENT, INC., Plaintiff, v. MID-AMERICA HEALTH NETWORK, INC., and HealthNet, Inc., Defendants. No. 97-2332-JTM. United States District Court, D. Kansas. January 24, 2000. John K. Power, Husch & Eppenberger, Kansas City, MO, Joseph H. Knittig, Husch & Eppenberger, LLC, Overland Park, KS, for Aetna Health Management, Inc. Douglas S. Laird, Robert ...
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MEMORANDUM ORDER The defendant in this employment discrimination action, HCA Wesley Rehabilitation Hospital, has moved for summary judgment. Plaintiff Terri M. Slattery has filed a response. The court has reviewed the pleadings and is prepared to rule. For the reasons stated herein, the court finds that defendant’s motion must be granted. Summary judgment is proper where the pleadings, deposi...
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MEMORANDUM AND ORDER Plaintiff filed this lawsuit against defendant alleging breach of an employment agreement and tortious interference with contractual or business relations. The case is before the court on plaintiffs motion for preliminary injunction (Doc. 2). Plaintiff seeks to enjoin defendant from directly or indirectly suggesting, advising, or attempting to persuade any person,...
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82 F. Supp. 2d 442 (2000) UNITED STATES of America, Plaintiff, v. John TUTEIN, Defendant. No. 1999-303. District Court, Virgin Islands, D. St. Thomas and St. John. February 1, 2000. *443 Curtis V. Gomez, Assistant United States Attorney, St. Thomas, U.S.V.I., for the plaintiff. Treston E. Moore, St. Thomas, U.S.V.I., for the defendant. MEMORANDUM MOORE, District Judge. At a hearing held on Decem...
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82 F.Supp.2d 723 (2000) Cheryl RUFFIN-STEINBACK, individually and in her capacity as Personal Representative of the Estate of Davis E. Ruffin, p/k/a David Ruffin, Nedra Ruffin, Kimberly Bogan, David Ruffin, Jr., Earline Ruffin, Josephine Miles, Johnnie Mae Mathews and Rose Franklin, individuals, Plaintiffs, v. Suzanne dePASSE, dePasse Entertainment, Otis Williams ("Temptations"), Shelly Burger, N...
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80 F.Supp.2d 1374 (2000) Patrick M. HENDRICKSON, Plaintiff, v. GEORGIA POWER COMPANY, Defendant. No. 5:96-CV-500-3(DF). United States District Court, M.D. Georgia, Macon Division. February 2, 2000. *1375 Charles E. Cox, Jr., Macon, GA, Charles R. Adams, III, Macon, GA, for Patrick M. Hendrickson, plaintiff. Howard Jerome Strickland, Howard Jerome Strickland, Jr., Macon, GA, for Georgia Power Co.,...
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MEMORANDUM OPINION I. INTRODUCTION This cause is before the court on a Motion to Dismiss Or In The Alternative For Summary Judgment (doc. # 21) filed by the Defendants on November 15, 1999. Garcia-Cabrera brought this action against the Secretary of the United States Department of Defense, William Cohen, (the “Secretary”) and four of his supervisors at the Defense Co...
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ORDER DENYING DEFENDANT’S MOTION TO SUPPRESS This matter is before the court on Defendant Robert Dewayne Smith’s Motion to Suppress Evidence (Dkt.# 8) filed on December 16, 1999. On December 23, 1999, the government filed a response in opposition to Smith’s motion. During a pretrial hearing and trial scheduling conference on January 3, 2000, the court gave Smith additional time to file a repl...
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82 F. Supp. 2d 920 (2000) Ann ROSE, Michael Scott, Wendie Rose Scott and Michael Rose, Plaintiffs, v. MONY LIFE INSURANCE COMPANY, Mutual Life Insurance Company of New York, Mony Life Insurance Company of America, Raymond C. Veselik and Scott Veselik, Defendants. No. 99 C 4279. United States District Court, N.D. Illinois, Eastern Division. February 1, 2000. *921 Nathan H. Lichtenstein, Lisa J. Br...
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MEMORANDUM OPINION THIS MATTER is before the Court on a Motion for Partial Summary Judgment brought by Defendants JAMES S. GILMORE, ET AL (herein collectively “Virginia”) and a Motion for Summary Judgment brought by Plaintiffs WASTE MANAGEMENT HOLDINGS, ET AL (herein collectively “Plaintiffs”). For the reasons stated below. 1. Virginia’s Motion for Partial Summary Judgment is DENIED. 2. P...
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ORDER I.Introduction Before me is the appeal (Filing Nos. 1, 2) by Demma Fruit Company, Ltd. (Dem-ma), from the January 14, 1999, order of Chief Bankruptcy Judge Timothy J. Maho-ney granting summary judgment to Old Fashioned Enterprises, Inc. (OFE). The bankruptcy court ruled that the Perishable Agricultural Commodities Act of 1930, 7 U.S.C. §§ 499a-499t (PACA), did not apply to reta...
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OPINION AND ORDER I. INTRODUCTION Before the Court is Defendant Moulding Associates, Inc.’s (“MAI”) Motion to Dismiss for Lack of Personal Jurisdiction and Improper Venue (docket No. 2) and Plaintiff Brock Supply Company’s (“Brock”) Opposition thereto (docket No. 8). Brock brings this action in diversity for violation of Puerto Rico Law No. 75, P.R.Laws Ann. tit. 10, §§ 278-278(d...
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113 F. Supp. 2d 211 (2000) Daniel DAGESSE & Elaine Dagesse v. PLANT HOTEL N.V., Oranjestad Property Management N.V., and Marriott International No. CIV. 98-713-B. United States District Court, D. New Hampshire. January 5, 2000. *212 *213 Tanya G. Richmond, Crisp & Associates, Concord, NH, for Plaintiffs. Catherine C. Miller, Friedman, Babcock & Gaythwaite Portland, ME, for Defendants....
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82 F. Supp. 2d 801 (2000) McDONALD'S CORPORATION, Plaintiff, v. SHOP AT HOME, INC., Sports Collectibles, Inc. and Gary Fillers, Defendants. No. 3:99-0438. United States District Court, M.D. Tennessee, Nashville Division. February 2, 2000. *802 *803 Robert S. Patterson, Julie C. Murphy, Boult, Cummings, Conners & Berry, Nashville, TN, Jeff Lieberman, Robert Eliot Shapiro, Barack, Ferrazzano, K...
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DECISION AND ORDER This case arises from petroleum hydrocarbon contamination at two properties owned by plaintiff Raymond K. Hoxsie Real Estate Trust (“Trust”), of which plaintiffs Raymond and Katherine Hoxsie are trustees (collectively “plaintiffs”). Plaintiffs brought this action in September, 1997 against the above named defendants, seeking judgment on four counts. Only the first t...
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84 F. Supp. 2d 483 (2000) Allen QUESTROM, Plaintiff, v. FEDERATED DEPARTMENT STORES, INC., Defendant. No. 98 Civ. 0659(LAK). United States District Court, S.D. New York. February 4, 2000. *484 Richard L. Fenton, Andrea L. Zopp, Helen B. Kim, Sonnenschein Nath & Rosenthal, for plaintiff. John M. Newman, Jr., Mark Herrmann, Christopher P. Fisher, Jones, Day, Reavis & Pogue, for defendant. ...
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MEMORANDUM ORDER This action was commenced in the Supreme Court of New York on October 4,1999 *57and timely removed by defendant to this Court on November 10, 1999. Defendant served its answer by mail on November 16, 1999. Plaintiff did not formally demand a jury trial until the initial pretrial conference on December 21, 1999. At the conference, defendant objected to plaintiffs jury demand on ...
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84 F. Supp. 2d 253 (2000) COLBRO SHIP MANAGEMENT COMPANY LTD., Plaintiff, v. UNITED STATES of America, Defendant. Civil No. 98-1052(SEC). United States District Court, D. Puerto Rico. February 3, 2000. *254 Paul E. Calvesbert-Borgos, San Juan, PR, for plaintiff. Lisa E. Bhatia-Gautier, U.S. Attorney's Off. District of P.R., Civil Division, San Juan, PR, Richard T. Buckingham, Matthew, J. Glomb, A...
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82 F. Supp. 2d 717 (2000) AMERICAN MEDICAL SECURITY, INC., a Delaware corporation, Plaintiff, v. STATE FARM AUTOMOBILE INSURANCE COMPANY, an Illinois corporation, and Tariq Bazzy, Defendants. No. 99-CV-72889. United States District Court, E.D. Michigan, Southern Division. January 20, 2000. *718 Arthur J. LeVasseur, Lauren J. Hammett, Fischer, Franklin, Detroit, MI, for Plaintiff. Thomas J. Killee...
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84 F.Supp.2d 848 (2000) PROGRESSIVE MICHIGAN INSURANCE COMPANY, Plaintiff, v. UNITED WISCONSIN LIFE INSURANCE COMPANY and American Medical Security, Defendants. No. 99-70776. United States District Court, E.D. Michigan, Southern Division. January 14, 2000. *849 Robert L. Goldenbogen, Garan, Lucow, Port Huron, MI, for plaintiff. Arthur J. LeVasseur, Lauren J. Hammett, Fischer, Franklin, Detroit, M...
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OPINION & ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTION, NUNC PRO TUNC This matter comes before the Court on Plaintiffs’ motion for a preliminary injunction seeking to enjoin Defendants from closing its Romulus freight facility pending arbitration. On Thursday, December 16, 1999, this Court issued a temporary restraining order which temporarily p...
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89 F. Supp. 2d 543 (2000) Cora CALLOWAY, Plaintiff, v. BORO OF GLASSBORO DEPARTMENT OF POLICE, Det. Robert Best, Det. Ronald Massari, John Doe, and Melanie Powell, Defendants, and Boro of Glassboro Department of Police, Det. Ronald Massari, and Melanie Powell, Third-Party Plaintiffs, v. Det. Robert Best, Gloucester County Prosecutors Office, Andy Yurick, Esq., John Does 1-5, and Gloucester County...
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OPINION On July 10, 1999, petitioner Daniel Richard Brown, a federal prisoner currently incarcerated at the Federal Correctional Institution in Milan, Michigan (“FCI Milan”), filed a pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241, challenging the Bureau of Prisons’ (“BOP”) determination that he was not eligible for a sentence reduction under 18 U.S...
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MEMORANDUM I. BACKGROUND Plaintiff, State Auto Insurance Co. (the “Insurer”), issued a business owners liability insurance policy (the “policy”) to Eric Summy and Jeffrey Enck, t/a E & J Rentals (the “Insureds”). The policy was in effect from January 1, 1998 to November 13,1998. The Insureds were in the real estate business and owned the premises located at 618 N. Plu...
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82 F. Supp. 2d 402 (2000) Larry BICKINGS, Plaintiff, v. BETHLEHEM LUKENS PLATE, a division of Bethlehem Steel Corporation, Defendant. No. Civ.A. 99-1530. United States District Court, E.D. Pennsylvania. January 31, 2000. *403 Hyman Lovitz, Lovitz & Gold, Philadelphia, PA, for plaintiff. Randolph Stuart Sergent, Maria E. Rodriguez, G. Stewart Webb, Venable, Boejer & Howart, Baltimore, MD, ...
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82 F. Supp. 2d 1354 (2000) Robert C. GILL a/k/a R. Christopher Gill, Plaintiff, v. Milton KOSTROFF, et al., Defendants. No. 98-930-CIV-T-17A. United States District Court, M.D. Florida, Tampa Division. February 8, 2000. *1355 Atlee W. Wampler, III, Wampler, Buchanan & Breen, P.A., Miami, FL, for Robert C. Gill aka R. Christopher Gill, plaintiff. Donald R. Kirk, Fowler, White, Gillen, Boggs, V...
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82 F. Supp. 2d 279 (2000) LASALLE NATIONAL BANK, as successor Indenture Trustee, Plaintiff, v. Ronald O. PERELMAN, Mafco Holdings Inc., MacAndrews & Forbes Holdings, Inc., Andrews Group Incorporated, Four Star Holdings Corp., Mafco Guarantor Corp. f/k/a Marvel V Holdings Inc., Mafco Finance Corp. f/k/a Marvel IV Holdings Inc., William C. Bevins, Donald G. Drapkin, Irwin Engelman, Laurence Win...
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85 F. Supp. 2d 1282 (2000) Deborah CACCIATORE, Plaintiff, v. LIBERTY LIFE ASSURANCE COMPANY OF BOSTON, Defendant. No. 99-2526-CIV-T-17-E. United States District Court, M.D. Florida, Tampa Division. February 8, 2000. *1283 Paul S. Kimsey, Kimsey & Associates, P.A., Tampa, FL, for Deborah Cacciatore, plaintiff. Gregory D. Swartwood, Unger, Webster, Swartwood & Acree, P.A., Orlando, FL, for ...
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84 F. Supp. 2d 470 (2000) Timothy P. McGUIGGAN, William D. Robinson and Jeffrey C. Price, on behalf of themselves and all other employees of CPC, Plaintiffs, v. CPC INTERNATIONAL, INC., Defendant. No. 97 Civ. 7241(CM). United States District Court, S.D. New York. January 31, 2000. *471 Scott Alexander Thornton, Thornton & Partners, New Hampton, NY, for plaintiffs. Patrick W. Shea, Robert A. H...
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MEMORANDUM DECISION AND ORDER DETERMINING MOTIONS BY VARIOUS PARTIES FOR SUMMARY JUDGMENT On January 5, 1999, Plaintiffs — corporations under the control of Charles Cartale-mi that hold franchises to sell automobiles from various manufacturers — commenced the first above-captioned action in the New York State Supreme Court. There, they sought, inter alia, to enjoin Defendants from terminating...
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82 F. Supp. 2d 353 (2000) ASSOCIATION FOR FAIRNESS IN BUSINESS INC., a New Jersey Non-Profit Corporation, Plaintiff, v. The State of NEW JERSEY, The New Jersey Casino Control Commission, a Public Body Corporate and Politic of the State of New Jersey, John J., Farmer, Jr., Esq., Attorney General of the State of New Jersey, and James R. Hurley, Chairperson of the New Jersey Casino Control Commissio...
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MEMORANDUM OPINION Before me now is a motion for class certification by Joseph Talbott (“Talbott” or the “plaintiff”). Both parties fully briefed the issues and were heard in oral argument, ripening this motion for disposition. For the reasons set forth herein, the plaintiffs motion is GRANTED in that a conditional class certification is ordered. I. BACKGROUND This case involves the debt collec...
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80 F. Supp. 2d 1012 (2000) Robert H. NYSTED, Plaintiff, v. PATRIOT AMERICAN HOSPITALITY, INC., Defendant. No. CivA 98-C-0175. United States District Court, E.D. Wisconsin. February 1, 2000. George Burnett, Thomas M. Olejniczak, Liebmann, Conway, Olejnkzak & Jerry, Green Bay, WI, for plaintiff. Robert P. Ochowicz, Kasdorf, Lewis & Swietlik, Milwaukee, WI, for defendant. DECISION AND ORDER ...
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OPINION Defendant Patrick Kelly (“Kelly”) has moved for (i) an order dismissing the indictment for failure to provide a sufficient statement of the facts constituting the offense charged, pursuant to Rule 7(c)(1), and for violating the First Amendment; (ii) alternatively, an order requiring the *582 Government to provide Kelly with a bill of particulars; (iii) specificati...
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83 F.Supp.2d 455 (2000) UNITED STATES of America v. James V. DeLAURENTIS. Criminal No. 99-431. United States District Court, D. New Jersey. January 27, 2000. Opinion on Denial of Reargument February 10, 2000. *456 *457 Robert J. Cleary, U.S. Attorney, District of New Jersey, Mary A. Futcher, Assistant U.S. Attorney, Camden, NJ, for U.S. Louis M. Barbone, Jacobs & Barbone, P.A., A Professional...
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82 F. Supp. 2d 612 (2000) Ron CHRISTMON d/b/a Triple "C" Collision Repair Shop, Plaintiff, v. ALLSTATE INSURANCE COMPANY, Defendant. Civil Action No. A.3:99CV151BN. United States District Court, S.D. Mississippi, Jackson Division. February 1, 2000. *613 Bob Owens, Rajita M. Iyer, Owens Law Firm, Jackson, MS, Harry H. Powell, Barry H. Powell, Attorney, Jackson, MS, for plaintiff. William C. Griffi...
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DECISION AND ORDER This securities fraud class action was filed on March 17, 1997 (the “Action”). 1 Plaintiffs alleged that Defendants, Health Management Systems, Inc. (“HMS”) 2 , and certain of its officers and directors including Defendant Philip Siegel (“Siegel”), the former Chief Financial Officer for HMS, disseminated false and misleading statements designed...
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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 July 7, 1999. On December 8, 1999, Magistrate Judge Heckman filed a Report and Recommendation, recommending that defendants’ motions to dismiss the complaint pursuant to Rule 12(b) of the Federal Rules of Civil Procedure should be granted to the extent that the motion...
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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 July 22, 1999. On January 3, 2000, Magistrate Judge Heckman filed a Report and Recommendation, recommending that defendants’ motion to dismiss the complaint should be granted. The Court has carefully reviewed the Report and Recommendation, the record in this case, and the...
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82 F. Supp. 2d 631 (2000) Alexis M. HERMAN, Secretary of Labor, United States Department of Labor Plaintiff v. TYSON FOODS, INC., Defendant No. 9:99 CV 132. United States District Court, E.D. Texas, Beaumont Division. January 20, 2000. *632 Robert A Goldberg, U S Department of Labor, Dallas, TX, for Plaintiff. John V Jansonius, Akin Gump, Dallas, TX, for Defendant. MEMORANDUM ORDER COBB, Distric...
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MEMORANDUM OPINION This case, brought pursuant to the Fair Labor Standards Act, 29 U.S.C. § 201 (the “FLSA”), and the New York Minimum Wage Act, N.Y. Labor Law § 650, was referred to me for a determination of the damages to be paid to each of the plaintiffs. This order is to resolve the pending motions of the parties and to establish the formula for the final calculation of each plain...
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MEMORANDUM-DECISION AND ORDER I. INTRODUCTION Defendant Eric Steele is charged in a three count indictment with conspiracy to possess with intent to distribute, and dis*342tributing crack cocaine in violation of 18 U.S.C. § 2 and 21 U.S.C. §§ 841(a)(1) and 846. The defendant has moved 1. For an order, pursuant to Fed. R.Crim.P. 7(f), compelling the Government to provide a bill of particulars se...
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82 F. Supp. 2d 1151 (2000) KAPIOLANI MEDICAL CENTER FOR WOMEN AND CHILDREN, Plaintiff, v. The State of HAWAII, as a State of the Federal Union; the Honorable Benjamin J. Cayetano, In His Official Capacity as the Governor of the State of Hawaii; and Peter B. Carlisle, in His Official Capacity as the Prosecuting Attorney of the City and County of Honolulu, State of Hawaii, Defendants. No. CV. 99-00...
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84 F.Supp.2d 204 (2000) Rocky KILLELA, Petitioner, v. Timothy HALL, Superintendent, et al., Respondents. No. Civ.A. 99-30123-MAP. United States District Court, D. Massachusetts. February 3, 2000. *205 *206 Greg T. Schubert, Springfield, MA, for Rocky Killela, petitioner. Pamela L. Hunt, Joseph T. Thai, Attorney General's Office, Criminal Bureau, Boston, MA, William D. Weinreb, Attorney General's ...
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MEMORANDUM — DECISION AND ORDER Pursuant to the Employee Retirement Income Security Act (“ERISA”), 29 U.S.C. § 1132, Plaintiff, formerly a vice president in defendant Civil Service Employees Association, Inc., Local 1000 (the “CSEA”), seeks supplemental retirement benefits from an unfunded deferred compensation plan for former union officers. Defendants denied the benefits ...
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MEMORANDUM ORDER Plaintiff brings this action alleging violations of federal securities law. On June 18, 1996, the Court granted defendant John Romano’s motion to dismiss plaintiffs third claim for relief, pursuant to Fed.R.Civ.P. 12(b)(6). See S.E.C. v. U.S. Envtl., Inc., 929 F.Supp. 168 (S.D.N.Y.1996). On August 25, 1998, the United States Court of Appeals for the Second ...
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MEMORANDUM OPINION AND ORDER On August 9, 1999, this Court issued a memorandum opinion and order granting plaintiff Kimberly Miller’s motion for partial summary judgment as to liability and denying defendant AT & T’s motion for summary judgment as to liability and damages. Miller v. AT & T, 60 F.Supp.2d 574 (S.D.W.Va.1999). The Court found that AT & T violated 29 U.S...
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82 F. Supp. 2d 928 (2000) Lloyd ROWRY, Plaintiff, v. LITIGATION SOLUTIONS, INC., Defendant. No. 98 C 3833. United States District Court, N.D. Illinois, Eastern Division. February 8, 2000. Jason R. Epstein, Chicago, IL, for plaintiff. Christopher A. Kreid, Metge, Spitzer & Kreid, Chicago, IL, for defendant. MEMORANDUM OPINION AND ORDER DENLOW, United States Magistrate Judge. The Court conduct...
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82 F. Supp. 2d 458 (2000) Paul JACOBSON v. James SWEENEY. No. CIV. Y-96-3371. United States District Court, D. Maryland. February 7, 2000. *459 Paul Jacobson, pro se. Harry J. Carleton, Fairfax, VA, for Defendant. MEMORANDUM OPINION JOSEPH H. YOUNG, Senior District Judge. I. This case is before the Court on a Motion for Summary Judgment filed by the Defendant, James Sweeney. The Plaintiff, Paul...
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85 F. Supp. 2d 391 (2000) Ernest HILL, (AKA) Antoine Hill, Plaintiff, v. Jeffrey ALGOR, individually and as a New Jersey State Police Officer, David Henry Meyer, individually and as a New Jersey State Police Officer, Robert Kwap, individually and as a New Jersey State Police Officer, Stephen Makuka, individually and as a New Jersey State Police Officer, and John Does (1 through 6 individually and...
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80 F.Supp.2d 1094 (2000) Richard PECAROVICH, Plaintiff, v. ALLSTATE INSURANCE COMPANY, Defendant. No. CV 99-2129 ABC(MANX). United States District Court, C.D. California. January 24, 2000. *1095 Paul S. Sigelman, Sigelman & Perlman Law Firm, Beverly Hills, CA, for plaintiff. Peter H. Klee, Seth M. Friedman, Luce, Forward, Hamilton & Scripps, San Diego, CA, for defendant. ORDER GRANTING D...
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OPINION Defendants Industry Trading Co. (“ITC”) and Shraga Gancz (“Gancz”) (together, “Defendants”) have moved to dismiss the complaint of plaintiffs Howard Rosbach (“Rosbach”) and Raymond Harvey (“Harvey”) (together, “Plaintiffs”) as barred by the Statute of Frauds. For the reasons set forth below, the motion will be granted in part and denied in part. The Parties Rosba...
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OPINION AND ORDER This is a securities fraud action in which plaintiffs now move for class certification pursuant to Federal Rule of Civil Procedure 23. Defendants do not oppose certification of a class. Rather, defendants contend that the class proposed by plaintiffs is impermissibly broad. Accordingly, the sole issue to be resolved on this motion is the proper membership of the plaintiff clas...
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OPINION Appellant Vesta Fire Insurance Company (“Vesta”) has appealed from an order of the Bankruptcy Court denying its objections to a preliminary injunction, issued pursuant to Section 304 of Title 11 of the United States Code (the “Bankruptcy Code”), staying an arbitration between Vesta and New Cap Reinsurance Corporation Limited (“New Cap”). That preliminary injunction was obtaine...
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MEMORANDUM AND ORDER This matter is before the Court upon Defendant’s Motion for Summary Judgment and Plaintiffs Cross Motion for Partial Summary Judgment on the issue of liability. 1 For the reasons set forth below, the Defendant’s Motion for Summary Judgment is granted, and the Plaintiffs Motion for Partial Summary Judgment is denied. BACKGROUND In April 1989, Jerry O. Johnson (“Johnson...
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MEMORANDUM AND ORDER St. Paul Fire & Marine Insurance Company (St. Paul) has filed a motion to file a renewed motion for summary judgment or in the alternative to certify this matter for interlocutory appeal. I will deny the motion for both procedural and substantive reasons. First, the motion is not timely. St. Paul’s motions, including motions for summary judgment, were to be filed no later tha...
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OPINION AND ORDER A United States Customs Service aircraft on patrol northwest of Puerto Rico on April 12, 1999 sighted a twenty-foot boat traveling toward the island. The boat stopped and the crew jettisoned its cargo, later determined to be bales of cocaine, sixteen of which were subsequently recovered by law enforcement personnel. The boat then turned tail. Leonel Valdés Santana, Roberto R...
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82 F. Supp. 2d 788 (2000) UNITED STATES FIRE INSURANCE COMPANY, Plaintiff, v. VANDERBILT UNIVERSITY, Vanderbilt University Medical Center, St. Paul Fire & Marine Insurance Company, St. Paul Mercury Insurance Company, Defendants. No. 3:99-0048. United States District Court, M.D. Tennessee, Nashville Division. January 27, 2000. *789 H. Buckley Cole, Greenebaum, Doll & McDonald PLLC, Nashvil...
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82 F. Supp. 2d 1161 (2000) Gustavo F. ARAUJO, Plaintiff, v. GENERAL ELECTRIC INFORMATION SERVICES, a Delaware corporation, and Jack Erhlich, Defendants. No. Civ. 98-667-JE. United States District Court, D. Oregon. February 4, 2000. *1162 *1163 *1164 Brian J. Dobie, Portland, OR, for plaintiff. Richard N. VanCleave, Caroline R. Guest, Davis Wright Tremaine LLP, Portland, OR, for defendant. OPINIO...
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82 F. Supp. 2d 702 (2000) Linda Marie MINEER, etc., Plaintiff, v. Montel WILLIAMS, et al, Defendants. No. Civ.A. 99-187. United States District Court, E.D. Kentucky, at Covington. February 3, 2000. *703 Eric C. Deters, Fort Mitchell, KY, for plaintiff. Deborah H. Patterson, William H. Hollander, Wyatt, Tarrant & Combs, Louisville, KY, for defendants. OPINION & ORDER BERTELSMAN, District ...
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81 F. Supp. 2d 726 (2000) Billy H. FULLER, Plaintiff, v. GENERAL CABLE INDUSTRIES, INC., Defendant. No. 3:98-CV-077. United States District Court, E.D. Texas, Paris Division. February 4, 2000. *727 David Zedler, Attorney at Law, Pottsboro, James A. Jones, Jones & Associates, Dallas, TX, for Billy H. Fuller, plaintiffs. Allen Butler, Robert James Wood, Jr., Clark West Keller Butler & Ellis...
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84 F.Supp.2d 624 (2000) AUDIO VIDEO CENTER, INC., v. FIRST UNION NAT'L BANK, et al. No. CIV. A. 99-4222. United States District Court, E.D. Pennsylvania. February 11, 2000. *625 Timothy M. Kolman, Marc E. Weinstein, Timothy M. Kolman and Assoc., Langhorne, PA, for plaintiff. Clare Ann Fitzgerald, Duane, Morris and Heckscher, Philadelphia, PA, for defendants. MEMORANDUM BARTLE, District Judge. Pl...
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84 F.Supp.2d 1357 (2000) Nina Schroeder MAGNESS, Agnes Schroeder Atkins, and Lee Alexander Magness, Plaintiffs, v. RUSSIAN FEDERATION, Russian Ministry of Culture and Russian State Diamond Fund. Defendants. Misc. Action No. 99-0007-CB-M. United States District Court, S.D. Alabama, Southern Division. January 28, 2000. *1358 Daniel B. Nelson, Livingston, Nelson & Smither, Houston, TX, for plaintiff...
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MEMORANDUM OPINION AND ORDER Before us is Paul Mitchell’s appeal of an order of the Bankruptcy Court sustaining the trustee’s determination that Mitchell’s claim against the estate of the Debtor, the Chicago Partnership Board, Inc., is not that of a “customer” as defined in the Securities Investor Protection Act (SIPA), 15 U.S.C. § 78lll, but rather is a general unsecured c...
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121 F. Supp. 2d 667 (2000) Gerald GARCIA, Plaintiff, v. FARMERS INSURANCE EXCHANGE, Defendant. No. 99 C 5017. United States District Court, N.D. Illinois, Eastern Division. February 8, 2000. *668 Glenn E. Heilizer, Laterza and Heilizer, Chicago, IL, for Plaintiff. William J. Sneckenberg, William J. Sneckenberg & Assoc., Ltd., Chicago, IL, for Defendant. MEMORANDUM OPINION AND ORDER BUCKLO, D...
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121 F. Supp. 2d 662 (2000) Choh-Ying GEDDES, and Larry G. Geddes Plaintiffs, v. COUNTY OF KANE, Michael McCoy Philip Bus, the Kane County Board, and the Kane County Development Department, Defendants. No. 98 C 7722. United States District Court, N.D. Illinois, Eastern Division. February 7, 2000. *663 John R. Wimmer, Downers Grove, IL, Joseph M. Williams, North Aurora, IL, for Plaintiffs. Patricia...
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OPINION This matter now is before the Court on (1) the government’s motion to admit the grand jury testimony of Venerable Man Ho and Venerable Yi Chu because of their unavailability for trial; and (2) defendant’s motion to dismiss certain counts of the indictment or, in the alternative, to suppress all evidence derived from Man Ho and Yi Chu on the ground that these witnesses would pr...
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82 F. Supp. 2d 545 (2000) Johnnie GODDARD, and Sarah Goddard, Plaintiffs, v. PROTECTIVE LIFE CORPORATION, Dr. William Feist, Medical Director, and LabOne, Inc., Defendants. No. Civ.A. 2:99CV735. United States District Court, E.D. Virginia, Norfolk Division. February 10, 2000. *546 *547 *548 Lanis L. Karnes, Karnes Legal Services, P.C., Virginia Beach, VA, for plaintiffs. John Y. Pearson, Jr., Dan...
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85 F. Supp. 2d 501 (2000) UNITED STATES of America v. Kyle PEED. No. 99-674. United States District Court, E.D. Pennsylvania. February 14, 2000. Roberta Benjamin, U.S. Attorney's Office, Philadelphia, PA, for U.S. Louis T. Savino, Jr., Philadelphia, PA, for defendant. MEMORANDUM ROBERT F. KELLY, District Judge. Presently before the Court is Defendant's Motion to Suppress Evidence obtained by the...
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88 F. Supp. 2d 914 (2000) BUNN-O-MATIC CORPORATION, Plaintiff/Counter Defendant, v. BUNN COFFEE SERVICE, INC., Defendant/Counter Plaintiff. No. 97-3259. United States District Court, C.D. Illinois, Springfield Division. February 10, 2000. *915 *916 Richard Bushnell, Grant H. Peters, Thomas J. Donovan, Thomas B. Quinn, Trexler Bushnell Giangiorgi & Blackstone, Ltd., Chicago, IL, for plaintiff....
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MEMORANDUM OPINION Plaintiff, a Virginia inmate proceeding pro se, has filed this 42 U.S.C. § 1983 suit alleging that defendants violated his constitutional rights. Plaintiff, who is presently incarcerated in the Mental Health Unit (MHU) at Greensville Correctional Center (GRCC), alleges that defendants Garraghty, Trent, Pugh, and Swetter created or condoned official polici...
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MEMORANDUM OPINION The defendants in this removed case, which asserted claims under the Age Discrimination in Employment Act (ADEA) and various state-law based claims, have moved to dismiss on the basis of the recent decision in Kimel v. Florida Board of Regents, — U.S. -, 120 S.Ct. 631, 145 L.Ed.2d 522 (2000), claiming that the Ki-mel decision establishes the Eleventh Amendment immunity ...
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82 F. Supp. 2d 365 (2000) JEEREDDI A. PRASAD, M.D., INC., RETIREMENT PLAN TRUST PROFIT SHARING PLAN and Jeereddi A. Prasad, M.D., Petitioners, v. INVESTORS ASSOCIATES, INCORPORATED, Herman Epstein, and Lawrence Joseph Penna, Respondents. No. CIV. A. 99-2512 (JAG). United States District Court, D. New Jersey. February 10, 2000. James David Ferrucci, Arthur M. Nalbandian, Wolff & Samson, P.A., ...
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84 F. Supp. 2d 668 (2000) CONCERNED CITIZENS OF CARDEROCK and Jack Anderson, Plaintiffs, v. Robert C. HUBBARD and Adat Shalom Reconstructionist Congregation, Defendants. No. CIV. AMD 99-3266. United States District Court, D. Maryland. February 1, 2000. *669 Stanley D. Abrams, Cathy Greenebaum Borten, Stanley, West & Storm, Bethesda, MD, Kevin N. Anderson, Salt Lake City, UT, for plaintiff. Ma...
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85 F. Supp. 2d 491 (2000) MERRILL LYNCH, PIERCE, FENNER, & SMITH, INC. v. Todd E. NAPOLITANO No. CIV.A. 00-CV-137. United States District Court, E.D. Pennsylvania. February 2, 2000. *492 Thomas J. Momjian, Rubin and Associates, P.C., Paoli, PA, for plaintiff. Howard L. Kelin, Kegel, Chesters, Lapp & Miller, Lancaster, PA, for defendant. MEMORANDUM & ORDER KAUFFMAN, District Judge. Me...
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82 F.Supp.2d 464 (2000) THE PINEY RUN PRESERVATION ASSOCIATION v. COUNTY COMMISSIONERS OF CARROLL COUNTY, MARYLAND. No. CIV. Y-98-3124. United States District Court, D. Maryland. February 10, 2000. *465 G. Macy Nelson, Towson, MD, for Plaintiff. Linda S. Woolf, Baltimore, MD, Michael B. MacWilliams, Baltimore, MD, for Defendant. MEMORANDUM OPINION YOUNG, Senior District Judge. I. The Piney Run ...
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AMENDED OPINION I. INTRODUCTION This case arises out of the tragic death of a five-year-old child, Valeria Renee Myers, and the events which followed. Although an autopsy later revealed that Valeria had died of natural causes, the doctors who first treated her suspected that she had been sexually abused. As a result, the police launched an immediate investigation into her death. ...
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ORDER This matter is before the court on (1) the parties’ cross-motions to supplement the record and (2) plaintiffs motion for preliminary injunction. Based on a review of the file, record, and proceedings herein, the court (1) grants the parties’ cross-motions to supplement the record and (2) grants plaintiffs motion for preliminary injunction. BACKGROUND Plaintiff Surdyk’s Liq...
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81 F. Supp. 2d 1365 (2000) Donald R. COLEMAN, Plaintiff, v. GEORGIA POWER COMPANY, Defendant. No. 21:98-CV-1529-ODE. United States District Court, N.D. Georgia, Atlanta Division. February 9, 2000. Matthew C. Billips, Zimring Smith & Billips, Atlanta, GA, for plaintiff. Stephen William Riddell, Ashley Zeiler Hager, Troutman Sanders, Atlanta, GA, for defendant. ORDER ORINDA D. EVANS, Chief Jud...
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84 F.Supp.2d 607 (2000) UNITED STATES of America v. Jaime Luis COLLAZO a/k/a "Jimmy". Criminal No. 99-00304-01. United States District Court, E.D. Pennsylvania. February 3, 2000. *608 Joseph Poluka, AUSA, Philadelphia, PA. for plaintiff. Mark S. Refowich, Easton, PA, for defendant. MEMORANDUM AND ORDER VAN ANTWERPEN, District Judge. We have before us the Motion of the Government to Clarify Sente...
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MEMORANDUM Plaintiff Eleanor Coyle, personally and as the Administratrix of the estate of her husband, William Coyle, deceased, brings this personal injury action against Kristjan Palusalu Maritime Company, Ltd. (“KPMC”) pursuant to Section 5(b) of the Longshore and Harbor Workers’ Compensation Act (the “Act”), 33 U.S.C. § 905(b). Mrs. Coyle alleges that, on May 13, 1998, her husband suff...
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82 F. Supp. 2d 1279 (2000) Reginald WRIGHT, Ruth Burden, Mark Kerce, Donald Opie, Frank Barmore and Angela Whitter, on behalf of themselves and all others similarly situated, Plaintiffs, v. CIRCUIT CITY STORES, INC., Defendant. No. CV-97-P-0776-S. United States District Court, N.D. Alabama, Southern Division. February 9, 2000. *1280 Abigail P. Van Alstyne, Kell A. Simon, Gordon Silberman Wiggins ...
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ORDER The Court has before it the August 6, 1999 motion of defendants Beer Across America, Merchant Direct, and Shermer Specialties (collectively “Beer Across America”) to dismiss the present action for lack of personal jurisdiction. 1 Pursuant to the Court’s October 8, 1999 order, the motion came under submission on December 17,1999. On June 8, 1999, plaintiff Lynda Butle...
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MEMORANDUM OPINION AND ORDER Pursuant to Rule 33 of the Federal Rules of Criminal Procedure (“Rule 33”) and 28 U.S.C. § 2255 (“ § 2255”), petitioner moves to vacate his conviction or, alternatively, for an order granting a new trial based upon newly-discovered evidence, prosecutorial misconduct, and ineffective assistance of counsel. In addition, pursuant to 28 U.S.C. §§ 144, 455(a) and 4...
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84 F.Supp.2d 330 (2000) Thomas C. CERRONE, Plaintiff, v. Michael F. CAHILL, Francis A. Defrancesco, Salvatore S. Valvo, Thomas M. Fresenius, Scott L. Brown, Richard G. Morse, Deborah L. Komar, Jonathan Z. Friedman and Gerald W. Connolly, Individually, Defendants. No. 95-CV-241. United States District Court, N.D. New York. January 28, 2000. *331 Hinman, Straub, Pigors & Manning, P.C., Albany, ...
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MEMORANDUM AND ORDER Plaintiff Richard Silvera, who is black, brought this case against the defendant, the Orange County School Board (“Orange County” or the “School Board”), alleging racial discrimination in violation of Title VII of the Civil Rights Act of 1964. A jury trial was held, and the jury returned a verdict in favor of Silvera. Currently pending before the Court is a post-judgment ...
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84 F.Supp.2d 1168 (2000) Dan Quoc LE, Petitioner, v. Joseph R. GREENE, District Director, United States Immigration and Naturalization Service, Respondent. No. CIV. A. 99-K-1160. United States District Court, D. Colorado. February 9, 2000. *1169 Jim Salvator, Lafayette, CO, for Petitioner. Michael Hegarty, Asst. U.S. Attorney, Denver, CO, for Respondent. MEMORANDUM OPINION AND ORDER KANE, Senior...
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RULING ON PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT Plaintiff, Omnipoint Communications, Inc., brings this action against the defendants, Planning & Zoning Commission of the Town of Wallingford (“Commission”) and the Town of Wallingford, alleging violations of the Telecommunications Act of 1996, arising out of the denial of the plaintiffs application to erect a wireless communications to...
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RULING ON DEFENDANTS’ MOTIONS TO DISMISS On January 22, 1999, plaintiff filed the instant action pro se against Seven Locks Facility, the Yale University School of Medicine, Rockville Police, New Haven Police, an unnamed facility in central Maryland, the Honorable Henry J. Monahan, Susan Bers, Oscar Hills, a state employee known as “Laura,” and Kinko’s of Rock-ville Marylan...
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RULING ON DEFENDANT, COMBUSTION ENGINEERING, INC.’S MOTION TO STRIKE JURY TRIAL CLAIM The plaintiff, Nuclear Management, filed a seven count complaint against defendants, Combustion Engineering, Inc. and Octagon, Inc. alleging, inter alia, a violation of the Connecticut Trade Practices Act (“CUTPA”). Defendant Combustion Engineering has moved to strike the jury claim respecting the CUTPA count. ...
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RULING ON DEFENDANTS’ MOTION TO DISMISS Plaintiff, Jeanette Burgos, alleges that she was discriminated against and terminated from her employment as a residential counselor at the Polaris Center due to her learning disability, race, national origin and her exercise of federal and state law rights, Plaintiff asserts her claims against the Capital. Region Educational Council (“CREC”), t...
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83 F. Supp. 2d 278 (2000) John CLAUSON v. NEW ENGLAND INSURANCE COMPANY. No. 97-511-T. United States District Court, D. Rhode Island. February 1, 2000. *279 Marty C. Marran, Pawtucket, RI, for plaintiff. Michael P. Duffy, Peabody & Arnold, LLP, Providence, RI, for defendant. MEMORANDUM OF DECISION TORRES, Chief Judge. John Clauson brought this diversity action, pursuant to R.I.G.L. §§ 27-7-1...
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MEMORANDUM OPINION AND ORDER Pending is Plaintiffs Motion for Attorney’s Fees. For reasons that follow, the motion is GRANTED. I. FACTUAL BACKGROUND On September 14, 1999 Plaintiff filed a civil action in the Circuit Court of Kana-wha County, West Virginia. At the time, Plaintiff was a resident of Orchard Manor public housing project in Charleston, West Virginia and Presiden...
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82 F.Supp.2d 1261 (2000) MOUNTAIN WEST FARM BUREAU MUTUAL INSURANCE COMPANY, Plaintiff, v. Charles B. HUNT; Connie Hunt; Jeffrey Miller; Freda Miller; Robert Vergara; Barbara Vergara; De De Lawson, as Guardian of Taylor Lawson; Duane Hergenrider; Dena Hergenrider; Larry Skorupa; and Elanna M. Skorupa, Defendants. and Duane Hergenrider and Dena Hergenrider and Larry Skorupa and Elanna M. Skorupa, ...
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82 F. Supp. 2d 1270 (2000) Terri Lynn SABINS, Personal Representative of the Estate of Gerald Allen Sabins, Deceased Plaintiff, v. COMMERCIAL UNION INSURANCE COMPANIES, Defendant. No. 99-CV-135-J. United States District Court, D. Wyoming. February 7, 2000. *1271 Joseph E. Darrah, Darrall & Darrall, Powell, Donald James Rissler, Central Wyoming Law Associates, Riverton, WY, for plaintiff. Geor...
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MEMORANDUM-DECISION & ORDER Plaintiff Norman Findlay brings the instant action against Defendants Reynolds Metals Company, Inc. (“Reynolds”) and Aluminum, Brick and Glass Workers International Union Local 450 (“Local 450”), alleging that Defendants unlawfully discriminated against him on the basis of his race and color; denied him equal employment opportunities; and retaliated against him...
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84 F.Supp.2d 1094 (2000) Hollie BERMUDEZ, Plaintiff, v. UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, Defendant. No. CV 00-182-GAF. United States District Court, C.D. California. February 4, 2000. Hollie Bermudez, pro se. David E. Pinchas, AUSA, Los Angeles, CA, for defendant. ORDER DENYING DEFENDANT'S MOTION TO DISMISS FEESS, District Judge. I. INTRODUCTION This motion resurrects ...
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MEMORANDUM OF DECISION AND ORDER This case was commenced by the plaintiffs in August 1993 and resulted several *78 written decisions by this Court and an opinion by the Second Circuit including White v. White Rose, 930 F.Supp. 814 (E.D.N.Y.1996), aff'd in part, rev’d in part, White v. White Rose, 128 F.3d 110 (2d Cir.1997), on remand, White v. White Rose Food, 62 F.Supp.2d 878 (E.D.N....
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OPINION AND ORDER Before me is the issue of an employer’s obligation under a welfare plan to reimburse an employee for expensive medical treatment which the employee’s treating doctor has prescribed, but which the employer’s reviewing physicians do not find “medically necessary”. Plaintiff Judi Ri-senhoover brings this suit under the Employee Retirement Income Security Act (ERISA), 29...
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MEMORANDUM AND ORDER These five habeas corpus petitions are brought by aliens challenging final orders of removal. They each contend that statutory changes from 1996 rendering certain convicted felons ineligible for discretionary waivers of deportation do not apply to them since their criminal conduct took place before enactment of those statutes. The government challenges the court’s...
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MEMORANDUM OF DECISION AND ORDER Paul Dubrowsky (“Dubrowsky” the “debtor” or the “appellant”), appeals from a final order dated September 20, 1996 based on an August 22, 1996 written decision by United States Bankruptcy Judge Dorothy Eisenberg. In her decision, Judge Eisenberg denied Dubrowsky’s request for a discharge in bankruptcy pursuant to 11 U.S.C. §§ 727(a)(2)(A) and 727(a)(4)(...
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82 F. Supp. 2d 1060 (2000) Mark WHALEY, Plaintiff, v. UNITED STATES of America, acting through The Central Intelligence Agency; The Central Intelligence Agency; George J. Tenet, Director of The Central Intelligence Agency; and Mutual of Omaha Insurance Company, Defendants. No. 4:99CV3212. United States District Court, D. Nebraska. February 4, 2000. Vincent M. Powers, Kathleen M. Neary, Lincoln, N...
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85 F. Supp. 2d 962 (2000) SHOTGUN DELIVERY, INC., Plaintiff, v. UNITED STATES of America, Defendant. No. C-98-4835 SC. United States District Court, N.D. California. January 20, 2000. Dennis L. Perez, Steven D. Blanc, Hochman Salkin, Rettig, Toscher & Perez, Beverly Hills, CA, for Shotgun Delivery Inc., plaintiff. Thomas E. Moore, III, U.S. Dept of Justice Torts, Civil Division, San Francisco...
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85 F.Supp.2d 967 (2000) Lori BARBER, Plaintiff, v. UNITED STATES of America, Defendant. No. C-96-4586 MHP. United States District Court, N.D. California. January 31, 2000. Robert H. Daniels, San Francisco, CA, for Lori Barber, plaintiff. Thomas Moore, U.S. Attorney's Office, San Francisco, CA, for USA, defendant. MEMORANDUM AND ORDER PATEL, Chief Judge. On December 20, 1996, Plaintiff Lori Barbe...
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84 F. Supp. 2d 340 (2000) TOLEDO PEORIA & WESTERN RAILWAY CORPORATION, Plaintiff, v. SOUTHERN ILLINOIS RAILCAR COMPANY, Defendant. No. 99-CV-485 LEK/GLS. United States District Court, N.D. New York. February 3, 2000. *341 Thomas E. Myers, Bond, Schoeneck Law Firm, Syracuse, NY, for plaintiff. Edward Gozigian, Gozigian, Washburn Law Firm, Cooperstown, NY, Eric D. Martin, pro hac vice, Blackwel...
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MEMORANDUM OPINION AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION FOR SUMMARY JUDGMENT This matter is before the court on “Defendant Interstate Brands Corporation’s Motion for Summary Judgment” (Dkt.# 78), filed on September 22, 1998. On November 10, 1998, a sealed response in opposition to the motion was filed by Piggly Wiggly Clarksville, Inc., Abraham’s Food Town, Inc., St...
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MEMORANDUM DECISION AND ORDER By Order dated January 18, 2000, this court required that defendants appear at a February 1, 2000 proceeding to show cause why a preliminary injunction should not be issued that mandates defendants’ compliance with, inter alia, the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12131-34 (“ADA”), in their oversight of polling places. Defendan...
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MEMORANDUM DECISION AND ORDER By Order dated January 18, 2000, this court required that defendants appear at a February 1, 2000 proceeding to show cause why a preliminary injunction should not be issued that mandates defendants’ compliance with, inter alia, the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12131-34 (“ADA”), in their oversight of polling places. Defendan...
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MEMORANDUM — DECISION AND ORDER Plaintiff alleges sexual harassment against Defendants in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq. (“Title VII”), and pendent state claims. Defendant Berghorn moves to dismiss the complaint and defendant Olympic Regional Development Authority (“ORDA”) for summary judgment. For the reasons s...
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MEMORANDUM ORDER On February 1, 2000, plaintiffs A1 Nawasi Trading Company (“Al Nawasi”), LASMO Exploration (Middle East) Limited (“LAS-MO”), and Khaleej Petroleum Company (“Khaleej”) commenced this action, seeking to enjoin defendants BP Amoco Corporation (“BP Amoco”) and Amoco Overseas Exploration Company (“Amoco Overseas”) from excluding them (until the matter can be resolved by arbitration)...
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MEMORANDUM DECISION AND ORDER Currently before the court is defendant New York State Department of Environmental Conservation’s (“NYSDEC”) motion to dismiss, which plaintiff opposes, as well as plaintiffs cross-motion to amend, which NYSDEC opposes. For the reasons that follow, the court grants both motions. BACKGROUND Plaintiff, an environmental concern, brings this action to c...
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MEMORANDUM OPINION AND ORDER Defendant Slow Dancing Music, Inc. (“Slow Dancing”), brings the instant motion to dismiss for failure to prosecute pursuant to Rule 41(b) of the Federal Rules of Civil Procedure. Plaintiff Molly Shad (“Shad”) opposes the motion arguing that the delay was the product of settlement negotiations, that she received no prior warning regarding her failure to pursue the actio...
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ORDER This matter is before me on motion of defendant Tracy Neil Lomax to vacate, set aside, or correct sentence pursuant to 28 U.S.C. § 2255 (# 106), filed January 7, 1999. Because the motion is untimely and the parties’ submissions conclusively show that defendant is entitled to no relief, the motion is denied without an evidentiary hearing. PROCEDURAL HISTORY In April 199...
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MEMORANDUM OPINION AND ORDER Defendants move for summary judgment, and for reconsideration of my November 12, 1999 order granting Plaintiffs’ motion to supplement their response to Defendants’ summary judgment motion with an affidavit. Alternatively, Defendants move for permission to file a supplemental reply in support of their motion for summary judgment so that they can reply to the ne...
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*135 MEMORANDUM AND ORDER Plaintiffs The Intimate Bookshop Inc. (“Intimate”) and Wallace Kuralt (“Kuralt”) filed this action on August 5, 1998 alleging violations of federal antitrust law and state law against numerous defendant retail bookstores and publishers. Thereafter, Kuralt withdrew all of his claims, and Intimate voluntarily dismissed its claims against a number of de...
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85 F. Supp. 2d 246 (2000) Vernon BOWDEN, Petitioner, v. John KEANE, Superintendent, Woodburne Correctional Facility, Dennis C. Vacco, Attorney General of New York, Respondents. No. 98 Civ. 4203JES. United States District Court, S.D. New York. February 10, 2000. *247 Judith Preble, Sue Wycoff, Legal Aid Society, New York City, for petitioner. *248 Eliot Spitzer, Atty Gen., New York City, for respo...
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OPINION OF THE COURT Appellant Jamel R. Rivera ["Rivera"] appeals his Territorial Court jury conviction of assault in the first degree, V.I. Code Ann. *204tit. 14, § 295(1), on three grounds. First, Rivera argues that his trial attorney provided ineffective assistance of counsel. Second, he asserts that the trial court committed plain error or violated his right to present witnesses and a defense...
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84 F.Supp.2d 344 (2000) PLUMBERS, PIPEFITTERS AND APPRENTICES LOCAL UNION NO. 112 PENSION, HEALTH AND EDUCATIONAL AND APPRENTICESHIP PLANS, by George FISH, as Fund Administrator, and Local Union No. 112 of the United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, by Wayne Howard, as Business Manager; Plaintiffs, v. MAURO'S PLUMB...
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OPINION OF THE COURT When Appellee A&J Power Systems ["A&J Power"] installed a new generator in appellant Roland Spell's ["Spell"] sailboat, the "Nicte Ha," it presented him with an invoice in the amount of $4,943.60. Spell had not received an estimate for the generator and sincerely believed that A&J Power was overcharging him for the work performed, so he wrote a $2,500.00 check to the appellee...
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MEMORANDUM & ORDER Petitioner-Respondent brought this action to confirm an arbitration award granted by the National Association of Securities Dealers, Inc. (the “NASD”) pursuant to the Federal Arbitration Act, 9 U.S.C. §§ 9 and 13. The arbitrators awarded compensatory and punitive damages as well as injunctive relief to Petitioner-Respondent Raymond J. Acciardo. Respo ndents-Cross-Pe...
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84 F.Supp.2d 516 (2000) Joseph Anthony TOMASINI Plaintiff, v. The WALT DISNEY COMPANY, Walt Disney Pictures and Television, Buena Vista Television, Disney Interactive, Inc., and ABC, Inc., Defendants. No. 97 Civ. 8989(SHS). United States District Court, S.D. New York. February 14, 2000. *517 Carl E. Person, New York City, for Joseph Anthony Tomasini. Joseph Anthony Tomasini, Cross River, NY, pro ...
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84 F.Supp.2d 213 (2000) Lynne STANDIFIRD, Plaintiff, v. TOWN OF BOXBOROUGH, Defendant. No. CIV. A. 99-11592-WGY. United States District Court, D. Massachusetts. February 4, 2000. *214 Lynne Standifird, Nolensville, TN, Pro se. John J. Davis, Pierce, Davis, Fahey & Perritano, LLP, Deirdre W. Savage, Pierce, Davis, Fahey & Perritano, LLP, John J. Cloherty, Pierce, Davis, Fahey & Perrita...
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MEMORANDUM I. Introduction Traditionally, the sovereign is immune from claims and suits by its subjects. The United States government is willing to come into its courts and defend against such claims but is unwilling to subject itself to trial by jury. See 28 U.S.C. § 2402. Therefore, so much of this case, as makes a claim against the United States under the Fe...
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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 (Doc. 1). Petitioner appeals his convictions of robbery and criminal deprivation of property. Petitioner argues there is insufficient evidence to support his convictions. He also alleges prosecutorial misconduct, erroneous jury instructions, and ineffective assistance of app...
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DECISION AND ORDER INTRODUCTION Currently before the Court is the motion of defendants NYNEX Corporation, NYNEX Material Enterprises (“MECo”), and New York Telephone (“NYT”), (referred to collectively herein as “NYNEX”), pursuant to Rules 12(b)(6) and 56 of the Federal Rules of Civil Procedure, for summary judgment dismissing the complaint. Oral argument on the motion was held on...
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MEMORANDUM OPINION AND ORDER [¶ 1] Plaintiff Schlimgen filed a complaint against the City of Rapid City and its former mayor, Edward McLaughlin, claiming that he had been terminated from his job in violation of 42 U.S.C. § 1983 because he exercised his First Amendment right to fi-eedom of speech and that he was wrongfully discharged in violation of state law. Rapid City moves for summary ...
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81 F. Supp. 2d 952 (2000) Brian MEHAFFEY, Petitioner, v. Kenneth S. APFEL, Commissioner of Social Security, Defendant. No. C98-4101-MWB. United States District Court, N.D. Iowa, Western Division. February 3, 2000. Gregory W. Peterson of Elverson, Vasey & Peterson, L.L.P., Des Moines, IA, for Petitioner. Martha A. Fagg, Assistant United States Attorney, Sioux City, IA, for Defendant. MEMORANDU...
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84 F. Supp. 2d 1029 (2000) ASSOCIATED CONTRACT LOGGERS, INC., et al. v. UNITED STATES FOREST SERVICE et al. No. 99-CV-1485(JMR/RLE). United States District Court, D. Minnesota. February 8, 2000. *1030 Stephen B. Young, Winthrop Consulting, Minneapolis, MN, for Associated Contract *1031 Loggers, Inc., Olson Logging, Inc., plaintiffs. Mary Trippler, U.S. Attorney, Ernest W. Grumbles, III, Bridget A...
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ORDER Pending before the Court is a litany of Co-defendants’, Julio César Román (“Cé-sar”), Luis Torres Massa (“Torres”), Juan del Valle (“Valle”), and César Soto (“Soto”), motions for summary judgment (Docket Nos. 220, 221, 222, & 223), requesting the dismissal of this case pursuant to the applicable statute of limitations. Plaintiffs, Carlos Rivera Ramos, Armando Rivera Tirado, and ...
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MEMORANDUM OPINION AND ORDER This matter is before the court on Capti-va Software Corporation’s motion to transfer venue to the Southern District of California, pursuant to 28 U.S.C. § 1404(a). For the reasons set forth below, the motion is GRANTED. I. FACTUAL AND PROCEDURAL HISTORY Plaintiff, Cognitronics Imaging Systems, Inc. (“Cognitronics”), filed a complaint in the ...
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85 F. Supp. 2d 629 (2000) UNITED STATES of America, v. Shawnta Lamont WARD, Defendant. No. 2:99CR22-003. United States District Court, E.D. Virginia, Norfolk Division. February 8, 2000. Darryl J. Mitchell, Assistant United States Attorney, Norfolk, VA, for USA. Rodolfo Cejas, II, Norfolk, VA, for defendant. OPINION AND ORDER REBECCA BEACH SMITH, District Judge. This matter comes before the court...
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OPINION AND ORDER This action was brought by the United States against two New York state agencies, the Department of Motor Vehicles (“DMV”) and the Department of Education (“SED”), and the Three Village Central School District (the “District”) under the Americans with Disabilities Act (the “ADA”). The case is the second to arise from the refusal of the Amboy Bus Company (“Amboy”) to ...
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82 F. Supp. 2d 1121 (2000) Young Hak SONG, Plaintiff, v. IMMIGRATION and NATURALIZATION SERVICE (INS); Mira Loma Detention Center of INS; Thomas Schiltgen, District Director of the INS; Doris Meissenger, Commissioner of the INS; Janet Reno, Attorney General of the United States; Leonard Kovensky, Assistant District Director of Deportation and Detention of the INS; and Deportation Officer Majorga,...
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OPINION AND ORDER Plaintiff ZPC 2000, Inc. (“ZPC”) brings this action against defendant SCA Group, Inc. (“SCA”) and its principal shareholder,George R. Stout (“Stout”), alleging various causes of action, including misappropriation of trade secrets, breach of contract, and four causes of action under the Illinois Limited Liability Company Act, 805 Ill. Comp. Stat. §§ 180/15-3(b), 15-3(d), ...
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ORDER This matter is before the Court on Plaintiffs Motion to Certify Class Action pursuant to Rule 23 of the Federal Rules of Civil Procedure; Plaintiffs Motion for Partial Summary Judgment; Defendant’s Motion to Dismiss; and Plaintiffs Motion to Compel Discovery. For the reasons discussed below, Plaintiffs’ Motion to Certify Class Action is GRANTED; Defendant’s Motion to Dismiss is DENIED; Pl...
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LETTER OPINION ORIGINAL ON FILE WITH CLERK OF THE COURT This matter comes before the Court on the appeal by plaintiffs from Magistrate Judge Ronald J. Hedges’ Letter Order filed February 16, 1999. This Court heard oral argument on April 8, 1999. For the reasons stated more particularly herein, the Order by Magistrate Judge Hedges is REVERSED. STATEMENT OF FACTS & PROCEDURAL HISTORY On June 12...
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MEMORANDUM OPINION AND ORDER Before the court is defendant Arlington International Racecourse, Incorporated’s motion for summary judgment pursuant to Federal Rule of Civil Procedure 56(c). For the following reasons, the court grants defendant’s motion for summary judgment. I. BACKGROUND1 Plaintiff Dana Hoffman-Dombrowski (“Dombrowski”) has worked for defendant Arlington International Racecourse...
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MEMORANDUM AND ORDER Rolando Velez Despaigne, an INS detainee confined in Berks County Prison, brings this action under 42 U.S.C. § 1983, alleging violations of his constitutional rights by various prison officials. Now before the court is the defendants’ motion for summary judgment. I. Background 1 On June 1,1999, Despaigne was involved in an altercation with Raymond Fairc-lough, anoth...
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MEMORANDUM This action is brought by Plaintiff Robert Earl Carney, a former truck driver, against his former employer, alleging six claims: (i) negligence; (ii) breach of employment contract; (iii) intentional infliction of emotional distress; (iv) wrongful discharge; (v) civil RICO claims; and (vi) civil conspiracy. Defendant has filed a motion to dismiss Plaintiffs claim. 1 F...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW The Office of Probation petitions this court to revoke Keith Richardson’s super *459 vised release. After a hearing, and upon consideration of all the evidence of record, the court makes the following findings of fact and conclusions of law. Findings of Fact 1. On November 21,1995, Mr. Richardson was sentenced to thirty-six months imprisonment f...
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84 F.Supp.2d 508 (2000) Arthur James GRIFFIN, III, Individually and on Behalf of all Others Similarly Situated, Plaintiffs, v. PAINEWEBBER INCORPORATED, CIBC Wood Gundy Securities Corp., Furman Selz, Garth Drabinsky, Myron I. Gottlieb, Robert Topol, Gordon Eckstein, Thomas H. Lee and Deloitte & Touche, Chartered Accountants, Defendants. No. 99 CIV. 2292(RWS). United States District Court, S.D...
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OPINION AND ORDER REGARDING (1) DEFENDANT’S MOTION FOR NEW TRIAL AND AMENDMENT OF JUDGMENT; (2) PLAINTIFF’S MOTION FOR AMENDMENT OF JUDGMENT; AND (3) PLAINTIFF’S MOTION FOR ATTORNEYS’FEES I. INTRODUCTION This matter is before the Court on a number of post-trial motions, to-wit, (1) Defendant’s Motion ■ for New Trial and Amendment of Judgment; (2) Plaintiffs Motion for Ame...
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OPINION AND ORDER This matter is before the Court for consideration of Plaintiffs’ Motion for a Preliminary Injunction. Plaintiff, Marc E. Dann (“Dann”), is a candidate in the March 7, 2000 Democratic Party primary for the office of State Senate. Dann, together with Plaintiff, Marc Dann for Senate, his campaign committee, seeks to enjoin the Defendant, J. Kenneth Blackwell, the Ohio S...
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OPINION AND ORDER This matter is before the Court for consideration of the defendants’ combined motion to dismiss, or alternatively, for a more definite statement and for summary judgment together with a motion for a more definite statement pursuant to Rule 12(e). (Doc. 5). I. The Court will first consider the defendants’ motion to dismiss, made pursuant to Fed.R.Civ.P. 12(b)(6) and for summary ...
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84 F. Supp. 2d 522 (2000) Yoko Ono LENNON, Plaintiff, v. Frederic SEAMAN, Defendant. No. 99 Civ. 2664(LBS). United States District Court, S.D. New York. February 15, 2000. *523 Amy J. Lippman, Rubin, Baum, Levin, Constant & Friedman, New York City, for plaintiff. Moira A. Crouch, New York City, for defendant. MEMORANDUM AND ORDER SAND, District Judge. In an earlier opinion, this Court addres...
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ORDER On this date the court considered Plaintiffs Motion for Reconsideration of Partial Summary Judgment, Plaintiffs Motion to Amend Complaint, and Plaintiffs Motion for Leave to Supplement Witness List, as well as Defendant’s responses to these motions. The United States has indicated that it does not oppose the Motion for Leave to Supplement Witness List to the extent that it only adds...
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85 F. Supp. 2d 980 (2000) Vito CAMPANELLI, et al., Plaintiffs, v. ALLSTATE INS. CO., et al., Defendants. No. CV 98-7185 RJK. United States District Court, C.D. California. February 7, 2000. *981 Norman J. Watkins, Ruth Segal, Lynberg & Watkins, Los Angeles, CA, for Plaintiffs. Peter H. Klee, Nathan S. Arrington, Luce Forward Hamilton & Scripps, San Diego, CA, for Defendants. ORDER GRANTI...
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MEMORANDUM OPINION AND ORDER Tony Hillard sued the defendants, corrections officers at Cook County Jail, for excessive use of force, alleging that he was beaten. After a trial, the jury found each of the defendants not liable. Following the verdict, I asked Mr. Hillard if he wished to move for a new trial as is his right under Federal Rule of Civil Procedure 59, and he responded affirmatively. ...
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OPINION AND ORDER Plaintiffs, Robert Turley and Tyrone Hamlette, are professional street musicians who perform in and around the Times Square area. They bring this action to vindicate their First Amendment right to play reasonably amplified music on the sidewalks and traffic islands which comprise Times Square. Plaintiffs have moved for a preliminary injunction enjoining and restraini...
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84 F. Supp. 2d 980 (2000) F. McCONNELL & SONS, INC., Plaintiff, v. TARGET DATA SYSTEMS, INC., Defendant. No. 1:98-CV-312. United States District Court, N.D. Indiana, Fort Wayne Division. February 9, 2000. *981 Alan VerPlanck, James Fenton, Eilbacher Scott Inc, Fort Wayne, IN, for F. McConnell and Sons, Inc., Plaintiff. Martin T Fletcher, Sr, Rothberg and Logan, Fort Wayne, IN, Brian P Daniels...
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MEMORANDUM OPINION AND ORDER Plaintiffs Phoenix Container L.P. (“Phoenix”) and Yasar Samarah (“Sama-rah”), as an individual and in his capacity as a general partner of Phoenix, brought two different suits in state court alleging breach of contract, breach of fiduciary duties, and other claims against defendants Joel Schonfeld and Schonfeld & Weinstein (“the Schonfeld defend...
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MEMORANDUM OF DECISION AND ORDER On September 27, 1996 Kingsley Maw-hirt (“Mawhirt” or the “plaintiff’) commenced this action alleging violations of his procedural and substantive due process *84 rights as well as state law cause of action for false imprisonment and assault and battery in connection with two involuntary admissions to the University Hospital at Stony Brook...
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ORDER DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT Plaintiff Kingvision Pay Per View, Ltd. sued defendant David M. Wilson, the owner of Shelby’s Bar and Grill, for unauthorized interception and display of a broadcast of a series of boxing matches in violation of sections 553 and 605 of the Cable Communications Policy Act of 1984, 42 U.S.C. § 521 et seq. Defendant now moves t...
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OPINION Ometrius Perez sues the County of Westchester and doctors Ralph Nager and Edward Herman in their official and personal capacities under 42 U.S.C. § 1983 for violating his rights under the First, Fourth, Eighth, and Fourteenth Amendments of the United States Constitution. Perez contends that he was mistreated in late 1994 and early 1995 while incarcerated at the Westchester Cou...
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84 F. Supp. 2d 784 (2000) UNITED STATES of America, Plaintiff, v. Lonnie GIBSON and E. Carol Gibson, Defendants. No. Crim.A. 2:99-00092. United States District Court, S.D. West Virginia, Charleston Division. February 14, 2000. *785 L. Anna Crawford, Assistant United States Attorney, Charleston, WV, for plaintiff. Brian J. Kornbrath, Assistant Federal Public Defender, Charleston, WV, Michael R. Cl...
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122 F. Supp. 2d 910 (2000) Toni VANCE, Plaintiff, v. DISPATCH MANAGEMENT SERVICE D/B/A Deadline Express, Defendant. No. 99 C 6631. United States District Court, N.D. Illinois, Eastern Division. February 3, 2000. Jeffrey M. Jacobson, Law Office of Jeffrey M. Jacobson, Chicago, IL, for Plaintiff. Michael T. Roumell, Epstein, Becker & Green, Chicago, IL, for Defendant. MEMORANDUM OPINION AND OR...
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ORDER GRANTING DEFENDANT’S MOTION TO DISMISS In March of 1997, the U.S. Attorney’s Office for the Southern District of Texas posted a “News Release” on its website which falsely asserted that Plaintiffs had been indicted by a federal grand jury on charges of mail fraud and money laundering. Plaintiffs filed the present action on November 8, 1999, seeking money damages from the United ...
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82 F. Supp. 2d 749 (2000) Jesus ABREU, Petitioner, v. Stephen J. HUFFMAN, Respondent. No. 1:98 CV 2958. United States District Court, N.D. Ohio, Eastern Division. February 2, 2000. *750 Jesus Abreu, Lebanon, OH, petitioner pro se. Delores J. Hildebrandt, Office of the Attorney General, Cincinnati, OH, Stephanie L. Watson, Office of the Attorney General, Corrections Litigation Section, Columbus, O...
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MEMORANDUM OPINION AND ORDER Plaintiff Ralph Boekemeier, a former employee of defendants the Fourth Uni-versalist Society in the City of New York (“Church”) and the Board of Trustees of Fourth Universalist Society in the City of New York (“Board”), brings the instant action against defendants pursuant to the Fair Labor Standards Act (“FLSA” or the “Act”), 29 U.S.C. § 201 et. seq., ...
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ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT THIS CAUSE came before the Court upon Defendant’s Motion for Summary Judgment (d.e.# 15), filed on January 15, 2000. THE COURT has considered the motion, responses and the pertinent portions of the record, and is otherwise fully advised in the premises. The Court finds that jurisdiction is proper and this action is go...
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OPINION AND ORDER This cause is before the Court on two motions. The first is the Defendants’ Motion for Summary Judgment and Motion to Strike Plaintiffs’ Amended Designation of Expert Witnesses. The second motion considered by the Court is the Motion for Summary Judgment by Defendant Timothy D. Estes, M.D. Having considered the Motions, Responses, supporting and opposing authority, and all att...
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84 F.Supp.2d 1339 (2000) Johnny REYNOLDS, et al., Plaintiffs, v. ALABAMA DEPARTMENT OF TRANSPORTATION, et al., Defendants. No. CIV.A. 85-T-665-N. United States District Court, M.D. Alabama, Northern Division. January 31, 2000. *1340 Robert L. Wiggins, Jr., Ann K. Wiggins, Russell W. Adams, Abigail P. van Alstyne, Kimberly C. Page, Scott Gilliland, and Kell A. Simon, Gordon, Silberman, Wiggins &am...
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MEMORANDUM OPINION I. INTRODUCTION This cause is before the court on a Motion to Dismiss without prejudice (Doc. # 10) filed by the Plaintiff, Carl S. Berry, on December 15.1999. The Plaintiff originally filed this action for a Declaratory Judgment in the Circuit Court of Dale County, Aabama. The Plaintiff sought a declaration that the Defendant is required to defend and indemnify him in a sepa...
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OPINION This opinion addresses the question whether an agent of the FBI can testify as a forensic stylistic expert and whether forensic stylistics is a rehable technique to allow the expert to identify Defendant as the author of unidentified threatening letters. This matter comes before the Court on the Defendant’s in limine motion to exclude the testimony of the Gover...
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82 F. Supp. 2d 992 (2000) Sanford GIBSON, Petitioner, v. Steven PUCKETT, Program Review Offender Classification Chief, Wisconsin Department of Corrections, Respondent. No. 99-C-1294. United States District Court, E.D. Wisconsin. February 14, 2000. *993 Sanford Gibson, pro se. Mary Burke, Ass't Atty. General, for Respondent. DECISION AND ORDER ADELMAN, District Judge. In this habeas corpus action...
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MEMORANDUM AND ORDER This is an action stemming from the termination of plaintiff Carol Cohen’s employment after she took unpaid leave to care for her ailing father. Cohen brings claims under the Family and Medical Leave Act of 1993, 29 U.S.C. §§ 2601-2654 (1999) (“FMLA”), 42 U.S.C. § 1983 (Supp. 1999), 42 U.S.C. § 1985 (1994), and the Employment Retirement Income Security Act of 1974, 29...
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85 F. Supp. 2d 95 (2000) ACCESSORIES & COMMUNICATION SYSTEMS INC., Plaintiff, v. NORTEL CALA INC., Defendant. No. Civ. 98-1967CCC. United States District Court, D. Puerto Rico. January 25, 2000. A.J. Bennazar-Zequeira, Hato Rey, PR, Andrés J. García-Arregui, Hato Rey, PR, for plaintiff. John F. Malley, Hato Rey, PR, for defendant. OPINION AND ORDER CEREZO, District Judge. This action is befo...
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MEMORANDUM OPINION AND ORDER The Yankton Sioux Tribe, a federally recognized Indian Tribe (the “Tribe”), brought this lawsuit to protect what appear to be Native American human remains on the shore of Lake Francis Case (the “Lake”) behind Fort Randall Dam. Through its complaint, the Tribe seeks a preliminary injunction preventing defendant, the United States Army Corps of Engineers (the “...
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OPINION AND ORDER Plaintiffs, employees of the state of Wisconsin, filed this complaint in Dane County Circuit Court, contending that defendants violated the Fair Labor Standards Act, 29 U.S.C. §§ 201-219, by requiring plaintiffs to perform essential job duties without compensation before and after their work shifts. Plaintiffs seek declaratory, injunc-tive and monetary relief. Defendants...
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OPINION This is a civil rights case. Plaintiffs Charles Crissman, Wendy Crissman and Christine Crissman (collectively, the “Crissmans”) are Delaware citizens who own and train harness racing horses. Defendant Dover Downs, Inc. (“Dover Downs”) is a Delaware corporation that operates a harness racing facility in Dover, Delaware. On November 5, 1999, the Crissmans filed a complaint under 42 U.S....
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84 F.Supp.2d 716 (2000) In the Matter of the Complaint of The NATIONAL SHIPPING COMPANY OF SAUDI ARABIA, as owner, and Mideast Ship Management Limited, as operator, of M/V Saudi Riyadh for Exoneration from or Limitation of Liability. Civil Action No. 2:99cv223. United States District Court, E.D. Virginia, Norfolk Division. February 17, 2000. *717 Peter F. Frost, U.S. Department of Justice, Torts ...
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MEMORANDUM OPINION AND ORDER Before the court is Defendants’ Supplemental Motion for Summary Judgment, filed November 30, 1998. Upon consideration of the motion, Plaintiffs’ response, Defendants’ reply, the entire summary judgment record, and the applicable law, the court grants in part and denies in part Defendants’ Supplemental Motion for Summary Judgment. Specifically, the court gr...
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ORDER (1) DENYING MOTION TO MODIFY SENTENCE AND/OR EARLY DEPORTATION; AND (2) DENYING CERTIFICATE OF AP-PEALABILITY [Doc. No. 174] Movant Fernando Lizarraga-Lopez (“Lizarraga-Lopez”), a prisoner in federal custody proceeding pro se, brings this motion to modify his sentence in order to be deported five months prior to the expiration of his sentence, pursuant to the pre-release custody provisi...
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MEMORANDUM OPINION AND ORDER In this action for a declaratory judgment, plaintiff Paco Sport, Ltd., (“Paco Sport”) 1 seeks a declaration that its use of the trademarks PACO and PACO SPORT on clothing does not infringe upon the rights of defendant Paco Rabanne Parfums (“Paco Rabanne”), in its federally registered trademarks PACO and PACO RA-BANNE. See Complaint at ¶¶ ...
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OPINION AND ORDER Plaintiff Andrew Harris, an African-American of West Indian descent, brings this action against defendant Allstate Insurance Company (“Allstate”) alleging nine causes of action regarding Allstate’s disclaimer of coverage for the theft of plaintiffs automobile. 1 Plaintiff claims that Allstate (1) disclaimed coverage based on his race in violation of the Ci...
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OPINION AND ORDER Plaintiff, Julianne Eisenberg, brings this action under Title VII of the Civil Rights Act of 1964 (“Title VII”), 42 U.S.C. §§ 2000e-2, et seq., and the New York State Human Rights Law, New York Executive Law §§ 290, et seq., in which she alleges that she was subjected to a hostile work environment, discriminated against and terminated by defendants on the basis of her sex, a...
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*679 MEMORANDUM OPINION Plaintiff, RoadTechs, Inc. (“RoadTechs”) has filed a Motion to Show Cause against the defendants, MJ Highway Technology, Ltd. (“MJ Highway”) and Marketing Associates, Inc. (“MAI”) to show cause why they should not be held in contempt of a Consent Order entered by the Court on September 3, 1999 (“the Consent Order”). 1 RoadTechs has also filed a ...
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*288 MEMORANDUM AND ORDER The Court must decide whether to let stand a $900,000 jury verdict for the plaintiff, Steven W. Arnold (“Arnold”), against the municipal defendants, The County of Nassau and The Sheriff of Nassau County (collectively “County”), for failing to protect him from being assaulted and severely beaten by fellow inmates while being held as a pre-trial detain...
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OPINION AND ORDER This case is before the Court on the plaintiffs’ motion to dismiss a counterclaim filed by defendants Metro Computers, Inc., Manuel González and the conjugal partnership with his wife (hereinafter, collectively, “Metro”) for the alleged wrongful procurement of an ex parte seizure and impounding order. (Docket # 37). Because Metro’s counterclaim (Docket #47) fails to stat...
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OPINION AND ORDER Pending before the Court is a motion for summary judgement filed by defendant MAI del Caribe, Inc. (Docket #50) and its concomitant opposition filed by plaintiff Angel Ortiz-Molina (Docket # 51). Upon careful consideration of the parties’ arguments and the applicable law, MAPs motion for summary judgement is GRANTED. I. Factual Background This is a suit brought by plaintif...
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OPINION AND ORDER GRANTING DEFENDANT CSKG, INC.’S MOTION FOR SUMMARY JUDGMENT I. INTRODUCTION This suit arises from the alleged breach of a contract of indemnification between defendant CSKG, Inc., (CSKG) and plaintiff Perry Drug Stores, Inc. (Perry). In an earlier opinion, I dismissed former defendant CSKG Auto, Inc., a parent corporation of CSKG, for lack of personal jurisdiction. See Opinion...
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85 F. Supp. 2d 479 (2000) Sanford KREVSKY, Plaintiff, v. EQUIFAX CHECK SERVICES, INC., Defendant. Civil Action No. 1:CV-99-1905. United States District Court, M.D. Pennsylvania. February 14, 2000. Deanna Lynn Smith, Enola, PA, for plaintiff. J. Stephen Feinour, Nauman, Smith, Shissler & Hall, Harrisburg, PA, J. Anthony Love, Kirkpatrick Stockton LLP, Atlanta, GA, for defendant. MEMORANDUM CA...
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82 F. Supp. 2d 561 (2000) Allen D. CARTER, Plaintiff, v. ARLINGTON PUBLIC SCHOOL SYSTEM, et al., Defendants. No. Civ.A. 99-1514-A. United States District Court, E.D. Virginia, Alexandria Division. February 18, 2000. *562 Charles George Aschmann, Jr., Alexandria, VA, for plaintiff. Benjamin James Trichilo, Trichilo, Bancroft, McGavin, Horvath & Judkins, P.C., Fairfax, VA, for defendants. MEMO...
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MEMORANDUM OPINION Pro se plaintiff Barry Hall (“Hall”), an inmate at Red Onion State Prison in Pound, Virginia, brings this action against K. McCoy (“McCoy”) and John Does # 1-5, correctional officers at Red Onion (collectively, the “officers”), pursuant to 42 U.S.C. § 1983. Hall alleges that the officers subjected him to excessive force in violation of his rights under the Ei...
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85 F. Supp. 2d 1001 (2000) FULL DRAW PRODUCTIONS, a Colorado corporation, Plaintiff, v. EASTON SPORTS, INC., a California corporation; Papes, Inc., a Kentucky corporation; Browning Arms Company, a Utah corporation; Precision Shooting Equipment, a Delaware corporation; Hoyt U.S.A., Inc., a California *1002 corporation; Bear Archery, Inc., a Delaware corporation; ACI Consolidated, Inc., a Michigan ...
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MEMORANDUM AND ORDER This is a patent infringement suit in which Plaintiff sued Defendant for infringement of two of its patents and Defendant filed counterclaims seeking declarations that one of Plaintiffs patents was invalid under 35 U.S.C. § 102, and that both of the patents at issue were unenforceable due to inequitable conduct before the U.S.Patent and Trademark Office. (Filing 250, Order on...
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MEMORANDUM AND ORDER This case arises out of an employment agency placement arrangement entered into between plaintiff Lawrence J. Steinert and defendants James G. Winn and the Winn Group, Inc. Plaintiff alleges defendants violated his rights both during the course of and as a result of his dealings with defendants. Plaintiff claims his civil rights were violated under 42 U.S.C. §§ 19...
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85 F. Supp. 2d 252 (2000) Vivian M. MARK, Rebecca A. Meyer, & Carmen Maza, Plaintiffs, v. The MOUNT SINAI HOSPITAL, Defendant. Nos. 97 Civ.1947(CBM), 97 Civ. 4841(CBM) and 98 Civ. 4774(CBM). United States District Court, S.D. New York. February 18, 2000. *253 *254 *255 Eugene A. Gaer, Theodore M. Simon, New York City, for Plaintiffs. Proskauer Rose LLP by Joseph Baumgarten, New York City, for...
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82 F. Supp. 2d 1212 (2000) Adriana VANLERBERGHE, Plaintiff, v. Kenneth APFEL, Commissioner of Social Security, Defendant. No. Civ.A. 98-2443-CM. United States District Court, D. Kansas. January 3, 2000. Robert B. Van Cleave, Overland Park, KS, for Adriana Vanlerberghe, plaintiff. Robert A. Olsen, Office of United States Attorney, Kansas City, KS, for Social Security, Commissioner of, Kenneth Apfe...
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MEMORANDUM AND ORDER Pending before the Court is plaintiffs Motion for Leave to Amend (Doc. 64) filed October 22, 1999. The Court considers this matter ready for ruling, as the time in which plaintiff could have filed a reply has now passed without comment from plaintiff.1 In his motion, plaintiff requests the Court for leave to amend his complaint by adding four new causes of action against th...
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82 F. Supp. 2d 1230 (2000) Dr. Cynthia ANNETT, PH.D. and Dr. Raymond Pierotti, PH.D., Plaintiffs, v. UNIVERSITY OF KANSAS, and Dr. Thomas Taylor, PH.D., in his personal capacity, Defendants. No. Civ.A. 99-2070-CM. United States District Court, D. Kansas. January 26, 2000. *1231 *1232 Alan V. Johnson, Sloan, Listrom, Eisenbarth, Sloan & Glassman, Topeka, KS, for Cynthia Annett, PH.D, plaintiff...
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84 F.Supp.2d 1039 (2000) Leo J. UTECHT, Plaintiff, v. Mary Lou OLSON and DT Labs/Bio-Protective Products, Inc., a Minnesota corporation, Defendants and Third Party Plaintiffs, and Protect Medical Products, Inc., Third Party Defendant. No. Civ. 99-711(PAM/JGL). United States District Court, D. Minnesota. February 16, 2000. Norman P. Friederichs, Friederichs Law Office, Minneapolis, MN, for Leo J. ...
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*608 MEMORANDUM OPINION AND ORDER This case poses the problem of what a court is to do when nonparties in class action cases apparently attempt to cash in on a settlement reached by the parties by sending misleading communications to class members. In October 1999, I gave preliminary approval for a settlement agreement in this class action lawsuit concerning antitrust and related violations in ...
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84 F.Supp.2d 357 (2000) UPSTATE SHREDDING, LLC and Ben Weitsman & Son, Inc., Plaintiffs, v. CARLOSS WELL SUPPLY CO. (d/b/a Carloss Company); and Dresser Equipment Group, Inc. (d/b/a Waukesha Engine), Defendants. Carloss Well Supply Co. (d/b/a Carloss Company), Third-Party Plaintiff, v. Eaton Corporation; Young Radiator Co.,; and W.A. Kraft Corp., Third-Party Defendants. No. 3:99-CV-751. Unite...
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84 F.Supp.2d 720 (2000) Sue B. FRANKLIN, et al., Plaintiffs, v. FIRST UNION CORPORATION, et al., Defendants. No. Civ.A. 3:99CV344. United States District Court, E.D. Virginia, Richmond Division. February 17, 2000. *721 Frank Neil Cowan, Cowan & Owen, Everette G. Allen, Jr., Hirschler, Fleischer, Weinberg, Cox, & Allen, David R. Simonsen, Jr., John R. Walk, Hirschler, Fleischer, Weinberg, ...
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ORDER This matter is before the Court on the Plaintiffs’ Application for Rehearing and Motion to Alter or .Amend Order and responsive brief (99-166, Docs. 78 and 86; 99-167, Docs. 69 and 77) and Defendants’ Motion to Strike, or in the Alternative, Motion to Dismiss Plaintiffs’ Application for Rehearing (99-166, Doc. 83; 99-167, Doc. 73). Procedural and Factual Background These suits, consolidat...
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ORDER GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT Plaintiff brings this action against Defendants for personal injuries arising under the Jones Act and general maritime law. Now before the Court is Defendants’ Motion for Summary Judgment, filed December 15, 1999. For the reasons stated below, the Motion for Summary Judgment is GRANTED. I. FACTUAL SUMMARY From March 1988 until December 1991...
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101 F. Supp. 2d 1013 (2000) Kwan CORTEZ and William Ramos, Plaintiffs, v. Deputy Sheriff Jim CLOSE, Deputy Sheriff Matthew Manion, Michael F. Sheahan, Sheriff of Cook County, County of Cook. Defendants. No. 99 C 2397. United States District Court, N.D. Illinois, Eastern Division. February 9, 2000. *1014 Blake Wolfe Horwitz, Law Offices of Blake Horwitz, Chicago, IL, for Plaintiff. MEMORANDUM OPI...
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MEMORANDUM AND ORDER Plaintiffs David and Susan Williams bring this action against defendant Hartford Casualty Insurance Company, alleging bad faith in its handling of their claim for underinsured motorist (UIM) benefits. Now before the court is Hartford’s motion for summary judgment. Because there is no clear and convincing evidence by which a reasonable jury could find bad faith, th...
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85 F. Supp. 2d 537 (2000) SUNSHINE SHOPPING CENTER, INC., Plaintiff, v. KMART CORPORATION, Defendant. No. Civ.1999-0099. District Court, Virgin Islands, D. St. Croix. January 27, 2000. *538 *539 Joel H. Holt, Diane M. Russell, Holt and Russell, Christiansted, VI, for plaintiff. Britain H. Bryant, Bryant, Barnes and Simpson, Christiansted, VI, for defendant. Memorandum Opinion FINCH, Chief Judge....
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*185OPINION OF THE COURT This appellate panel is called upon to decide: 1) whether the trial judge erred in denying appellant's motion to suppress his confession; 2) whether the trial judge abused his discretion in allowing the videotape of the crime scene; and 3) whether the trial court's felony murder instruction improperly advised the jury of the law. FACTS Barbara Cromwell ["Mrs. Cromwell"] wa...
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OPINION OF THE COURT THIS MATTER is before the Court on Frauke Feddersen's (''appellee'' or “Mrs. Feddersen") Corrected Verified Post Judgment Bill of Costs, Walter Feddersen's ("appellant" or "Mr. Feddersen") response in opposition thereto, and Mrs. Feddersen's reply. Also before the Court are Mrs. Feddersen's Motion to Allow the Filing for Extraordinary Circumstances, or in the Alternative, to ...
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84 F.Supp.2d 1176 (2000) Kathleen Marie BROWN, Plaintiff, v. Daniel O'BANNON, City and County of Denver, Joseph Duncan, Robyn Strongwater, Comitis Crisis Center, Defendants. No. Civ.A. 99-K-412. United States District Court, D. Colorado. February 17, 2000. *1177 Kathleen M. Brown, Denver, CO, plaintiff pro se. Theodore Samuel Halaby, John Arthur Halaby, Matthew Alan Samuelson, Halaby, Cross &...
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84 F. Supp. 2d 790 (2000) Betty Jean WORKMAN and Larry Workman, her husband, Plaintiffs, v. UNITED ARTISTS THEATRE CIRCUIT, INC., d.b.a. Kanawha Mall Cinemas and Wilmington Trust Co., Defendants. No. CIV.A. 2:99-0346. United States District Court, S.D. West Virginia, Charleston Division. February 17, 2000. *791 H. H. Roberts, Charleston, WV, for plaintiffs. Gary W. Hart and Cortland C. Putbrese, ...
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88 F. Supp. 2d 647 (2000) Michael Bruce THORNHILL, et. al., Plaintiffs, v. Marvin E. BREAZEALE, et. al., Defendants. No. Civ.A. 2:99-CV-35PG. United States District Court, S.D. Mississippi, Hattiesburg Division. February 10, 2000. *648 J. Andrew Phelps, J. Andrew Phelps, Attorney, Hattiesburg, MS, Mark Randall Holmes, Robison & Harbour, McComb, MS, John D. Smallwood, Glenn L. White, Holmes &a...
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MEMORANDUM OPINION AND ORDER ACCEPTING AND ENTERING CONSENT DECREE Pending is the joint motion of Plaintiffs and Defendant Director of the West Virginia Division of Environmental Protection (“WVDEP”) to enter a Consent Decree. 1 *716 The Consent Decree proposes resolution of Counts 4 through 10, 14 and 15 of the Second Amended Complaint, which comprise a...
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MEMORANDUM DECISION AND ORDER This matter is before the court on Defendant Kimberly-Clark Corporation’s Motion for Summary Judgment, or in the Alternative, Partial Summary Judgment. The parties have filed memoranda, affidavits, and other documents in support of and in opposition to defendant’s motion. The Court heard oral argument on January 16, 1999, and took the matter under advisement....
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MEMORANDUM Now before me are cross-motions for summary judgment. 1 For the reasons that follow, I will grant defendants’ motion and deny plaintiffs motion. 1. Background 2 Plaintiff brings claims against the City of Philadelphia and several police officers pursuant to 42 U.S.C. § 1983. She claims that, while she was having a heart attack, police officers f...
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106 F.Supp.2d 768 (2000) Theresa CARTER, as the personal representative of The Estate of Katie W. Carter, v. PHILIP MORRIS CORPORATION and Rite Aid Corporation of Pennsylvania. No. 99-4991. United States District Court, E.D. Pennsylvania. February 23, 2000. Marc P. Weingarten, Greitzer & Locks, Philadelphia, PA, for Theresa Carter. Norbert F. Bergholtz, Dechert, Price & Rhoads, Philadelph...
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84 F.Supp.2d 956 (2000) Annamarie QUELA, Shelby Mignault, Tabatha Irvin, and Michael Hakim, Plaintiffs, v. PAYCO-GENERAL AMERICAN CREDITS, INC. and Outsourcing Solutions, Inc., Defendants. No. 99 C 1904. United States District Court, N.D. Illinois, Eastern Division. February 17, 2000. *957 Andrew Jay Cohen, Law Offices of Andrew J. Cohen, Chicago, IL, Marshall J. Burt, Law Offices of Marshall J. ...
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84 F.Supp.2d 1097 (2000) UNITED STATES SECURITIES AND EXCHANGE COMMISSION, Plaintiff, v. ICN PHARMACEUTICALS, INC., Milan Panic, David Watt and Nils Johannesson, Defendants. No. SACV99-1016DOC(ANX). United States District Court, C.D. California. February 10, 2000. *1098 Arnold I Burns, New York City, Jennifer M Crome, Lois D. Thompson, Proskauer Rose, Los Angeles, CA, John R Cuti, Richard D Emery...
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ORDER Before the Court is Plaintiffs’ Motion for Preliminary Injunction. Plaintiffs are students who wish to form a “Gay-Straight Mliance Club” at their high school. They claim that Defendants, the Orange Unified School District and its Board of Education and administrators, have violated their rights under the Equal Access Act and their First Amendment rights of expression and association wh...
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DECISION AND ENTRY DENYING FINAL APPROVAL OF PROPOSED CLASS ACTION SETTLEMENT AGREEMENT; ORDER OF JULY 9, 1999, INTER ALIA, CONDITIONALLY CERTIFYING SUBCLASSES FOR PURPOSES OF SETTLEMENT AND PRELIMINARILY APPROVING PROPOSED SETTLEMENT (DOC. #31) VACATED; FURTHER PROCEDURES ORDERED OF PLAINTIFFS AND DEFENDANTS; MOTION TO INTERVENE FILED BY CLASS MEMBERS FRANK BREWER, JAMES REED, AND ERIC KIRK (DOC....
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88 F. Supp. 2d 862 (2000) Raymond NUGENT, Plaintiff, v. Edward HAYES, Patrick O'Neil, Coroner of Will County, Illinois, Brendan Ward, Sheriff of Will County, and Will County, Illinois, Defendant. No. 99 C 1372. United States District Court, N.D. Illinois, Eastern Division. February 14, 2000. *863 *864 Anthony Pinelli, Attorney at Law, Thomas M. Breen, Martin, Breen & Merrick, Chicago, IL, for...
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OPINION & ORDER Defendant has filed a motion requesting a Stay of Trial Pending Resolution of Appeal of United States v. Fermin Hilario, Crim. No. 99-16(CCC) Pending Before the Court of Appeals. (Dkt.48) Previously, Defendant had filed a motion questioning the appointment of United States Attorney Gil and his actions in that position during the period of his interim appoint...
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84 F.Supp.2d 917 (2000) Bobbie A. RUCKER, Plaintiff, v. CITY OF KETTERING, OHIO, et al., Defendants. No. C-3-99-429. United States District Court, S.D. Ohio, Western Division. February 7, 2000. *918 Isabel Suarez, Dayton, OH, Mark Allan Anthony, Dulaney & Phillips, Dayton, OH, for Bobbie A. Rucker, plaintiff. David L. Eubank, City of Kettering, Kettering, OH, Robert Forrest Cowdrey, Jenks, Su...
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94 F.Supp.2d 1052 (2000) Kathleen R. IRWIN, et al., Plaintiffs, v. Owen T. MASCOTT, et al., Defendants. No. C 97-4737 JL. United States District Court, N.D. California. February 11, 2000. *1053 *1054 Paul Arons, Law Office of Paul Arons, Redding, CA, O. Randolph Bragg, Horowitz Horowitz & Associates, Chicago, IL, Lorraine Ellen Law Offices of Lorraine Ellen Baur, Ukiah, CA, for Plaintiffs. Ma...
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MEMORANDUM OPINION AND ORDER Schreiber Foods, Inc. brought this patent infringement action against Saputo Cheese USA Incorporated alleging that Saputo sells several imitation cheese products infringing Schreiber’s Reissue Patent No. 35,728 (“Patent 728”). The parties submitted claim-construction briefs1 in which they disagree about the scope and meaning of five terms used throughout Patent 728: ...
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85 F. Supp. 2d 857 (2000) LASALLE NATIONAL BANK, As Preference Litigation Trustee, Plaintiff, v. VITRO, SOCIEDAD ANONIMA and Container Holdings Corp., Defendants. No. 98 C 8306. United States District Court, N.D. Illinois, Eastern Division. February 16, 2000. *858 James E. Spiotto, Michael T. Benz, Franklin Henry Top, III, Chapman & Cutler, Chicago, IL, for Plaintiff. William G. Schopf, Jr., ...
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82 F.Supp.2d 420 (2000) Josette JOHNSON v. SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY and David Levine. No. CIV. A. 98-6538. United States District Court, E.D. Pennsylvania. February 14, 2000. *421 Charles S. Cooper, Law Offices of Charles S. Cooper, Bala Cynwyd, PA, for Josette Johnson. Nicholas J. Staffieri, SEPTA Legal Division, Philadelphia, PA, Saul H. Krenzel, Saul H. Krenzel & ...
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85 F. Supp. 2d 503 (2000) David P. MALONE, Plaintiff, v. SPECIALTY PRODUCTS & INSULATION CO. and Irex Corporation, Defendants. No. Civ.A. 97-7364. United States District Court, E.D. Pennsylvania. February 17, 2000. *504 Wayne A. Ely, Timothy M. Kolman & Assoc., Langhorne, PA, for plaintiff. Alexander Ewing, Jr., Gollatz, Griffin & Ewing, P.C., Media, PA, for defendants. MEMORANDUM AN...
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85 F. Supp. 2d 130 (2000) UNITED STATES of America, Plaintiff, v. NEW YORK CITY BOARD OF EDUCATION; City of New York, William J. Diamond, Commissioner, New York City Department of Citywide Administrative Services (in his official capacity); and New York City Department of Citywide Administrative Services, Defendants. No. 96-CV-374 RML. United States District Court, E.D. New York. February 9, 2000...
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MEMORANDUM Pending before the Court is the Motion to Dismiss filed by defendant AMR Services Corporation ["AMRS"] on July 19, 1999, *421and the Motion to Amend the Complaint filed by plaintiff Jean O. David ["David"] on August 24,1999, The Court has considered the motions, the papers filed in support of and in opposition to the Motions, and the arguments of counsel at a hearing on October 15, 199...
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MEMORANDUM & ORDER Before the court is defendant’s motion for summary judgment. Because there is no genuine issue of material fact, the court will grant the motion. I. Background 1 Plaintiff Richard Grande was employed by State Farm from 1987 until October 1994. At the time of the events at issue in this case, Grande was working as a claims specialist in the Bodily I...
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MEMORANDUM OPINION AND ORDER Before the court is defendant Jewel Food Stores’ motion for summary judgment pursuant to Federal Rule of Civil Procedure 56(c). For the following reasons the court grants the motion. I. BACKGROUND 1 Plaintiff Maurice Bell (“Bell”) is an African-American man who was employed by defendant Jewel Food Stores (“Jewel”) from 1992 until March of...
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84 F.Supp.2d 874 (2000) Tracy HODOH-DRUMMOND, Plaintiff, v. SUMMIT COUNTY, et al., Defendants. No. 5:99-CV-1916. United States District Court, N.D. Ohio, Eastern Division. February 4, 2000. *875 *876 Orlando J. Williams, Ivey & Williams, Akron, OH, for Tracy Hodoh Drummond, plaintiff. Allyson Miller Leonard, William T. Pivik, Office of the Prosecuting Attorney, Akron, OH, for Summit County, d...
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OPINION AND ORDER CONDITIONALLY GRANTINGPETITION FOR A WRIT OF HABEAS CORPUS Petitioner Jabbar Priest Bulls, a state prisoner-confined at the Carson City Correctional Facility in Carson City, Michigan and represented by the State Appellate Defender Office (“SADO”), has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner was convicted of first-degree felony mu...
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84 F. Supp. 2d 550 (2000) NEW CASTLE COUNTY, DELAWARE, Plaintiff, v. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA., Defendant. No. Civ.A. 96-504-RRM. United States District Court, D. Delaware. February 22, 2000. Peter J. Walsh, Jr., William J. Dorgan, Potter Anderson & Corroon LLP, Wilmington, DE, for plaintiff. James F. Bailey, Jr., Christopher J. Sipe, Bailey & Wetzel, P.A., ...
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84 F. Supp. 2d 527 (2000) In the Matter of the Arbitration between ANDOLINA SHIPPING LTD., Petitioner, v. TBS EUROLINES LTD., Respondent. No. 99 CIV 3319 SHS. United States District Court, S.D. New York. February 23, 2000. *528 James Howard Hohenstein, Haight, Gardner, Holland & Knight, New York City, for petitioner. Tulio R. Prieto, Cardillo & Corbett, New York City, for respondent. OPI...
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OPINION AND ORDER This opinion represents the final stop on a twisted journey through the netherworld of administrative forfeiture. In 1992, the Drug Enforcement Administration (“DEA”) seized plaintiff Felix Hernandez’s car in connection with his arrest on federal narcotics charges. Three years later, the DEA and United States Attorney’s Office notified Hernandez that they were declining to p...
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84 F. Supp. 2d 531 (2000) Gretchen VASURA, Plaintiff, v. ACANDS, et al., Defendants. No. 99 Civ. 9429(CSH). United States District Court, S.D. New York. February 24, 2000. *532 Early & Strauss, New York City, Mark R. Bibro, of counsel, for plaintiff. Barry, McTiernan & Moore, New York City, Suzanne Halbardier, of counsel, for defendant Acands, Inc. MEMORANDUM OPINION AND ORDER HAIGHT, Se...
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85 F. Supp. 2d 263 (2000) Leroy T. THAYER, Plaintiffs, v. DIAL INDUSTRIAL SALES, INC., Charles A. McDonnell, Fergus Fitzgerald and Jerrold B. Spiegel, Defendants. No. 96 CIV. 0773(WCC). United States District Court, S.D. New York. February 23, 2000. *264 *265 *266 Schwartz Simon Edelstein Celso & Kessler, Florham Park, NJ (Stephen J. Edelstein, of Counsel), for Plaintiff. Frankfurt, Garbus, K...
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85 F. Supp. 2d 275 (2000) ROYAL INSURANCE COMPANY OF AMERICA, Plaintiff, v. SPORTSWEAR GROUP, LLC, Defendant. Sportswear Group, LLC, Third-Party Plaintiff, v. Rampart Brokerage Corporation, and Robalo Enterprise, Inc., Third-Party Defendants. etc. No. 98 Civ 6074 (DC). United States District Court, S.D. New York. February 23, 2000. *276 Nicoletti Hornig & Sweeney, Royal Ins. Co. of America by...
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84 F.Supp.2d 989 (2000) Robert WEINKE, individually and on behalf of all others similarly situated, Plaintiff, v. MICROSOFT CORPORATION, Defendant. No. Civ.A. 99-C-1505. United States District Court, E.D. Wisconsin. February 18, 2000. Leonard B. Simon, Milberg Weiss Bershad Hynes & Lerach, San Diego, CA, David J. Bershad, Milberg Weiss Bershad Hynes & Lerach, New York City, Ken Vianale, Milberg W...
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85 F. Supp. 2d 924 (2000) Joseph F. ABELS, et al., Plaintiffs, v. TITAN INTERNATIONAL, INC., and The French and Hecht Division Kelsey-Hayes Company Hourly-Rate Employees Pension Plan, Defendants. No. 3-98-CV-90074. United States District Court, S.D. Iowa, Davenport Division. January 31, 2000. *925 Russell Woody, Chicago, IL, for Plaintiffs. Patrick W. Driscoll, Rachel R. Watkins Schoenig, Davenpo...
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84 F. Supp. 2d 856 (2000) Carrie I. CUDNEY, and James C. Cudney, Plaintiffs, v. SEARS, ROEBUCK & CO., a New York corporation, Defendant. No. 99-CV-73044-DT. United States District Court, E.D. Michigan, Southern Division. February 22, 2000. *857 David J. Elkin, Southfield, MI, for plaintiffs. Tiffany N. Wilder, Dykema Gossett, Detroit, MI, for defendant. ORDER GRANTING DEFENDANT'S MOTION FOR ...
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85 F. Supp. 2d 1378 (2000) Deborah Lynn WILSON, Petitioner, v. Guy HICKMAN; Board of Paroles, Respondents. No. Civ.A. 1:99-CV-511-ODE. United States District Court, N.D. Georgia, Atlanta Division. February 16, 2000. *1379 Deborah Lynn Wilson, Davisboro, GA, petitioner pro se. Neal Bradley Childers, Office of State Attorney General, Atlanta, GA, for respondents. ORDER ORINDA D. EVANS, Chief Judge...
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91 F. Supp. 2d 1208 (2000) Ernest F. ALBIERO, Plaintiff, v. CITY OF KANKAKEE, ILLINOIS, and Donald E. Green, Individually, and as Agent of the City of Kankakee, and Other Unknown Agents of the City of Kankakee, Defendants. No. 97-CV-2138. United States District Court, C.D. Illinois, Danville/Urbana Division. February 24, 2000. *1209 Tony L. Brasel, Bourbonnais, IL, for plaintiff. Elaine Massock, ...
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OPINION I. INTRODUCTION Presently before the court is the motion of Theresa Donahue Egler, Esquire, counsel for Defendant Public Service Electric and Gas Company (“PSE & G”), to compel the production of documents pursuant to Rule 26 of the Federal Rules of Civil Procedure. After careful consideration of the parties’ submissions, and for the reasons noted below, the defendant’s motion shall be G...
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ORDER RE SUN’S MOTION TO REINSTATE NOVEMBER 17, 1998 PRELIMINARY INJUNCTION UNDER CAL. BUS. & PROF. CODE §§ 17200 ET SEQ. [Re Docket No. 1658] Sun Microsystems, Inc.’s Motion to Reinstate November 17, 1998 Preliminary Injunction Order Under Cal. Bus. & Prof. Code §§ 17200 et seq. was heard on October 15, 1999. The court has read the moving and responding papers, he...
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84 F.Supp.2d 839 (2000) S.A. BURNS v. FEDERAL EMERGENCY MANAGEMENT AGENCY No. CIV. A. G-99-695. United States District Court, S.D. Texas, Galveston Division. February 18, 2000. *840 Michael P. Von Blon, Michael P. Von Blon & Associates, Houston, TX, for S A S.A. Burns, plaintiff. John B. Kinchen, Assistant U.S. Attorney, Houston, TX, for Federal Emergency Management Agency, defendant. ORDER D...
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85 F. Supp. 2d 1115 (2000) James L. BROOKS, Plaintiff, v. Melinda SAUCEDA, et al., Defendants. No. Civ.A. 99-2396-KHV. United States District Court, D. Kansas. January 5, 2000. *1116 *1117 *1118 James L. Brooks, Kansas City, KS, pro se. Henry E. Couchman, Jr., City of Kansas City, Kansas Legal Dept., Kansas City, KS, for Defendants. MEMORANDUM AND ORDER VRATIL, District Judge. This matter comes ...
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ENTRY ON PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTION Plaintiff Eli Lilly & Company (“Lilly”) manufactures and sells fluoxetine hydrochloride under the federally registered trademark PROZAC ®. PROZAC ® is a prescription drug used to treat clinical depression and some other psychological conditions. Defendant Natural Answers, Inc. manufactures and sells a blend of St. John’s Wort and seve...
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MEMORANDUM AND ORDER Lori Slaughter and Zachary Sipes, by and though his natural mother and next friend, bring suit against Kenneth J. Russell. Plaintiffs allege violation of the Residential Lead-Based Paint Hazard Reduction Act of 1992 (RLPHRA), 42 U.S.C. § 4851 et seq., the Toxic Substance Control Act (TSCA), 15 U.S.C. § 2689, and negligence. This matter comes before the ...
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MEMORANDUM AND ORDER This case arises from prior state court litigation between plaintiff and the estate of her elderly aunt, Esther Brodbeck. In that litigation, plaintiff mounted a vigorous but ultimately futile challenge to her aunt’s last will and testament and the position of the estate with respect to a certain certificate of deposit. Plaintiff has now sued the attorneys and law firms who...
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ORDER AND REASONS This matter is before the court on a writ of habeas corpus filed by state prisoner Jerome Hines pursuant to 28 U.S.C. § 2254. Upon review of the entire record, the Court has determined that no eviden-tiary hearing is necessary as all matters can be determined on the record presented. For the reasons set forth below, the court finds that the claims are without merit and the p...
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89 F. Supp. 2d 1297 (2000) Brenda D. TILLMAN, as Executrix Under the Last Will and Testament of Kalen Oliver Tillman, Sr., Deceased, Plaintiff, v. REYNOLDS TOBACCO COMPANY, et al., Defendant. No. Civ.A. 98-0748-BH-M. United States District Court, S.D. Alabama, Southern Division. January 27, 2000. *1298 Ross Diamond III, Mobile, AL, Stuart Yeldell Luckie, Diamond, Hasser & Frost, Mobile, AL, J...
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85 F. Supp. 2d 519 (2000) PEERLESS WALL AND WINDOW COVERINGS, INC., Plaintiff, v. SYNCHRONICS, INC., a Tennessee Corporation, Defendant. No. CIV. A. 98-1084. United States District Court, W.D. Pennsylvania. February 25, 2000. *520 *521 *522 David J. Manogue, Joseph N. Kravec, Specter, Specter, Evans & Manogue, for Plaintiff. Kerry A. Kearney, Frederick H. Colen, Roy W. Arnold, Reed, Smith, Sh...
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85 F. Supp. 2d 1203 (2000) Lewellyn ARCHIBLE, Plaintiff, v. METROPOLITAN LIFE INSURANCE COMPANY, Defendant. No. 99-0361-MJ-C. United States District Court, S.D. Alabama, Southern Division. February 2, 2000. *1204 Michael S. McNair, Mobile, AL, for plaintiff. George W. Walker III, Albert D. Perkins, IV, Copeland, Franco, Screws & Gill, P.A., Montgomery, AL, for defendant. MEMORANDUM OPINION A...
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85 F. Supp. 2d 1221 (2000) Roxie Gail SORRELLS, Plaintiff, v. SUN LIFE ASSURANCE COMPANY OF CANADA, Defendant. No. Civ.A. 2:98-0920-RV-S. United States District Court, S.D. Alabama, Northern Division. February 16, 2000. *1222 James B. McNeill Jr., Selma, AL, for Plaintiff. James S. Christie Jr., Thomas M. Miller, Bradley Arant Rose & White, LLP, Birmingham, AL, for Defendant. ORDER VOLLMER, ...
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84 F.Supp.2d 1203 (2000) SYSTEMS MATERIAL HANDLING COMPANY, a Kansas Corporation, Plaintiff, v. Steven L. GREENSTEIN, Defendant. Steven L. Greenstein, Plaintiff, v. Systems Material Handling Company, a Kansas Corporation, Defendant. Nos. Civ.A. 98-2578-KHV, Civ.A. 99-2150-KHV. United States District Court, D. Kansas. February 8, 2000. *1204 *1205 MEMORANDUM AND ORDER VRATIL, District Judge. St...
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MEMORANDUM AND ORDER Marie Aquilino, a former faculty member at the University of Kansas, filed suit against the university, alleging that it refused to promote her to Associate Professor and award her tenure because of her sex, and that it subsequently refused to hire her as an ad hoc faculty member or adjunct professor because she had filed a sex discrimination charge with the EEOC,...
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88 F. Supp. 2d 1189 (2000) Eddie SPURLOCK, Plaintiff, v. Charles E. SIMMONS, et al., Defendants. No. Civ.A. 98-3211-KHV. United States District Court, D. Kansas. February 15, 2000. *1190 Eddie Q. Spurlock, St. Louis, MO, pro se. Hsing Kan Chiang, Office of Atty. General, Topeka, FL, for defendants. MEMORANDUM AND ORDER VRATIL, District Judge. This matter comes before the Court on Defendants' Mot...
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84 F. Supp. 2d 628 (2000) Maximo Justo GUEVERA v. David C. BROOKS. No. Civ.A. 00-840. United States District Court, E.D. Pennsylvania. February 18, 2000. Maximo Justo Guevara, Philadelphia, PA, Pro se. *629 MEMORANDUM ROBERT F. KELLY, District Judge. Plaintiff has filed a Complaint alleging federal jurisdiction based on a violation of his rights under 42 U.S.C. § 1983. This matter is now before...
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121 F. Supp. 2d 670 (2000) WILLIAM WRIGLEY, JR. COMPANY, Plaintiff, v. STANLEY TRANSPORTATION, INC., R.R. Stanley, Defendants, cross-claim Plaintiffs, and Lee Trucking, Inc., Defendants, cross-claim Defendants. No. 98 C 2988. United States District Court, N.D. Illinois, Eastern Division. February 22, 2000. *671 Howard B. Randell, Leahy, Eisenberg & Fraenkel, Chicago, IL, for Plaintiff. Elena ...
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85 F. Supp. 2d 123 (2000) LEW LIEBERBAUM & CO., INC. n/k/a First Asset Management, Inc., Mark Lew, Sheldon Lieberbaum, and Leonard Neuhaus, Petitioners, v. E. Tate RANDLE, Gail G. Randle, and William Winters, Respondents. No. 99-CV-4358 (ADS). United States District Court, E.D. New York. February 8, 2000. *124 Isaac M. Zucker, New York City, for petitioners. Wexler & Burkhart P.C., Mitche...
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85 F. Supp. 2d 100 (2000) UNITED STATES of America v. Mark GRIGSBY No. 99-071L. United States District Court, D. Rhode Island. February 24, 2000. *101 Zechariah Chafee, U.S. Attorney's Office, Providence, RI, for Plaintiff. Andrew H. Berg, Providence, RI, for Defendant. OPINION AND ORDER LAGUEUX, Chief Judge. On June 20, 1999 the Grand Jury handed up an indictment against defendant, Mark S. Grig...
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84 F.Supp.2d 814 (2000) Mary HOMAN v. COMMISSIONER OF SOCIAL SECURITY ADMINISTRATION. No. 9:97-CV-213. United States District Court, E.D. Texas, Lufkin Division. February 17, 2000. *815 Thomas W. Deaton, Flournoy & Deaton, Lufkin, TX, for Mary Homan, plaintiff. Steven MacArthur Mason, Asst U.S. Attorney, U.S. Attorney's Office, Tyler, TX, for Social Security Administration, defendant. MEMORA...
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85 F. Supp. 2d 1286 (2000) Evette ROUSSELLE, Plaintiff, v. GTE DIRECTORIES CORPORATION, Defendant. No. 8:97-CV-1615-T-17E. United States District Court, M.D. Florida, Tampa Division. February 22, 2000. *1287 *1288 F. Ronald Fraley, Fraley & Fraley, P.A., Tampa, FL, Joseph L. Rousselle, Jr., Action Legal Center, P.A., Tampa, FL, for Evette Rousselle, plaintiff. Lansing C. Scriven, Kelley C. Ho...
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84 F.Supp.2d 396 (2000) STANDARD MICROSYSTEMS CORP., Plaintiff, v. Ashraf DAHOD and Kawbena Akufo, Defendants. No. 99-CV-1268. United States District Court, E.D. New York. February 23, 2000. *397 Ropes & Gray by Robert Morse, Marc L. Kesselman, Washington, DC, for Plaintiff. Tarlow, Breed, Murphy, Hart & Rodgers, P.C. by Bruce G. McNeill, Boston, MA, for Defendants. MEMORANDUM OF DECISIO...
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*10 MEMORANDUM OF DECISION AND ORDER This is a criminal case charging the Defendant Howard Zuckerman with income tax evasion and tax fraud. He is charged with failing to file personal income tax returns for the years 1992-1995, and having made false statements omitting certain income and overstating certain deductions on those same returns when he eventually filed them. Presently pending befo...
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MEMORANDUM OPINION In this “hybrid” case brought pursuant to § 301 of the Labor Management Relations Act, 29 U.S.C. § 185, 1 plaintiff claims *547 that his employer lacked just cause to terminate him, and that his union breached its duty of fair representation by deciding not to pursue plaintiffs claim through arbitration. In the motion at bar, the union and the em...
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84 F.Supp.2d 740 (2000) Jonathan COBB, Darryl Cobb, and Annette Cobb, Plaintiffs, v. The RECTOR AND VISITORS OF the UNIVERSITY OF VIRGINIA, et al., Defendants. No. 3:99CV00007. United States District Court, W.D. Virginia, Charlottesville Division. February 18, 2000. *741 Jonathan Cobb, Darryl Cobb, Annette Cobb, pro se. Patrick B. Kelly, Susan M. Davis, Associates General Counsel and Special Assi...
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ORDER This cause is before this Court on Plaintiffs’ Motion for Class Certification (Dkt. 71) and Defendant’s response (Dkt. 76). This Court has jurisdiction over this action pursuant to 28 U.S.C. § .1331 and Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000-e et seq., as amended. This Court also has jurisdiction over this action pursuant to 29 U.S.C. § 206(d), § 6(d); 29 U.S.C. § 206...
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84 F.Supp.2d 574 (2000) BRISTOL-MYERS SQUIBB COMPANY, Plaintiff, v. IMMUNEX CORPORATION, Zenith Goldline Pharmaceuticals, Inc. and Ivax Corporation, Defendants. Zenith Goldline Pharmaceuticals, Inc., Ivax Corporation, and Baker Norton Pharmaceuticals, Counterclaim Plaintiffs, v. Bristol-Myers Squibb Company, Counterclaim Defendant. Civil Action Nos. 97-6050 (WHW), 98-159(WHW) and 98-1412 (WHW). U...
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84 F. Supp. 2d 379 (2000) VERTICAL BROADCASTING, INC., and Eric Ferrara, Plaintiffs, v. The TOWN OF SOUTHAMPTON, and Vincent Cannuscio, Town Supervisor, Martha M. Rogers, Patrick Heaney, Steven S. Halsey and James P. Drew, Constituting the Town Board of the Town of Southampton, County of Suffolk, State of New York, The Town Clerk of the Town of Southampton, and Vincent Cannuscio and Steven S. Hal...
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84 F. Supp. 2d 399 (2000) Linda GUCCIARDO, Plaintiff, v. RELIANCE INSURANCE CO. and Marine Underwriters Agency, Inc., Defendants. No. 98-CV-5080. United States District Court, E.D. New York. February 23, 2000. *400 Brian Gucciardo, Northport, NY, for plaintiff. Waesche, Sheinbaum & O'Regan, P.C., New York City, by Nicholas P. Giuliano, of counsel, for defendant Reliance Insurance Co. Babchick...
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84 F.Supp.2d 374 (2000) Anthony CAROLLO, Plaintiff, v. Alexis M. HERMAN, Secretary of Labor, and United States Department of Labor, Defendants. No. 00-CV-346 (JG). United States District Court, E.D. New York. February 18, 2000. Scott P. Trivella, Trivella & Forte, LLP, Valhalla, NY, for plaintiff. Loretta E. Lynch, United States Attorney, Brooklyn, NY, by Vincent Lipari, Assistant United Stat...
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OPINION AND ORDER Pro se plaintiff Angel Santiago brings suit under 42 U.S.C. § 1983, alleging that defendants Deputy Superintendent William Meinsen, Captain John Maly, Lieutenant Glass, Sergeant James Whitney and Sergeant B. Rivera were deliberately indifferent to his safety needs in violation of the Eighth Amendment. 1 Defendants are *437 all employees of the...
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MEMORANDUM OPINION AND ORDER Plaintiffs LIR Management Co. (“LIR Management”), Arryl Operating, Inc. (“Ar-ryl”), Sports Garden Rest, Inc. (“Sports Garden”), 729 7th Avenue Houhhan’s Operating, Inc. (“7th Avenue Houhhan’s”), River Restaurant, Inc. (“River Restaurant”), 380 Lexington Operations, Inc. (“380 -Lexington”), Chicago Restaurant, Inc. (“Chicago Restaurant”), and Complex Management, Inc....
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OPINION Casim Noble, a prisoner in state custody, petitions this Court for a writ of habe-as corpus. After a thorough examination of the record, we conclude that the Petitioner’s conviction was obtained in violation of his rights to present witnesses in his defense and to the effective assistance of counsel, both of which are guaranteed by the Sixth Amendment. The petition is, therefore, gran...
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ORDER ON DEFENDANT SOUTHERN COMMERCE BANK’S MOTION FOR SUMMARY JUDGMENT AND PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT This cause is before the Court on the Motion for Summary Judgment of Defendant Southern Commerce Bank as to Count III of Plaintiffs Complaint (Dkt.54), Memorandum of Law (Dkt.55), and Plaintiffs Opposition (Dkt.65). The Court also has for consideration Plaintiffs...
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85 F. Supp. 2d 117 (2000) Albert CSOKA, Plaintiff, v. COUNTY OF SUFFOLK, Suffolk County Police Officer Thomas Murphy, Suffolk County Police Officer John Friberg, Suffolk County Police Detective Jeffrey Chagnon, and Linda Csoka, and Suffolk County Police Officers John Does 1-10, Defendants. No. 97-CV-3982. United States District Court, E.D. New York. February 7, 2000. *118 Michael J. Regan, Port J...
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84 F. Supp. 2d 369 (2000) HERBIL HOLDING CO., Plaintiff, v. Douglas BROOK, Kathleen Brook, South Island Orthopedic Group, P.C., United States of America, Trilliam Corp., Nor-Le Realty Co., John Doe, and Jane Doe, Defendants. Douglas Brook and Kathleen Brook, Third-party Plaintiffs, v. State of New York, Nassau County, Town of Hempstead, Incorporated Village of Freeport, Nassau County Republican C...
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89 F. Supp. 2d 828 (2000) Thomas Lamar BEAN, Petitioner, v. UNITED STATES of America, Bureau of Alcohol, Tobacco and Firearms, Respondents. No. CIV. A. 1:99-CV-724. United States District Court, E.D. Texas, Beaumont Division. February 22, 2000. *829 Larry C. Hunter, Vidor, TX, for Petitioner. John Burch Stevens, Jr., Asst. U.S. Atty., U.S. Attorney's Office, Beaumont, TX, for Respondents. MEMORA...
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MEMORANDUM & ORDER Before the court is Kerby Keane Keller’s petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Although the issues raised by Mr. Keller present difficult questions that warrant the granting of a certificate of appealability, the trial errors asserted do not rise to a level that would permit this court to grant relief. I. Background 1 O...
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MEMORANDUM-DECISION and ORDER Currently before the court are defendant’s post-trial motions pursuant to Rules 29 and 33 of the Federal Rules of Criminal Procedure. Defendant asserts: (1) that there was no proof that he acted “wilfully,” which under Rule 29 requires a judgment of acquittal; and (2) in the alternative, should judgment of acquittal not be granted, that the interests of justice requir...
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85 F. Supp. 2d 424 (2000) COMMODITY FUTURES TRADING COMMISSION, Plaintiff, v. MURRAY IRA ROSENBERG, d/b/a Pro Broker Services, Inc. (a/k/a Pro-Broker Service, Inc.), and Pro-Broker Service, Inc., Defendants. Civil Action No. 97-2927. United States District Court, D. New Jersey. March 1, 2000. *425 *426 *427 *428 *429 Robert J. Cleary, United States Attorney, Paul A. Blaine, Assistant United State...
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84 F.Supp.2d 579 (2000) Richard WATERMAN, et al., Plaintiffs, v. John FARMER, Jr., et al., Defendants. Civil Action No. 98-1938 (AMW). United States District Court, D. New Jersey. March 1, 2000. *580 Lawrence S. Lustberg, Mark A. Berman, Gibbons, Del Deo, Dolann, Griffinger & Vecchione, PC, Newark, NJ, for Plaintiffs. John J. Farmer, Jr., Attorney General of New Jersey, by Stephen D. Bird, De...
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OPINION Presently before this Court is defendant, Momentum Systems Ltd.’s motion for summary judgment on plaintiff Robert G. Lincoln’s claim that he was illegally terminated from his job in violation of the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq. (“ADA”), the Age Discrimination in Employment Act, 29 U.S.C. § 621 et éeq. (“ADEA”), the New Jersey Law...
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84 F. Supp. 2d 405 (2000) NATIONAL FUEL GAS SUPPLY CORPORATION, Plaintiff, v. 138 ACRES OF LAND IN THE VILLAGE OF SPRINGVILLE, COUNTY OF ERIE, State of NEW YORK; Mathew Mahl; Ardent Resources, Inc.; U.S. Energy Development Corporation; Robert Dzara; Maria Dzara; and Unkown Others, Defendants. No. 99-CV-602C(M). United States District Court, W.D. New York. January 24, 2000. *406 Phillips, Lytle, H...
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ORDER Plaintiff Wynwood Agency, dba Contract Service Center and Investors Mortgage Co., brought this Interpleader action in Coos County District Court against the trustee of the Joling family trust and the United States of America. Defendant United States of America acting by and through the Internal Revenue Service removed the action to federal court. Plaintiff collected monies under a conditio...
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85 F. Supp. 2d 109 (2000) Laura OLIVER, Plaintiff, v. COLE GIFT CENTERS, INC., Defendant. No. 3:9702595(GLG). United States District Court, D. Connecticut. February 17, 2000. *110 Ruth L. Pulda, Peter D. Goselin, Livingston, Adler, Pulda & Meiklejohn, Hartford, CT, for Plaintiff. Peter A. Janus, Paul H. Gamache, Siegel, O'Connor, Schiff & Zangari, Hartford, CT, Dana Shaw MacKinnon, Hartfo...
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84 F.Supp.2d 304 (2000) Carolyn GORDON, Plaintiff, v. Robert NICOLETTI, Nancy Greene, Eugene Horrigan, Charles Sweetman, and Regional School District 12 Board of Education, Defendants. No. 3:97CV1417(GLG). United States District Court, D. Connecticut. February 10, 2000. *305 *306 William M. Laviano, Laviano Law Offices, Ridgefield, CT, for Plaintiff. Richard D. O'Connor, Siegel, O'Connor, Schiff ...
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85 F. Supp. 2d 1034 (2000) Stewart L. BENJAMIN and Kathryn E. Benjamin, Plaintiffs, v. UNITED STATES of America, Defendant. No. Civ.A. 99-K-62. United States District Court, D. Colorado. February 22, 2000. Dale S. Carpenter III, Dale S. Carpenter III, P.C., Lakewood, CO, for Plaintiffs. Kurt J. Bohn, U.S. Attorney's Office, Civil Div., Denver, CO, for U.S. William J. Kowalski, Colleen Ann O'Laugh...
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MEMORANDUM & ORDER ORDER AND NOW, to wit, this 25th day of February, 2000, upon consideration of Motion to Suppress Physical Evidence of Defendant Marco Burton (Document No. 20, filed May 13, 1999), Government’s Response to Defendant’s Motion to Suppress (Document No. 22, filed, June 30,1999), Motion of Defendant Maurice Smith to Join in the Motion to Suppress of Co-Defendant, Marco Burton (D...
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MEMORANDUM & ORDER This case was originally filed in the District of Utah as Whetman v. Ikon Office Solutions, Inc., et al., but was transferred to this court by order of the Judicial Panel on Multi-District Litigation. See JPMDL Order of December 2, 1999. Now before the court is the defendants’ motion to dismiss the seventh and eighth causes of action in the Second Amended and Supplemental Com...
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OPINION AND ORDER Petitioner Louis Dreyfus Negoce S.A. (“Dreyfus”) moves this Court, pursuant to the United States Arbitration Act, 9 U.S.C. § 1 et seq., and the Declaratory Judgment Act, 28 U.S.C. § 2201, for an order: (1) declaring that the claim brought by respondent Blystad Shipping & Trading Inc. (“Blystad”) against Dreyfus is not subject to arbitration in New York; (2) staying a...
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85 F. Supp. 2d 282 (2000) ODYSSEY RE (LONDON) LIMITED, Plaintiff, v. STIRLING COOKE BROWN HOLDINGS LIMITED, Stirling Cooke Brown Insurance Brokers Limited, Stirling Cooke Brown Reinsurance Brokers Limited, Stirling Cooke Brown North American Holdings Limited, Stirling Cook Brown North American Reinsurance Intermediaries Inc., Nicholas Brown, Raydon Underwriting Management Company Limited, Jeh Re ...
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96 F. Supp. 2d 944 (2000) Neil T. NORDBROCK and Evelyn R. Nordbrock, Plaintiffs, v. UNITED STATES of America, Defendant. Civ. Nos. 99-199 TUC ACM, 99-293 TUC-ACM. United States District Court, D. Arizona. February 4, 2000. *945 Neil T. Nordbrock, Tucson, AZ, pro se. Jose de Jesus Rivera, Phoeniz, AZ, Robert P. McIntosh, U.S. Dept. of Justice, Trial Attorney, Tax Div., Washington, DC, for U.S. OR...
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*737 ORDER AND REASONS For the following reasons, IT IS ORDERED that the “Motion For Partial Summary Judgment And Disbursement Of Funds” (Doc. #68) of Twilla Jordan is GRANTED. The court makes the following finding on the ranking of creditors. BACKGROUND This suit concerns the claims of multiple creditors, including the Internal Revenue Service (“IRS”), to the one-third interest of William Katz...
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85 F. Supp. 2d 606 (2000) ALERT CABLE TV OF SOUTH CAROLINA, INC. d/b/a Time Warner Cable, Plaintiff, v. CP LIMITED PARTNERSHIP d/b/a Saddlebrook Manufactured Home Community and Knology of Charleston, Inc., Defendants. No. C/A 2:98-3782;18. United States District Court, D. South Carolina, Charleston Division. February 15, 2000. Frank Ellerbe, Columbia, SC, Bonnie Shealy, Columbia, SC, for plaintif...
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ORDER DATED Feb. 23, 2000 DENYING PLAINTIFF’S MOTION TO ENFORCE SETTLEMENT AGREEMENT OR, ALTERNATIVELY, TO REOPEN THE UNDERLYING CASE AGAINST THE DEFENDANT This action, initially' filed in Waukesha County Circuit Court for the State of Wisconsin, involves a commercial dispute between the plaintiff, Ice Bowl L.L.C. (“Ice Bowl”), a Wisconsin company in the business of sports marketing, and Weigel Br...
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85 F. Supp. 2d 950 (2000) Kimberly Ann SHRUM, as next friend of Justin Patrick Kelly, a minor, Plaintiff, v. Michael KLUCK, David Wade, as Superintendent of the Elwood, Nebraska, Public School District, and the Elwood, Nebraska, Public School District, Defendants. No. 4:97CV3366. United States District Court, D. Nebraska. February 23, 2000. *951 *952 Susan K. Sapp, Cline, Williams Law Firm, Linco...
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OPINION This is a contract action brought by Plaintiffs Glenn Stetzer, Grando, Inc., and 4 Donuts, Inc. against Defendant Dunkin’ Donuts, Inc. (“Dunkin’ ”) over Defendant’s refusal to license Plaintiffs a franchise location. The Court’s jurisdiction is invoked under the diversity provisions of 28 U.S.C. § 1332, after removal from state court. Defendant has moved for summary judgment o...
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OPINION & ORDER After a five day trial, the jury found that Defendants Nationwide Insurance Co., Nationwide Mutual Fire, Insurance Co., Nationwide Life Insurance Co., Nationwide General Insurance Co., Nationwide Property and Casualty Insurance Co., Nationwide Group of Companies., and William P. De-Meno (“Nationwide”) discharged both Manuel A. Baralt and Juan González Pérez in violatio...
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OPINION The following matters are before the court: 1) Defendant, Visiting Nurse Association, Inc.’s, motion to dismiss for lack of in personam jurisdiction, for improper venue, for insufficiency of service of process, or alternatively, to transfer venue, and 2) Defendant’s appeal of the Magistrate Judge’s order of January 6, 2000, denying Visiting Nurse Association’s motion for a pro...
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*25 OPINION & ORDER Pending before this Court are Plaintiffs’, Starlight Sugar, Inc. and Pan American Grain Manufacturing, Inc., Motion for Summary Judgment (Dkt.121) and Defendant Neftalí Soto’s Opposition to Plaintiffs’ Motion for Summary and Defendant Soto’s Motion for Summary Judgment (Dkt.128). Plaintiffs have alleged Market Regulation No. 13 is unconstitutional under th...
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85 F. Supp. 2d 89 (2000) The SAN JUAN STAR, Plaintiff, v. CASIANO COMMUNICATIONS, INC., Defendant. No. Civ.98-1372 PG. United States District Court, D. Puerto Rico. January 7, 2000. *90 Ignacio Rivera-Cordero, Rivera & Montalvo, San Juan, PR, for The San Juan Star Company, plaintiff. Edna Hernandez-Arroyo, Hector Reichard-Jr., Reichard & Escalera, San Juan, PR, for Casiano Communications ...
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*254 OPINION & ORDER Defendant G.C.A., a juvenile sentenced to probation until his twenty-first birthday, violated that probation approximately one month before it was set to end. Defendant, who is now twenty-one, asserts that this Court no longer has jurisdiction to modify or revoke the term of probation because he has since reached his twenty-first birthday. For the reasons...
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88 F. Supp. 2d 1270 (2000) UNITED STATES of America, Plaintiff, v. Gary P. SAZAMA, an individual, and Gary P. Sazama, Ph.D., a Utah professional corporation, Defendants. No. 1:98-CV-0044SB. United States District Court, D. Utah, Northern Division. February 23, 2000. *1271 Eric A. Overby, AUSA, U.S. Attorney Office, District of Utah, Salt Lake City, UT, for plaintiff. Gil Athay, Michael R. Sikora,...
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OPINION Aeronautical Industrial District Lodge 91 of the International Association of Machinists and Aerospace Workers, AFL— CIO (“the Union”) brings this action against United Technologies Corporation, Pratt & Whitney (“Pratt”), alleging that Pratt’s proposed restructuring violates the parties’ collective bargaining agreement (“CBA”) in two respects. First, the Union claims th...
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SUPPLEMENTAL DECISION This case is once again before this Court pursuant to the June 30, 1999 Opinion of the U.S. Court of Appeals for the Third Circuit affirming in part and remanding in part our Decision of April 14, 1999. On that date, following a brief non-jury trial, this Court found in favor of the plaintiff and against the defendant, adopted the plaintiffs proposed factual findings and...
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DECISION Plaintiff, Beverly Borlandoe, M.D., instituted this negligence action against defendants the United States of America, the Department of the Interior, and the United States National Park Service. This matter was heard non-jury before the undersigned on July 14, 1999, and based upon the evidence presented, we now make the following findings of fact and conclusions of law. FINDINGS OF...
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MEMORANDUM Plaintiff Susan Rossetti seeks to recover damages for injuries she allegedly sustained while riding on an attraction at an amusement park. Defendant Busch Entertainment Corporation d/b/a Sesame Place (“Busch”), the amusement park owner, seeks partial summary judgment on plaintiffs breach of warranty (count II) and strict liability (count III) claims. Because plaintiffs purchase...
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100 F. Supp. 2d 934 (2000) Beth R. THROESCH, Plaintiff, v. UNITED STATES FIDELITY & GUARANTY COMPANY, Defendant. No. 3:98CV00462 WRW. United States District Court, E.D. Arkansas, Jonesboro Division. February 10, 2000. *935 *936 Dick A. Jarboe, Attorney at Law, Walnut Ridge, AR, for Beth R. Throesch, plaintiff. Robert D. Trammell, Gill Allen Rogers, Trammell Law Firm, Little Rock, AR, for St. ...
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ORDER This Order has taken such a long time in coming to fruition that the parties could be forgiven for supposing that this court has been feverishly riffling through its judicial drawers in an attempt to find a fleeting moment of satori or to locate a talisman to ward away the Gordian knot of issues raised by this appeal. It has not. Instead, once the court was subjected to this bankrup...
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OPINION Defendant-counterclaimants Immunex Corporation, Zenith Goldline, and IVAX Corporation (collectively “IVAX defendants”) move for a Markman claim interpretation ruling and for partial summary judgment of noninfringement of U.S. Patent No. 5,641,803 (“the ’803 patent”), owned by plaintiff Bristol-Myers Squibb Co. (“Bristol”) and asserted in these infringement actions. Pate...
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OPINION Defendants and counterclaimants Zenith Goldline Pharmaceuticals, IVAS Corporation, Baker Norton Pharmaceuticals, Im-munex Corporation (collectively the “IVAX defendants”) and Ben Venue Laboratories (“Ben Venue”) move for summary judgment of invalidity of United States Patents Nos. 5,670,537 (“ ’537 patent”) and 5,641,-803 (“ ’803 patent”) on the grounds of anticipation, 35 U.S.C. ...
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ORDER GRANTING IN PART AND DENYING IN PART PETITIONER’S MOTION AND. SUPPLEMENTAL MOTION FOR LEAVE TO CONDUCT DISCOVERY AND FOR SUPPORT SERVICES Before the Court is Petitioner’s Motion for Leave to Conduct Discovery and Supplemental Motion for Leave to Conduct Discovery and for Support Services. The Court will consider these two motions together. For the reasons stated below, the Court DENIES IN...
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MEMORANDUM DECISION ON CROSS-MOTIONS FOR SUMMARY JUDGMENT On October 29, 1999,1 granted a preliminary injunction in favor of the plaintiff Yes for Life Political Action Committee (“PAC”) against the State defendants. I enjoined enforcement of the first paragraph of 21-A M.R.S.A. § 1055. See Yes for Life Political Action Comm. v. Webster, 74 F.Supp.2d 37 (D.Me.1999). Since then, the parties ha...
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MEMORANDUM AND ORDER MODIFYING THE MAGISTRATE JUDGE’S RECOMMENDED DECISION This case raises an interesting administrative law question that the Court of Appeals for the First Circuit has not addressed. The question has divided the other Circuit Courts of Appeals. Specifically, when the Appeals Council of the Social Security Administration declines to review an Administrative Law Judge’s decisio...
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MEMORANDUM DECISION The remaining issue in this lawsuit challenging the constitutionality of Maine’s campaign finance laws is whether the reduced contribution limits can survive. In 1996, Maine voters lowered to $250 the amount anyone can contribute after January 1, 1999, to a State Senate or House candidate. See 21-A M.R.S.A. §§ 1015(1) & (2), 1056(1) (West.Supp.1999). The lim...
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MEMORANDUM OPINION THIS MATTER comes before the Court on Defendants’ Motion for Summary Judgment on the five remaining counts of Plaintiff Lisa Amaechi’s 42 U.S.C. § 1988 Complaint. 1 The case involves the constitutionality of an alleged body cavity search Defendant Officer Matthew West (“Officer West”) conducted on Ms. Amaechi during the enforcement of a magistrate-authorized arrest warran...
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I. INTRODUCTION Plaintiffs Wendy VanWie and Lloyd F. Wright (“VanWie” and ‘Wright” individually, and “plaintiffs” collectively) filed the instant action on February 22, 2000, alleging that they, as registered nonenrolled voters, were discriminated against by defendants’ interpretation and application of New York Election Law §§ 5-210 and 5-304. An Order was issued on February 24, 2000, directin...
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98 F.Supp.2d 822 (2000) UNITED STATES of America, ex rel. Jack Obeydean SWAFFORD, a/k/a Dean J. Swafford, Plaintiffs, v. BORGESS MEDICAL CENTER, a nonprofit Michigan corporation, Bronson Methodist Hospital, a nonprofit corporation, Advanced Vascular Surgery, P.C., a Michigan professional corporation, Krishna Jain, M.D., John Munn, M.D., Eugene Simoni, M.D., John T. Collins, Jr., M.D., and Randy S...
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MEMORANDUM OPINION AND ORDER This matter having come before the Court upon an appeal from the Bankruptcy Court’s Order Granting Summary Judgment to Appellee and Dismissing Appellant’s Adversary Complaint; The Court having reviewed the pleadings submitted herein and being otherwise fully informed in the matter; IT IS HEREBY ORDERED that the decision of the Bankruptcy Court shall be, and hereby is...
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85 F. Supp. 2d 309 (2000) Jose CASTILLO, Plaintiff, v. Charles BUDAY, W. Glasser, J. Peryea, and C. Grima, Defendants. No. 99 CIV 1372 JES. United States District Court, S.D. New York. March 1, 2000. Jose Castillo, Auburn, New York, pro se. Eliot Spitzer, Attorney General of the State of New York, New York, New York, Thomas Sofield, Assistant Attorney General, of counsel, for Defendants. *310 M...
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MEMORANDUM DECISION AND ORDER DENYING COUNTY DEFENDANTS’ MOTION FOR DECLARATORY JUDGMENT, GRANTING PLAINTIFF AA’S MOTION FOR VOLUNTARY DISMISSAL, DENYING STATE DEFENDANTS’ MOTION TO SEVER, GRANTING IN PART AND DENYING IN PART PLAINTIFFS’ MOTION IN LIMINE, GRANTING IN PART AND DENYING IN PART COUNTY DEFENDANTS’ MOTION IN LIMINE, AND GRANTING PLAINTIFFS’ MOTION TO CONSOLIDATE Plaintiffs “MM”, and i...
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84 F.Supp.2d 222 (2000) Cosmo QUERCIA, Plaintiff, v. ALLMERICA FINANCIAL, Defendant. No. CIV.A. 97-40143-NMG. United States District Court, D. Massachusetts. February 24, 2000. *223 Harold L. Lichten, Pyle, Rome & Lichten, P.C., Terence E. Coles, Pyle, Rome & Lichten, P.C., Boston, MA, for Plaintiff. Neil Jacobs, Linda E. Podheiser, Hale & Dorr, Boston, MA, for Defendant. MEMORANDUM ...
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95 F. Supp. 2d 673 (2000) M. Craig SPIROFF and Susan E. Teubert, Plaintiffs, v. UNITED STATES of America, Defendant. No. 97-CV-75314-DT. United States District Court, E.D. Michigan, Southern Division. January 27, 2000. *674 Cheryl M. Warren, Northville, MI, for plaintiffs. Susan E. Teubert, Dearborn, MI, pro se. Thomas W. Cole, Sixbey, Friedman, Falls Church, VA, Thomas P. Cole, Department of Jus...
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MEMORANDUM-OPINION On July 7, 1998, this case went to trial by jury, with the Honorable Harold Greene presiding. The only count before the jury was a claim against Ronn Reddy (“Reddy”) alleging tortious interference with contract. The jury subsequently returned a verdict for the plaintiff, Daryl J. Hudson, III (“Hudson”) in the amount of $100,000 in compensatory damages. Following the verdict, p...
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82 F. Supp. 2d 966 (2000) Donald BAILEY, on behalf of himself and all others similarly situated, Plaintiff, v. Dan CANAN, Mayor, City of Muncie, individually and in his official capacity, Joseph Winkle, Chief of Police, individually and in his official capacity, and The City of Muncie, Indiana, Defendants. No. IP97-1483-CM/S. United States District Court, S.D. Indiana, Indianapolis Division. Janu...
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MEMORANDUM OPINION AND ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT ON GUADALUPE AND EVA LOPEZ’S CLAIMS ONLY AND DEFENDANT’S RENEWED MOTION FOR SUMMARY JUDGMENT Before the Court are Defendant Union Carbide Corporation’s Motion for Sum*882mary Judgment on Guadalupe and Eva Lopez’s Claims Only and Defendant’s Renewed Motion for Summary Judgment. For reasons stated below, this Court gran...
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84 F.Supp.2d 589 (2000) Jane T. POPKO, Plaintiff, v. PENNSYLVANIA STATE UNIVERSITY, The Milton S. Hershey Medical Center, James Adams, Tasna Kitch, and Suzanne Schick, Defendant. No. Civ.A. 1:CV:97-0065. United States District Court, M.D. Pennsylvania. February 22, 2000. *590 Andrew J. Ostrowski, Serratelli Schiffman Brown & Calhoun, Harrisburg, PA, for Jane T. Popko, plaintiff. James M. Horn...
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85 F. Supp. 2d 39 (2000) Hung Van DANG, Plaintiff, v. INN AT FOGGY BOTTOM and Ida Doe, individually and as Housekeeping Supervisor, Defendants. No. Civ.A. 97-2884 (TAF). United States District Court, District of Columbia. February 18, 2000. *40 Hendrith Vanlon Smith, Sr., Hyattsville, MD, for Plaintiff. Jonathan W. Greenbaum, Adrian V. Nelson, II, Krupin Greenbaum & O'Brien, Washington, DC, f...
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122 F. Supp. 2d 912 (2000) UNITED STATES, Plaintiff, v. Salud BARRERA-PANIANGUA, Defendant. No. 98 CR 648. United States District Court, N.D. Illinois, Eastern Division. February 24, 2000. AUSA, U.S. Attorney's Office, Chicago, IL, for U.S. Robert A. Handelsman, Chicago, IL for defendant. MEMORANDUM OPINION AND ORDER BUCKLO, District Judge. The defendant Salud Barrera-Paniangua was indicted by a...
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ORDER This lawsuit — in which plaintiff Judy Ramsey charged that defendant Alabama Public Service Commission discriminated against her in her wages, in violation of the Equal Pay Act, 29 U.S.C.A. § 206(d)(1) — is before this court on remand from the United States Court of Appeals for the Eleventh Circuit. By order of January 15, 1999, the appellate court reversed this court’s denial of Ra...
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OPINION This action arose out of a complaint filed by Devan Dockery and Windmaster Manufacturing Co. (“WMC”) against Terk Technologies (“Terk”) for infringement of a design patent relating to an audio/video remote control device, and a complaint by plaintiff Terk that defendants Dockery and WMC were misusing its patent. On June 24, 1998, this Court entered an Order, upon the stipulati...
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*712 OPINION & ORDER GRANTING PLAINTIFF’S MOTION TO DISMISS DEFENDANT’S COUNTERCLAIMS (COUNTS I & II) This matter comes before the Court on Plaintiff Ford Motor Co.’s motion to dismiss Defendant Robert Lane’s counterclaims. Lane stipulates to the dismissal of Count I, a SLAPPback claim. Count II alleges an Antitrust violation by Ford in violation of the Sherman Antitrust Act, 15 ...
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85 F. Supp. 2d 174 (2000) JAMAICA ASH & RUBBISH REMOVAL CO., INC., Jet Sanitation Service Corp., and Emedio Fazzini, Plaintiffs, v. Edward T. FERGUSON, individually and as Chairman and Executive Director of the New York City Trade Waste Commission; Edward J. Koriansky, individually and as a member of the New York City Trade Waste Commission; Deborah Weeks, individually and as a member of the ...
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ORDER OPINION AND ORDER ON APPEAL FROM THE BANKRUPTCY COURT Creditor Lincoln Savings Bank (“the Bank”) appeals to this Court from a series of orders by the United States Bankruptcy Court for the Northern District of Iowa. 1 The bankruptcy court determined that two federal tax liens perfected on August 16, 1989 and December 13, 1989 attached to all property of Debtor Commer...
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85 F. Supp. 2d 892 (2000) 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. February 28, 2000. *893 *894 Joel J. Bellows, Nicholas P. Iavarone, Christo...
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OPINION Plaintiff, Hi-Tex, Inc., has filed a patent infringement claim under 35 U.S.C. § 271, against defendant, TSG, Inc., alleging that defendant has violated plaintiffs patents for “Treated Polyester Fabric,” patent number 5,565,265 (“the ’265 patent”), and “Stain Resistant, Water Repellant, Interpenetrating Polymer Network Coating-Treated Textile Fabric,” patent number 5,747,392 (...
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85 F. Supp. 2d 49 (2000) Joseph O'CONNOR and Peter Horning, Plaintiffs, v. COMMONWEALTH GAS COMPANY and John Williams, Defendants. No. CIV.A. 97-12792-MEL. United States District Court, D. Massachusetts. February 23, 2000. *50 *51 Donald P. Ricklefs, Ricklefs & Co., P.C., Boston, MA, David A. Miller, Michele P. Pilotte, Bruce H. Norwell, Ricklefs & Company, PC, Boston, MA, for Plaintiffs....
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157 F. Supp. 2d 638 (2000) In re: The FIRST UNION CORP. SECURITIES LITIGATION. No. 3:99CV237-MCK. United States District Court, W.D. North Carolina, Charlotte Division. January 28, 2000. *639 Donald M. Brown, Jr., Charlotte, NC, Kenneth J. Vianale, Maya Saxena, Milberg, Weiss, Bershad, Hynes & Lerach, LLP, Boca Raton, FL, Steven G. Schulman, Samuel H. Rudman, Russell J. Gunyan, New York City,...
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The instant application under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d), for an award of attorney’s fees and photocopying costs in this social security disability case presents issues concerning the awardability and reasonableness of the fees requested. The court must decide inter alia whether the prevailing plaintiff can recover fees for services that his attorne...
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MEMORANDUM OPINION AND ORDER Plaintiffs have filed a motion to lift the discovery stay previously entered in this cause. For the reasons stated herein, the motion is granted in part and denied in part. I. On September 17, 1998, Dallas Police Officers Joseph A. Cutrona and William R. Readdy were dispatched to an apartment complex at 3910 North Hall Street to investigate a report of indecent expo...
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MEMORANDUM OPINION AND ORDER Before the Court is the above-entitled cause of action. A bench trial was held before this Court on September 22, 1999 and September 23, 1999. Plaintiffs submitted Plaintiffs’ PosL-Trial Brief (Clerk’s Doc. No. 141) on November 2, 1999. Defendants submitted Defendants’ Post-Trial Brief (Clerk’s Doc. No. 143) on November 29, 1999. Having considered the testimon...
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OPINION Table of Contents Introduction.62 I.BACKGROUND.53 II.DISCUSSION.58 A. Jurisdiction and Standard of Review.58 1. Appellate Jurisdiction.58 2. Standard of Review on Appeal.60 3. Primary Jurisdiction.60 B. Whether PIM Was Terminated At Will or For Cause.62 C. Recoupment.65 D. Constructive Trust.68 E. Interest.69 F. Contempt....
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84 F.Supp.2d 990 (2000) Mark A. GROW, Therese Barwinski-Gipp, Jean Docter and Ronald L. Lindsey, Plaintiffs, v. CITY OF MILWAUKEE and City of Milwaukee Police Department, Defendants. No. 97-C-0572. United States District Court, E.D. Wisconsin. February 25, 2000. *991 *992 *993 Wm. Rettko, Milwaukee, WI, for plaintiffs. Jan Smokowicz, for defendants. DECISION AND ORDER ADELMAN, District Judge. Pl...
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121 F. Supp. 2d 1252 (2000) Henry W. BOERNER, Individually and as Administrator of the Estate of Mary Jane Boerner, Deceased, Plaintiff, v. BROWN & WILLIAMSON TOBACCO COMPANY, Defendant. No. LR-C-98-427. United States District Court, E.D. Arkansas, Western Division. February 25, 2000. *1253 Gary L. Eubanks, William Gary Holt, James Gerard Schulze, Gary Eubanks & Associates, Little Rock, A...
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OPINION Plaintiffs Briarpatch Ltd. L.P. (“Briar-patch” or the “Partnership”) and Gerard F. Rubin (“Rubin”) (collectively, “Plaintiffs”) have moved, pursuant to 28 U.S.C. 1447(c), to remand this action to the Supreme Court of the State of New York, New York County. Defendant Samuel Myers (“Myers”) has moved, pursuant to Fed.R.Civ.P. 12(b)(2), to dismiss the complaint for lack of personal juris...
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ORDER Pending before the Court are the Motion for Stay of Judgment Pending Appeal and Motion for Leave to File Untimely Motion for Stay of Judgment Pending Appeal and Alternative Motion for Relief from Judgment filed by respondent Gary Johnson (“Johnson” or “the State”), and the Motion for Immediate Release from Custody filed by petitioner Calvin Jerold Burdine (“Burdine”). Having con...
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85 F. Supp. 2d 660 (2000) GRUBBS NISSAN MID-CITIES, INC., Plaintiff, v. DAIMLERCHRYSLER MOTORS CORPORATION, Defendant. No. 4:99-CV-911-A. United States District Court, N.D. Texas, Fort Worth Division. February 25, 2000. Andrew Duncan Sims, Attorney at Law, Harris, Finley & Bogle, Fort Worth, TX, for plaintiff. Richard Hunt Gateley, Attorney at Law, Brackett & Ellis, Fort Worth, TX, Charle...
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MEMORANDUM OPINION This matter comes before the Court on Defendants’ motion to dismiss. For the reasons set forth below, the Court denies Defendants’ motion. BACKGROUND Plaintiff Anthony V. Czapla (“Czapla”) filed a three-count complaint against Defendants Commerz Futures, LLC (“Com-merz LLC”), Commerz Futures Corp. *717 (“Commerz Corp.”) (collectively, the “Def...
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MEMORANDUM & ORDER Stephanie Whitfield pled guilty before this court to conspiracy to possess and to possess with the intent to distribute cocaine base in violation of 21 U.S.C. § 846 and to possession with the intent to distribute cocaine base in violation of 21 U.S.C. § 841(a)(1). The defendant’s plea was open, and she specifically stated her intention to raise several issues at the...
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84 F. Supp. 2d 862 (2000) Melodie RICHARDS, Plaintiff, v. AMERICAN AXLE & MANUFACTURING, INC., Defendant. No. 99-CV-71942-DT. United States District Court, E.D. Michigan, Southern Division. February 25, 2000. *863 *864 Glen N. Lenhoff, Flint, MI, for plaintiff. William C. Schaefer, Troy, MI, for defendant. OPINION AND ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT ROSEN, District Jud...
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MEMORANDUM OPINION AND ORDER Plaintiff McCook Metals L.L.C. (“McCook”) filed a four count complaint *248against Defendant Alcoa, Inc. (“Alcoa”) claiming 1) tortious interference with contract, 2) tortious interference with prospective business advantage, 3) violation of Section 2 of the Sherman Antitrust Act, and 4) invalidity of two of Alcoa’s patents. McCook now brings a motion to compel non-...
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OPINION Does a minority shareholder have standing to maintain a suit based on the denial of medical benefits under ERISA? Yes. Motion to remand to state court is DENIED. BACKGROUND The eight count complaint in this case was originally filed in the Circuit Court for the Seventh Judicial Circuit of Sangamon County, Illinois. In the complaint, Plaintiffs brought s...
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ORDER The matter is before the Court on petitioner’s motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255. Petitioner and three co-defendants were charged in a seven-count indictment with offenses arising out of the prison murder of a fellow inmate at the medium security facility at the District of Columbia Department of Corrections Facility in Lorton, Virginia. T...
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OPINION This ease is before the court on plaintiff Barth Schwartz’s motion for a new trial. Plaintiffs breach of contract claims against defendant FORTUNE magazine were tried before this court in a four-day trial, beginning November 30, 1999. A more detailed rendition of the trial facts is set out in this court’s prior opinion on this matter, Schwartz v. Fortune Magazine, 89 F.Supp.2d 429 (S.D.N....
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85 F. Supp. 2d 1337 (2000) AMERICAN STATES INSURANCE COMPANY, Plaintiff, v. PIONEER ELECTRIC COMPANY and American Lighting and Signalization, Defendants. No. 96-1723-CIV. United States District Court, S.D. Florida, Miami Division. January 12, 2000. *1338 Ronald Lee Kammer, Hinshaw & Culbertson, Miami, FL, for plaintiff. Dennis James Murphy, Kubicki Draper, Miami, FL, for defendant. ORDER MOO...
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OPINION Plaintiff System Management Arts Incorporated (“Smarts”) has moved, pursuant to Rule 56(c) of the Federal Rules of Civil Procedure, for summary judgment (1) excluding “Delphi” software developed by Morgan Stanley & Co., Inc. (“Morgan Stanley”) as relevant prior art in this patent infringement action, and (2) dismissing the Second, Fourth, and Fifth counterclaims of ...
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MEMORANDUM OPINION This action arises from the defendants’ alleged failure to pay certain beneficiary premiums to a welfare benefit plan. As trustees of the plan, plaintiffs Michael H. Holland, A. Frank Dunham, Marty D. Hudson, and Elliot A. Segal (collectively referred to as the “Trustees”), filed the instant suit to collect such premiums from the defendants. Pending before the court...
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85 F. Supp. 2d 722 (2000) Sam TEXAS a/k/a Issam M. Fayad, Plaintiff, v. CREST ASSET MANAGEMENT, INC., d/b/a The Fountain at San Felipe, Fountainview Houston Apartments, L.T.D., David Thornton and Reta Krantz, Defendants. No. Civ.A. H-98-3381. United States District Court, S.D. Texas, Houston Division. February 29, 2000. *723 *724 Peter Costea, Houston, TX, for Plaintiff. Sam Texas, Houston, TX, p...
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85 F. Supp. 2d 643 (2000) HCMF CORPORATION, et al., Plaintiffs, v. Claude A. ALLEN, et al., Defendants. No. CIV. A. 98-0297-R. United States District Court, W.D. Virginia, Roanoke Division. February 29, 2000. Robert Thomas Adams, Richard Cullen, Earle Duncan Getchell, Jr., Thomas J. Stallings, Robert L. Hodges, McGuire, Woods, Battle & Boothe, Richmond, VA, for plaintiffs. Gregory E. Lucyk, E...
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ORDER One of the defendants in this case, Sun-com Mobile & Data, Inc., filed for bankruptcy on February 4, 2000, in the United States Bankruptcy Court for the Northern *181 District of California. On February 8, the defendants filed in this Court a Notice of Stay pursuant to 11 U.S.C. § 362(a), which was followed by an opposition and reply. The Court has thoroughly review...
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91 F. Supp. 2d 79 (2000) UNITED STATES of America, v. Carl COOPER, Defendant. No. Crim. 99-0266(JHG). United States District Court, District of Columbia. February 29, 2000. *80 *81 Steven R. Kiersh, Washington, DC, Francis Darron Carter, Washington, DC, for Defendant. Kenneth Leonard Wainstein, U.S. Attorney's Office, Washington, DC, for U.S. OPINION AND ORDER JOYCE HENS GREEN, District Judge. T...
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91 F.Supp.2d 60 (2000) UNITED STATES of America, v. Carl COOPER, Defendant. No. Crim. 99-0266(JHG). United States District Court, District of Columbia. February 29, 2000. *61 *62 *63 Kenneth Leonard Wainstein, U.S. Attorney's Office, Washington, DC, for U.S. Steven R. Kiersh, Washington, DC, Francis Darron Carter, Washington, DC, for Carl Cooper, Defendant. MEMORANDUM OPINION AND ORDER JOYCE HEN...
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88 F. Supp. 2d 619 (2000) GFI, INC., Plaintiff, v. FRANKLIN CORPORATION, Astro Lounger Furniture Manufacturing, Parkhill Furniture, Inc., and Washington Furniture Mfg, Defendants. No. 3:97CV16-D-A. United States District Court, N.D. Mississippi, Western Division. March 2, 2000. *620 James J. Foster, Wolf, Greenfield & Sacks, Boston, MA, for GFI, Inc. Claude F. Clayton, Jr., Mitchell, McNutt, ...
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ORDER GRANTING MOTION TO DISMISS This matter comes before the Court on a motion to dismiss by the defendants County of Los Angeles, Los Angeles District Attorney’s Office, Michael Cabral, and Gil Garcetti (hereinafter the “County defendants”). After reviewing and considering the materials submitted by the parties and hearing oral argument, the Court finds that the complaint should be dism...
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MEMORANDUM-DECISION AND ORDER I. INTRODUCTION Plaintiff Timothy Macfarlane (“Macfar-lane” or “plaintiff’) commenced the instant action pursuant to 42 U.S.C. §§ 1983 and 1985, alleging that the defendants, the Village of Scotia (‘Village”) and Mayor James Denney (“Denney”), violated his First Amendment rights to free speech and free association. The defendants have moved for summary judgme...
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MEMORANDUM-DECISION AND ORDER I. INTRODUCTION Defendant Mahlof Ben-Shimon (“defendant”) was charged in a ten count indictment with. Conspiracy to Provide, and Possess Contraband in Prison, in violation of 18 U.S.C. §§ 371 and 1791 (Count One), Possessing Prohibited Objects in-Prison, in violation of 18 U.S.C. §§ 2 and 1791 (Counts Two through Six), and Providing Prohibited Objects in Pris...
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85 F. Supp. 2d 638 (2000) Samuel SMITH, Plaintiff, v. AUTO MASHERS, INC. and DAC Services, Defendants. No. CIV.A. 97-0052-L. United States District Court, W.D. Virginia, Lynchburg Division. February 16, 2000. *639 David L. Heilberg, Charlottesville, VA, JAmes Robert Cooke, Jr., Richmond, VA, for Plaintiff. John Tandy Cook, Caskie & Frost, Lynchburg, VA, for Defendant Auto Mashers, Inc. H. Dil...
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*348OPINION AND ORDER On October 13, 1998, the Federal Trade Commission (“FTC”) issued a final Order and comprehensive opinion approving the findings of an administrative law judge, rendered on September 25, 1997, that Toys “R” Us (“TRU”) had engaged in anti-competitive conduct that violated Section 1 of the Sherman Act, 15 U.S.C. § 1, and Section 5 of the FTC Act, 15 U.S.C. § 45. The FTC found t...
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OPINION AND ORDER All defendants move to dismiss the First Amended Complaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. For the reasons that follow, the motions are granted as to all eight counts of the First Amended Complaint. Background The following facts are alleged in plaintiffs First Amended Complaint, dated August 22,1997. Plaintiff John Queri...
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MEMORANDUM AND ORDER The defendants have moved the Court for an order that would (1) suppress all evidence obtained through an investigation conducted by the National Association of Securities Dealers (“NASD”) alleging that such evidence was obtained in violation of their Fourth Amendment rights; (2) dismiss Count Five for the reason that is exceeds the intended reach of the money launder...
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84 F.Supp.2d 540 (2000) Lenore GAVIGAN, Plaintiff, v. CLARKSTOWN CENTRAL SCHOOL DISTRICT, Defendant. No. 98 Civ. 7147(WCC). United States District Court, S.D. New York. February 28, 2000. *541 *542 Law Offices of Bernard Weinreb, Suffern, NY, for plaintiff, Bernard Weinreb, of counsel. Kaufman, Borgeest & Ryan, New York City, for defendant, Lee E. Berger, E. Tim McAuliffe, Jr., of counsel. O...
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MEMORANDUM AND ORDER Plaintiffs filed this diversity action against defendants alleging misappropria *1104 tion of trade secrets, breach of employment agreement, and breach of fiduciary duty. The case is before the court on plaintiffs’ motion for preliminary injunction (Doc. 22). Plaintiffs seek to enjoin defendants from further misappropriating their trade secrets and fu...
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85 F. Supp. 2d 995 (2000) Debbie GRIFFITH and Loren E. Griffith, individually and on behalf of their marital community, Plaintiffs, v. AMERICAN HOME PRODUCTS CORPORATION; A.H. Robins Company, Inc.; Wyeth Laboratories, Inc.; Interneuron Pharmaceuticals, Inc.; Rugby Group, Inc., d/b/a/ Rugby Laboratories, Inc.; Geneva Pharmaceuticals, Inc.; and Eon Laboratory Manufacturers, Inc., Defendants. No. CS...
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MEMORANDUM AND ORDER Plaintiff brings this action seeking review of federal defendants’ agency determination that a parcel of land in Kansas qualifies as Indian land under the Indian Gaming Regulation Act, 25 U.S.C. § 2703(4). Plaintiff seeks review pursuant to the Administrative Procedure Act, -5 U.S.C. §§ 701 et seq. The case is before the court on plaintiffs motion for s...
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ORDER I referred this habeas corpus petition to Magistrate Judge Peck on September 24, 1999. On October 29, 1999, Judge Peck issued a Report and Recommendation which recommends that petitioner’s request for habeas relief be dismissed. The Report and Recommendation advised the parties of their obligation to file timely objections under Rule 72 of the Federal Rules of Civil Procedu...
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88 F. Supp. 2d 1166 (2000) Elma AUGUSTINE, Plaintiff, v. James ADAMS, et al., Defendants. No. Civ.A. 98-2422-GTV. United States District Court, D. Kansas. February 4, 2000. *1167 *1168 Caleb Boone, Hays, KS, for plaintiff. Richard T. Foster, McDonald, Tinker, Skaer, Quinn & Herrington, Whichita, KS, for defendants. Michael S. Holland, Holland & Holland, Russell, KS, for Charles Haynes, de...
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84 F. Supp. 2d 707 (2000) Liselotte DAVIS, Plaintiff, v. LOCKHEED MARTIN OPERATIONS SUPPORT, INC., Defendant. No. CIV. AMD 98-2794. United States District Court, D. Maryland. February 29, 2000. *708 W. Michael Pierson, Pierson, Pierson & Nolan, Baltimore, MD, for Plaintiff. Michael J. Murphy, Ogletree, Deakins, Nask, Smoak & Stewart, PC, Washington, DC, for Defendant. MEMORANDUM DAVIS, D...
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MEMORANDUM Plaintiff William McIntyre. (“Mr.McIntyre”) brings this action against his former employer, Philadelphia Suburban Corporation (“PSC”), alleging breach of contract, anticipatory breach of contract, breach of covenant of good faith and fair dealing and violation of the Pennsylvania Wage Payment and Collection Law (the “WPCL”), 43 P.S. § 260.1 et seq. These claims a...
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88 F. Supp. 2d 388 (2000) Barbara SANDERSON-CRUZ, Plaintiff, v. UNITED STATES of America, Defendant. No. CIV. A. 98-5709. United States District Court, E.D. Pennsylvania. March 6, 2000. *389 Mark W. Voight, Huntingdon Valley, PA, for Plaintiff. Richard M. Bernstein, U.S. Attorney's Office, Philadelphia, PA, for Defendant. MEMORANDUM LOWELL A. REED, Jr., Senior District Judge. Presently before th...
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MEMORANDUM AND ORDER Plaintiff SizeWise Rentals, Inc. brings this diversity action against defendant Me-diq/PRN Life Support Services, Inc., alleging breach of implied covenant of good faith and fair dealing, breach of contract, fraudulent non-disclosure, negligent nondisclosure, and breach of fiduciary duty, and requesting damages, declaratory judgment, and an accounting. The case is...
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85 F. Supp. 2d 62 (2000) Ismael ROSARIO, Plaintiff, v. Kenneth S. APFEL Commissioner of the Social Security Administration, Defendant. No. Civ.A. 99-30077-MAP. United States District Court, D. Massachusetts. March 1, 2000. *63 David Engle, Northampton, MA, for Ismael Rosario, plaintiff. Karen L. Goodwin, United States Attorney's Office, Springfield, MA, for Kenneth S. Apfel, Commissioner of the S...
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ORDER DENYING PLAINTIFFS' MOTION TO REALIGN THE V.I. GOVERNMENT FROM DEFENDANT TO PLAINTIFF THIS MATTER is before the Court on Plaintiffs' Motion to Realign the Virgin Islands Government from Defendant to Plaintiff. The government filed opposition to the motion and the Plaintiffs filed a reply thereto. This matter was brought initially by plaintiffs as taxpayers, requesting a preliminary injunctio...
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85 F. Supp. 2d 609 (2000) Jeanie MENTAVLOS, Plaintiff, v. John Justice ANDERSON; and James Saleeby, Defendants. No. CA 3:97-2718-17. United States District Court, D. South Carolina, Columbia Division. February 15, 2000. *610 Leon Friedman, New York City, Richard A. Harpootlian, Robert G. Rikard, Columbia, SC, for Plaintiff. Sandra Jane Senn, Charleston, SC, J. Brady Hair, North Charleston, SC, Di...
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MEMORANDUM OPINION This matter comes before the Court on two motions by Defendant Alex Hodge: (1) his motion to suppress evidence obtained near the scene of his arrest and during a search of his home, and (2) his motion to dismiss Count III of the Indictment as multiplicitous and as based on an unconstitutional exercise of congressional power. For the reasons expressed below, Defendant's Motion...
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OPINION Presently before the Court is the motion of defendant Infinity Investors Limited to enforce the automatic stay of 11 U.S.C. § 362(a) or, alternatively, to transfer venue to the United States Bankruptcy Court for the District of Delaware. 1 For the reasons set forth below, this motion is granted in part and denied in part. I. Plaintiff Larami Limited (“Larami”)...
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85 F. Supp. 2d 313 (2000) ECHELON INTERNATIONAL CORP., Plaintiff, v. AMERICA WEST AIRLINES, INC., Defendant. No. 99 Civ. 0425(CBM). United States District Court, S.D. New York. March 6, 2000. *314 Thelen Reid & Priest LLP, by Richard P. Swanson, Craig Weiner, New York City, for plaintiff. Latham & Watkins, by Patricia Ball, Robert A. Greenspon, New York City, for defendant. OPINION MOTLE...
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MEMORANDUM ORDER Before the court is the motion of plaintiffs for an order compelling the production of certain documents identified on defendant’s third revised privileged log. I. BACKGROUND This matter has been pending in this court for nearly four years, since February of 1996. It began on Judge Marovich’s docket, and Magistrate Judge Rosemond was assigned discovery matters. On August 4, 199...
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MEMORANDUM-DECISION AND ORDER Background On or about June 11, 1999, plaintiff initiated this action in New York State Supreme Court, County of Oswego, for breach of contract by an insured against its insurers. Plaintiff is a Federal Credit Union organized under the Federal Credit Union Act of the United States of America. Its principal office is located in the City of Fulton, Oswego ...
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OPINION AND ORDER Gianni Versace, S.p.A. seeks an order, pursuant to Federal Rule of Civil Procedure 70, Local Civil Rule 83.9, and this Court’s inherent power, finding defendants Alfredo Versace and Foldom International (U.S.A.), Inc. in civil contempt for violating a preliminary injunction entered by the Honorable Sidney H. Stein, United States District Judge, in Civil Action No. 98...
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MEMORANDUM AND ORDER Following the denial of his motion to suppress physical evidence, defendant Alberto Hernandez pled guilty before this court to possession with intent to distribute cocaine and possession with intent to distribute marijuana, both of which are violations of 21 U.S.C. § 841(a)(1); carrying a firearm in relation to a drug offense in violation of 18 U.S.C. § 924(c); an...
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MEMORANDUM AND ORDER On January 28, 2000 defendant Stephen Flemmi filed a Motion to Dismiss and/or for Sanctions for Violations of Federal Rule of Criminal Procedure 6(e) (“Rule 6(e)”) and Rule 83.2A of the Local Rules of the United States District Court for the District of Massachusetts (the “Motion”). The Motion is based on a series of newspaper articles, dating back to July 1998, w...
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85 F.Supp.2d 202 (2000) ROBERTS-GORDON, LLC, Plaintiff, v. SUPERIOR RADIANT PRODUCTS, LTD., Defendant. No. 99-CV-90A. United States District Court, W.D. New York. February 25, 2000. *203 *204 Buchanan Ingersoll, P.C., Linda H. Joseph, of counsel, Buffalo, New York, for plaintiff. Sullivan & Oliverio, Richard T. Sullivan, of counsel, Buffalo, New York, for defendant. ORDER ARCARA, District Ju...
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MEMORANDUM OPINION & ORDER Plaintiff Joyce Sallion brings this action alleging Defendant SunTrust Bank, Atlanta, fik/a Trust Company Bank (“Sun-Trust”) rejected her application for a loan based on her race and marital status in violation of 42 U.S.C. § 1981, 42 U.S.C. § 1982, and the Equal Credit Opportunity Act, 15 U.S.C. § 1691 et seq. (“ECOA”). In addition, Sallion alleges Defendan...
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85 F. Supp. 2d 740 (2000) Richard G. LaVALLEY, Plaintiff, v. VIRGINIA SURETY COMPANY, INC., et al., Defendants. No. 3:98CV7257. United States District Court, N.D. Ohio, Western Division. March 7, 2000. *741 Janine T. Avila, Reginald S. Jackson, Jr., Steven R. Smith, Connelly, Soutar & Jackson, Toledo, OH, for Plaintiff. George D. Jonson, Montgomery, Rennie & Jonson, Cincinnati, OH, Cliffo...
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85 F. Supp. 2d 198 (2000) Fred SAUER, Plaintiff, v. XEROX CORPORATION, Defendant. No. 95-CV-6485L. United States District Court, W.D. New York. February 24, 2000. *199 Gordon Locke, Gordon Locke Law Offices, New Rochelle, NY, for Fred Sauer, plaintiff. John P. Coffey, Latham & Watkins, Newark, NJ, E. Marcellus Williamson, Latham & Watkins, Washington, DC, for Xerox Corporation, defendants...
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MEMORANDUM — DECISION & ORDER Plaintiff, Evac, LLC (“Evac”), commenced this action on July 21, 1999 alleging claims under the Sherman Antitrust Act of 1890, 15 U.S.C. § 1, et. seq. (“Sherman Act”), the Clayton Antitrust Act, 15 *253 U.S.C. § 15, et. seq. (“Clayton Act”), and New York’s Donnelly Act, N.Y. Gen. Bus. Law § 340(1) (“Donnelly Act”). Evac furt...
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MEMORANDUM OPINION AND ORDER GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT Before the Court is a motion by Defendants Southwest Airlines Co. and Tammy O’Bryan for summary judgment filed November 15, 1999. For reasons stated below, this Court grants Defendants’ motion. Factual Background Plaintiff Mishelle Sanders describes herself in her Complaint as “an African American ...
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ORDER This is a civil rights case in which plaintiffs allege that they were wrongfully evict *774 ed from their room at the Marriott Courtyard Inn (the Marriott) and, later, falsely arrested and jailed by Lucas County Sheriffs Deputies. Pending are defendants’ motions for summary judgment. For the following reasons, the motions are granted in part and denied in part. BACKGROUND On April 2...
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84 F.Supp.2d 228 (2000) Greg GOLDSMITH, Craig Anderson, Metropolis Trading Co., Timothy Werner and Lakota Trading, Inc., Plaintiffs, v. Emanuel PINEZ and Lehman Brothers Inc., Defendants. No. CIV. A. 98-10242-PBS. United States District Court, D. Massachusetts. February 28, 2000. *229 Vincent M. Amoroso, Robert A. McCall, Peabody & Arnold LLP, Boston, Sarah R. Wolff, Sachnoff & Weaver, Ma...
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85 F. Supp. 2d 69 (2000) Leonard J. PACHECO, individually and as Co-Trustee of the Mary T. Pacheco Trust, as Co-Trustee of the FE & Mary T. Pacheco Trust, Jim Beebe, individually and as Co-Trustee of the Mary T. Pacheco Trust, as Co-Trustee of the FE & Mary T. Pacheco, Tari Eastman, individually and as Co-Trustee of the Mary T. Pacheco Trust, as Co-Trustee of the FE & Mary T. Pacheco ...
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Opinion I. Pending Matters Pending before the court are the following: (1) Petition for Writ of Habeas Corpus, filed in this court on June 16, 1999, by Edovidio R. Carranza (Docket No. 1); (2) Respondent’s Motion to Dismiss, filed on July 26, 1999 (Docket No. 4) with Memoranda in Support (Docket No. 5, filed July 26, 1999; Docket No. 14, filed November 9,1999); (3) Petitioner’s Motion f...
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ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION TO DISMISS I. INTRODUCTION Plaintiff Eugene Smalls (“Plaintiff’) seeks to upgrade his discharge from the U.S. Marine Corps (“Marine Corps”). The defendants named in the suit include the Secretary of the Navy, the Department of the Navy, and the Board for Correction of Naval Records (“BCNR”) (collectively “Defendants”). Defendan...
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169 F. Supp. 2d 485 (2000) Leslie WRIGHT, Plaintiff, v. N.C. STATE UNIVERSITY, Defendant. No. 5:98-CV-644-BR3. United States District Court, E.D. North Carolina, Western Division. January 6, 2000. *486 Leslie Wright, Raleigh, NC, plaintiff pro se. Thomas O. Lawton, III, N.C. Dept. of Justice, Raleigh, NC, for NC State University, Facilities Operations, defendant. ORDER BRITT, Senior District Jud...
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88 F. Supp. 2d 1247 (2000) John WINTON and Evelyn Winton, Plaintiffs, v. BOARD OF COMMISSIONERS OF TULSA COUNTY, OKLAHOMA, et al., Defendants. No. 97-CV-841-J. United States District Court, N.D. Oklahoma. February 22, 2000. *1248 *1249 *1250 Donald Gregory Bledsoe, Tulsa, OK, Steven Alan Novick, Tulsa, OK, for Plaintiffs. Ceylon Smith Lewis, III, Gretchen M. Schilling, Riggs Abney Neal Turpen Orb...
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*826 ORDER I. Preliminary Matters Before ruling on the merits of the ease, the Court will address Defendant’s Motion to Bar [Doc. # 38]. A. Prejudgment Interest Since jurisdiction of this action is based on diversity of citizenship, “the availability of prejudgment interest must be determined by reference to state law.” In re Air Crash Disaster Near C...
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ORDER & OPINION Lead Plaintiffs Alan Rapoport and various other individuals (“Rapoport Group”), on behalf of themselves and all others similarly situated (collectively “Plaintiffs”), bring this uncertified securities class action, pursuant to Federal Rules of Civil Procedure (“Rules”) 23(a) and (b)(3) and §§ 11, 12(a)(2), and 15 of the Securities Act of 1933 (“Securities Act”), agains...
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OPINION AND ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT AND DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT I. INTRODUCTION This hybrid Section 301 breach of contract action is presently before the Court on the Motions for Summary Judgment filed by Plaintiff Thomas N. Cotter, Jr. and Defendant DaimlerChrysler Corporation (“referred to herein as ‘DaimlerChrys-le...
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AMENDED ORDER GRANTING DEFENDANT’S MOTION TO SUPPRESS EVIDENCE Before the Court is Defendant Jenaro Ramon’s Motion to Suppress Evidence, filed October 29, 1999. After due consideration of the Motion, the facts of the case, and relevant law, the Court is of the opinion that the Motion should be GRANTED. ISSUE The Court must determine whether, in the absence of other factors, the ...
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84 F. Supp. 2d 950 (2000) Roland M. ANDERSON, Plaintiff, v. LOCAL 165, INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS and International Brotherhood of Electrical Workers, Defendants. No. 98 C 3515. United States District Court, N.D. Illinois, Eastern Division. January 26, 2000. *951 *952 Jerome F. Marconi, Jr., Jerome F. Marconi & Associates, Chicago, IL, for Roland M Anderson, plaintiff. El...
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82 F. Supp. 2d 679 (2000) Imelda T. RODRIGUEZ, Plaintiff, v. LAREDO INDEPENDENT SCHOOL DISTRICT and Paul Cruz, in His Official and Individual Capacities, Defendants. No. Civ.A. L-99-22. United States District Court, S.D. Texas, Laredo Division. February 2, 2000. *680 MEMORANDUM AND ORDER ON DEFENDANTS' MOTION TO DISMISS ELLISON, District Judge. Plaintiff, Imelda Rodriguez ("Rodriguez"), formerl...
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OPINION AND ORDER Plaintiff Tia Goldhirsch brings this action against defendants Taylor Majewski, age 17; his parents Anthony and Patricia Majewski; Richard Shust, age 20; Jason Ackacki; James Beck, age 17, by Beck’s mother Gail Beck; and Curtis Ackacki, who is about age 17, by Ackacki’s mother Carrie Ackacki 1 for injuries sustained when she was struck in the eye by a stray pa...
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MEMORANDUM OPINION AND ORDER Plaintiffs, the parents of Joseph Murphy, seek to invoke the stay-put provision *355 of the Individuals with Disabilities Education Act (“IDEA” or the “Act”), 20 U.S.C. § 1415®, and to establish the Kil-donan School (“Kildonan”) as Joseph’s current educational placement. Plaintiffs also seek funding for their son’s tuition at Kil-donan from th...
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MEMORANDUM On November 4,1998 at 6:30 p.m., Plaintiff Dwayne Jackson, an African American employee of Defendant T & N Van Service (“T & N”), arrived at a First Union facility at 401 Market Street to assist other T & N employees, Defendants Joseph Larose, Walter Felton and Christopher Larosa, in preparing pallets of items to be moved on the Concourse Le...
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88 F. Supp. 2d 395 (2000) VECTOR SECURITY, INC., Plaintiff, v. Dwayne STEWART Jr., et al., Defendants. No. CIV A-00-944. United States District Court, E.D. Pennsylvania. March 8, 2000. *396 Eric J. Pritchard, Tannenbaum and Chanin, Philadelphia, PA, for Plaintiff. MEMORANDUM AND ORDER KATZ, Senior District Judge. On February 22, 2000 Plaintiff Vector Security, Inc. brought a motion for a tempora...
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ORDER GRANTING DEFENDANTS’ MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION Before the court by consent of the parties is the motion of defendants, Turbine Design, Inc. and Douglas K. Karlsen, to dismiss plaintiffs complaint, pursuant to Rule 12(b) of the Federal Rules of -Civil Procedure, for lack of personal jurisdiction and failure to state a claim. The court has carefully considere...
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84 F. Supp. 2d 736 (2000) Wanda W. KING, Plaintiff, v. DONNKENNY, INC., Defendant. No. Civ.A. 98-0058-A. United States District Court, W.D. Virginia, Abingdon Division. February 1, 2000. *737 Mary Lynn Tate, Abingdon, VA, for plaintiff. Stephen M. Hodges, Abingdon, VA, Harvey B. Cohen, Arlington, VA, Dennis J. Block, New York City, for defendants. MEMORANDUM OPINION AND ORDER GLEN M. WILLIAMS, S...
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ORDER This matter is before the court on Sterling Factors Inc.’s dual appeal from the judgment of the Bankruptcy Court for the Northern District of Georgia and Appel-lees Michael W.J. Whelan’s and Edward T. Schaner’s motions to dismiss. I. Statement of the Case Appellant Sterling Factors, Inc. (“Sterling”), brings the instant appeal challenging the bankruptcy court’s refusal...
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MEMORANDUM OPINION This matter is before the Court on cross motions for summary judgment, and on Plaintiffs’ motion for a preliminary injunction. The Court finds that oral argument is not necessary. For the following reasons, Plaintiffs’ motion will be granted. Defendant’s motion will be denied. Plaintiffs’ motion for a preliminary injunction will be denied as moot. Background ...
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I. INTRODUCTION This matter is before the Court on the Defendants’ Motion to Dismiss for Failure to State a Claim Upon Which Relief Can be Granted filed on September 5, 1997, and on Defendants’ Motion to Dismiss Under Doctrine of Primary Jurisdiction filed on January 15, 1998. By Order dated August 17, 1998, this Court stayed this action pending the Defendants’ appeal to the Sixth Circuit....
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MEMORANDUM-DECISION and ORDER I. INTRODUCTION This matter is on remand from the United States Court of Appeals for the Second Circuit. The mandate was filed July 16, 1999, vacating the previously-issued injunction as moot, dismissing the appeal, and remanding to this court. See Cavallo v. Utica-Watertown Health Ins. Co., 181 F.3d 82 (2d Cir. 1999) (Table) (unpublished summary order available at...
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MEMORANDUM OPINION AND ORDER Plaintiff pro se brings this action against defendants Fashion Institute of Technology (“FIT”), Joan Volpe, Barbara Janoff, Barbara Lovato and Carol DeSantis alleging employment discrimination under Title VII of the Civil Rights Act of 1964 as amended by 42 U.S.C. § 2000e et seq. (“Title VII”) and the Age Discrimination in Employment Act of 1967, 29 U.S.C. § 621...
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OPINION AND ORDER The defendant Allou Distributors, Inc. (“Allou”) moves to dismiss the complaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure for lack of subject matter jurisdiction over this interstate transportation action. This motion is before the undersigned on consent of the parties. 28 U.S.C. § 636(c)(1). For the reasons stated below, the defendant’s motio...
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OPINION Plaintiffs, in their individual capacities as limited partners and lenders of Coronet Capital Company, a New York limited partnership (“Coronet”), allege that the parties controlling Coronet defrauded them, in violation of: (1) section 10(b) of the Securities Exchange Act of 1934 (the “1934 Act”), 15 U.S.C. § 78j(b), and SEC Rule 10b-5 promulgated thereunder (the “Securities C...
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*301 MEMORANDUM AND ORDER For more years than one might have imagined likely, the large insurance companies that are the parties to this lawsuit have been squabbling like schoolchildren over how to arbitrate disputes that both sides agree are subject to arbitration. On the one side is the Hartford Accident & Indemnity Company together with a number of its affiliates 1 ...
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ORDER This case was referred to Magistrate Judge Carol E. Heckman pursuant to 28 U.S.C. § 636(b)(1), on May 12, 1998. On September 1, 1999, defendant filed a motion for summary judgment. On December 17, 1999, Magistrate Judge Heckman filed a Report and Recommendation, recommending that defendant’s motion be granted in part and denied in part. Plaintiff filed objections to the Report ...
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OPINION AND ORDER This uncertified class action raises a narrow but important issue that remains unsettled in the Second Circuit, namely whether a plan beneficiary may maintain an action under the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. § 1001 et seq., solely to recover interest on plan benefits that were paid after a period of delay. Although the majority...
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Memorandum Opinion and Order This matter is before the Court on' Plaintiffs’ Amended Motion for Prelimi *3 nary Injunction and Defendant’s Motion to Dismiss or Alternatively for Summary Judgment. 1 Based on the briefs in support of those motions, the oppositions and replies thereto, the parties’ oral arguments, and the supplemental briefs filed in response to r...
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MEMORANDUM AND ORDER To New Yorkers and transplanted New Yorkers, a bagel 1 is quintessential^ New York. The doughnut-shaped bread, boiled in water and baked to produce a crisp, mellow-brown skin and a delectable, chewy interior is an American success story. Brought to the United States by Jewish immigrants from Eastern Europe, the bagel has emerged from the obscurity of th...
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*860 ORDER Defendant, Sears, Roebuck, and Co., (“Sears”), has moved, pursuant to Rules 12(b)(1) and 23(d)(4) of the Federal Rules of Civil Procedure, to dismiss Plaintiffs Class Action counts for want of jurisdiction. After careful consideration of the Defendant’s Motion, and Plaintiffs Response thereto, the Court will GRANT Defendant’s motion in part, and DENY it in part. ...
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MEMORANDUM The plaintiff, Choice Hotels International, Inc., filed suit against defendants Madison Three, Inc., Herbert G. Ingram,. R. Norman Peters and David G. Massad (together, “Madison”) for damages arising out of the termination of a franchise agreement related to the operation of a hotel in Worcester, Massachusetts, under Choice’s Clarion® trademark. 1 Jurisdiction is bas...
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MEMORANDUM OPINION AND ORDER Windsor Industries, Inc. (‘Windsor”) has filed this action seeking a declaratory judgment that Windsor has not infringed the design patent or any valid trade dress rights belonging to Pro-Team, Inc. (“Pro-Team”). Pending are Windsor’s Motion to Dismiss Count III of Pro-Team, Inc.’s Counterclaims and Windsor’s Motion to Bifurcate and Stay Damage Related Discovery. ...
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85 F. Supp. 2d 191 (2000) Edward T. HAMMER, Plaintiff, v. U.S. DEPARTMENT OF EDUCATION, Suffolk University, Marist College, and Suny Brockport, Defendants. No. CV 99-2973. United States District Court, E.D. New York. March 3, 2000. Edward T. Hammer, Garden City, NY, for Plaintiff Pro Se. Loretta E. Lynch, United States Attorney for the Eastern District of New York, Brooklyn, NY, by Michael J. Gol...
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81 F. Supp. 2d 1292 (2000) Donna BATES, Plaintiff, v. GREYHOUND LINES, INC., Defendant. No. 4:97CV394-RH. United States District Court, N.D. Florida, Tallahassee Division. January 21, 2000. *1293 Marie A. Mattox, Mattox & Hood PA, Tallahassee, FL, for Donna Bates, plaintiff. Darren Alter Schwartz, D. Andrew Byrne, Cooper Byrne Blue Etc, Tallahassee, FL, for Greyhound Lines Inc, defendant. OR...
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MEMORANDUM Plaintiff Associated Utility Contractors of Maryland, Inc. (“AUC”) filed this action to challenge the continued implementation of the affirmative action program created by Baltimore City Ordinance 610, Balt. City Code §§ 217-226B (“the Ordinance”). The Ordinance was enacted in 1990 and authorizes the City to establish annually numerical set-aside goals applicable to a wide rang...
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MEMORANDUM OF DECISION AND ORDER This case involves allegations that the Defendant United Parcel Service (“UPS”) violated the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq. (“ADA”) by failing to accommodate the Plaintiffs alleged disability resulting from her suffering a miscarriage and by retaliating against her for requesting a reasonable accommodation. Presently ...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW In this tort action by plaintiff V. Jo Anne Simpson against defendants Howard *1113 and Jean Burrows, husband and wife, 1 plaintiff brings claims of intimidation, intentional infliction of emotional distress, invasion of privacy, and libel. 2 Plaintiffs claims are based on her allegations that defendants authored a...
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MEMORANDUM OPINION AND ORDER This case is before the Court on remand from the Court of Appeals. See Doyle v. Kamenkowitz, 114 F.3d 371 (2d Cir.1997). At issue is the right of former officers of a labor union to recover from that union attorney’s fees incurred by those former officers in successfully defending against claims for wrongdoing asserted against them by the union ...
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MEMORANDUM OF DECISION AND ORDER The fiduciary duty of loyalty imposed by ERISA is designed to ensure that fund assets are held and administered for the sole and exclusive benefit of plan participants. O’Neil v. Retirement Plan for Salaried Employees of RKO General, Inc., 37 F.3d 55, 61 (2d Cir.1994) (citing Levy v. Local Union Number 810, 20 F.3d 516, 519 [2d Cir.1994]). I. BACKGROUND On April...
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*4 MEMORANDUM OF DECISION AND ORDER Presently before the Court is Debt- or/Appellant Evelyn Litwok’s appeal from a finding by United States Bankruptcy Judge Francis Conrad, pursuant to 11 U.S.C. § 523(a)(6), that a debt of more than $2.3 million, owed by Litwok to Creditor/Appellee Republic New York Securities Corp. (“Republic”), was not dis-chargeable in bankruptcy because it was the result ...
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85 F. Supp. 2d 321 (2000) David C. EMANUEL, Plaintiff, v. OLIVER, WYMAN & COMPANY, LLC, and John Drzik, Defendants. No. 98 Civ. 5405(DC). United States District Court, S.D. New York. March 9, 2000. *322 *323 Alfred E. Smith, Robert J. Barsch, New York City, for plaintiff David C. Emanuel. Piper Marbury Rudnick & Wolfe LLP, Oliver, Wyman & Company, LLC and John Drzik by Robert A. Meist...
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176 F. Supp. 2d 99 (2000) Jean Camille CHAMBLIN, a/k/a John Chamblin v. IMMIGRATION AND NATURALIZATION SERVICE No. CIV. 98-97-JD. United States District Court, D. New Hampshire. February 28, 2000. *100 Steven M. Gordon, Shaheen & Gordon, Concord, NH, for plaintiff. Peter E. Papps, U.S. Attorney's Office, Concord, NH, Thankful T. Vandersteer, Dept. of Justice, Civ. Div., Office of Immigration ...
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91 F.Supp.2d 1125 (2000) UNITED STATES of America, plaintiff, v. Sayyed YAMINI, Defendant. No. C2-99-149. United States District Court, S.D. Ohio, Eastern Division. February 24, 2000. ORDER MARBLEY, District Judge. This cause comes before the Court on Defendant Sayyed Yamini's Motion for Revocation of Detention Order. Defendant requested an oral hearing pursuant to 18 U.S.C. § 3142 to review Mag...
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MEMORANDUM OPINION AND ORDER I. INTRODUCTION This cause is before the court on a Motion to Add a Real Party in Interest Under Rule 17(a), filed by the Defendants on February 2, 2000. In this case, the Plaintiff, John Story, contends that he suffered injuries and damages in an automobile accident caused by Defendant Paulk, who was driving a tractor trailer within the line and scope of his employ...
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MEMORANDUM Introduction This is the opinion in a copyright infringement case that was tried before the Court, sitting without a jury. Because of the complexity of the facts, a brief summary is in order. In 1994, Defendants, Universal City Studios, Inc. (“Universal Studios”) and Am-blin’ Entertainment, Inc. (“Amblin”), were producing a motion picture entitled, How t...
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116 F.Supp.2d 244 (2000) The COAKLEY LANDFILL GROUP v. IT CORPORATION, et al. No. Civ. 98-167-JM. United States District Court, D. New Hampshire. February 18, 2000. George R. Moore, Devine, Milliment & Branch PA, Manchester, NH, for Coakley Landfill Group, Gary W. Blake, Jr., Booth Fisheries Corp., BFI Waste of North America, Inc., Custom Pools, Inc., Erie Scientific Co., George Frisbee, Osra...
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DECISION AND ORDER This matter is the latest installment in the extensive litigation resulting from New Hampshire’s attempt to deregulate its electric utility industry. 1 However, for the reasons set forth below, the particular issue decided today is distinct from the many issues surrounding the implementation of that deregulation effort. Specifically, the question before t...
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MEMORANDUM OF DECISION Amy Bewley and her children brought this medical malpractice action against three doctors and a hospital for their alleged failure to diagnose and treat Amy Bewley for an infection she claims to have developed during childbirth. The United States, having previously substituted itself for two of the doctors, now moves to dismiss the claims against it for lack of subject ...
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AMENDED ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT Before the Court are Defendants’ .Motion for Summary Judgment and Brief in Support, filed September 30, 1999; Plaintiffs Response to Defendants’ Motion for Summary Judgment, filed October 25, 1999; and Defendants’ Reply to Plaintiffs Response, filed November 1, 1999. After due consideration of the m...
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80 F.Supp.2d 297 (2000) Dennis ESPINOSA, Plaintiff, v. CONTINENTAL AIRLINES, Manny Horta, Daniel Wineglass, and Jim McGuiness, individually, Defendants. No. CIV. 99-1925(WGB). United States District Court, D. New Jersey. January 14, 2000. *298 Matthew Grabell, Deutsch Resnick Green & Gramigna, Hackensack, NJ, for Plaintiff Dennis Espinosa. Robert H. Bernstein, Epstein Becker & Green, P.C....
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ORDER DENYING MOTION TO DISMISS STATE CLAIMS ORDER GRANTING MOTION TO DISMISS OFFICIAL-CAPACITY CLAIMS ORDER DENYING MOTION TO DISMISS FOURTEENTH AMENDMENT CLAIMS Pending before the Court are two Motions of Defendants: Defendants’ Motion to Dismiss State Law Claims and Defendants’ Motion For Partial Dismissal of Federal Claims. For the reasons stated below, Defendants’ Motion to Dismiss Sta...
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115 F. Supp. 2d 188 (2000) Diane STEWART, Individually and as Guardian of the person and Estate of George W. Stewart, Plaintiff, v. Dennis ROBINSON, Superintendent Carroll County House of Correction, the Carroll County Commissioners, Nathan Weeks, Frank Holt, the Conway Police Department, and John Doe Officers of the Conway Police Department, Defendants. No. Civ. 98-620-M. United States District ...
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OPINION AND ORDER Defendant Ramón Luciano del Rosario is charged with possession with intent to distribute seven-hundred kilograms of cocaine pursuant to 21 U.S.C. §§ 841(a)(1) (1978) and 952(a) (1984) and 18 U.S.C. § 2 (1951). Defendant moves to dismiss his indictment premised on the argument that the appointment of Mr. Guillermo Gil as interim United States Attorney of the District of Puert...
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MEMORANDUM OF OPINION AND ORDER DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT This case is before the Court on a Report and Recommendation (“R & R”) filed by United States Magistrate Judge Patricia A. Hemann regarding the Motion for Summary Judgment filed by Defendant Dick Enterprises, Inc. (“Dick Enterprises”). Dick Enterprises has moved for summary judgment on the basis that Plain...
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MEMORANDUM AND ORDER Plaintiff Advanced Technology Corporation (“ATC”) brings this action seeking cost recovery and, in the alternative, contribution from defendant Eliskim, Inc. for response costs incurred by ATC under the Comprehensive Environmental Response Compensating and Liability Act of 1980, as amended, 42 U.S.C. § 9601, et seq. (“CERCLA”). ATC also seeks declarator...
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ORDER DENYING MOTION TO DISMISS COUNT 1 OF THE INDICTMENT AND DENYING MOTION TO DISMISS FORFEITURE ACTION .This case is before the Court on the motion of Defendants Jantz Clinkscale and Sheila Clinkscale to dismiss Count 1 of the indictment and to dismiss the forfeiture action as to certain conveyances. 1 The government responded to the motion to *782 dismiss Count I on 16 November 1999, ...
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116 F. Supp. 2d 237 (2000) THE COAKLEY LANDFILL GROUP v. IT CORPORATION. No. Civ. 98-167-JM. United States District Court, D. New Hampshire. February 18, 2000. *238 George R. Moore, Devine Millimet & Branch PA, Manchester, NH, for Plaintiff. Jeremy Ritzenberg, Michael J. Connolly, Hinckley, Allen & Snyder, Boston, MA, George R. Moore, Ovide M. Lamontagne, Devine Millimet & Branch PA, ...
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89 F. Supp. 2d 784 (2000) Rodney SMITH v. Evelyn REYNAUD. No. Civ.A. 99-1858 A. United States District Court, W.D. Louisiana, Alexandria Division. January 25, 2000. *785 Rodney Smith, Angola, LA, plaintiff pro se. JUDGMENT LITTLE, Chief Judge. Before this court is the report and recommendation of the magistrate, which advises us to dismiss with prejudice as frivolous plaintiff Rodney Smith's ("S...
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MEMORANDUM OPINION AND ORDER Pending is Plaintiff Iris Bostic’s motion for award of attorney fees. The Court GRANTS the motion as moulded. I. FACTUAL BACKGROUND In 1997, 65 year-old Iris Bostic took out a home equity loan with Defendants (AGF). She filed a complaint in March 1998, alleging the loan violated the Truth in Lending Act (TILA) and the West Virginia Consumer Credi...
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MEMORANDUM OF DECISION Richard A. Dion pled guilty to five counts of an indictment charging him with distributing cocaine, (Cr. No. 99-32), and to three counts of a separate indictment charging him with racketeering and extortion. (Cr.99-33-06.) Because the quantity of cocaine distributed was more than 500 grams, the Federal Sentencing Guidelines call for a sentence of 63-78 mont...
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MEMORANDUM — DECISION AND ORDER This is a diversity action in which Plaintiff alleges breach of a license agreement, and now comes before the Court seeking summary judgment. For the reasons set forth below, Plaintiffs motion is denied. I. BACKGROUND Plaintiff is a manufacturer and national marketer of teddy bears, which are marketed' under several names, including “Vermont Teddy Bear” a...
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OPINION AND ORDER In this qui tam case, Dr. Thomas J. Poulton, M.D. (“Dr. Poulton,” “relator,” “Plaintiff’), relator in the above captioned matter, moves for attorneys’ fees and costs (paper 64), pursuant to 31 U.S.C. § 3730(d)(1). Defendant Fletcher Allen Health Care (“FAHC”) opposes the motion on several grounds (paper 66), which are enumerated and addressed below. For the following...
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MEMORANDUM ORDER Before the court are the following motions: (1) the motions of the defendants, Grant Thornton, L.L.P. (“Grant Thornton”), Holland & Knight, L.L.P. (“Holland & Knight”), and Gary L. Rowan (“Rowan”) (collectively, the “defendants”) to dismiss this case for failure to state a claim on which relief can be granted; (2) Holland & Knight’s motion to sever and transfer; and (...
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MEMORANDUM OPINION AND ORDER It is hereby: ORDERED that the Court’s Memorandum Decision Granting in Part and Denying in Part Plaintiffs’ Motion for a Preliminary Injunction, 43 F.Supp.2d 449 *252 (S.D.N.Y.1999) (the “Decision”), is hereby VACATED only to the extent that it denied plaintiffs’ motion for a preliminary injunction. The following parts of the Decision are hereby VACATED: sec...
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106 F. Supp. 2d 845 (2000) VIRTUAL WORKS, INC., Plaintiff, v. NETWORK SOLUTIONS, INC., Volkswagen of America, Inc., and Volkswagen AG, Defendants. Volkswagen AG and Volkswagen of America, Inc., Counterclaim Plaintiffs, v. Virtual Works, Inc., Counterclaim Defendant. No. Civ.A. 99-1289-A. United States District Court, E.D. Virginia, Alexandria Division. February 24, 2000. *846 William H. Bode, Bod...
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112 F. Supp. 2d 502 (2000) CAESARS WORLD, INC., Plaintiff, v. CAESARS-PALACE.COM, et al., Defendants. No. Civ.A. 99-550-A. United States District Court, E.D. Virginia, Alexandria Division. March 3, 2000. *503 John F. Anderson, Richards McGettigan Reilly & West, PC, Alexandria, VA, for plaintiff. Charles F.B. McAleer, Jr., Miller & Chevalier, Washington, DC, for Casares.Com, Casare.Org., C...
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*904 MEMORANDUM AND ORDER On December 22, 1998, the government filed two complaints pursuant to Internal Revenue Code (“IRC”) § 7405 to recover tax refunds issued to the Inland Steel Industries Pension Trust (Inland Trust) (98 C 8217) and the Caterpillar Tractor Company Master Trust (Caterpillar Master Trust) (98 C 7272). The Northern Trust Company (Northern Trust), the named...
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92 F.Supp.2d 760 (2000) Gus CHANDLER, Plaintiff, v. BOARD OF EDUCATION OF THE CITY OF CHICAGO, etc., et al., Defendants. No. 99 C 3550. United States District Court, N.D. Illinois, Eastern Division. February 28, 2000. Gregory Nathan Freerksen, Marla J. Haley, Witwer, Poltrock & Giampietro, Chicago, IL, for plaintiff. Rohit Sahgal, Paul A. Patten, Marilyn F. Johnson, Chicago School Reform Bd. ...
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89 F. Supp. 2d 1011 (2000) Carla A. HOWE, Individually and as Personal Representative of the Estate of Robert Charles Howe, Deceased, Plaintiff, v. ZURICH AMERICAN INSURANCE COMPANY, Defendant. No. 99 C 4960. United States District Court, N.D. Illinois, Eastern Division. February 28, 2000. MEMORANDUM OPINION AND ORDER SHADUR, Senior District Judge. Carla Howe ("Carla"), both individually and as ...
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85 F.Supp.2d 866 (2000) Monroe CAMPBELL, Plaintiff, v. DOMINICK'S FINER FOODS, INC., Defendant. No. 98 C 3434. United States District Court, N.D. Illinois, Eastern Division. March 8, 2000. *867 *868 Chelsey R. Parkman, Parkman & Owens, for Monroe Campbell, Chicago, IL, for plaintiff. MEMORANDUM OPINION AND ORDER LEVIN, United States Magistrate Judge. Plaintiff Monroe Campbell ("Campbell") ha...
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MEMORANDUM AND ORDER Plaintiff Joseph Williams moves to certify a class action against defendant Ford Motor Company (Ford) for alleged violations of the Illinois Consumer Fraud Act. For the reasons stated below, plaintiffs motion is denied. BACKGROUND Plaintiffs complaint in this lawsuit has been amended numerous times and by the third amended complaint his theory has markedly changed. Some o...
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85 F. Supp. 2d 420 (2000) BRISTOL-MYERS SQUIBB CO., Plaintiff, v. BOEHRINGER INGELHEIM CORP., Ben Venue Laboratories, Inc., and Bedford Laboratories, Defendants. No. CIV. A. 97-6050 (WHW). United States District Court, D. New Jersey. March 1, 2000. *421 Andrew T. Berry, McCarter & English, Newark, NJ, for Bristol-Meyers Squibb Co. H. Curtis Meanor, Podvey, Sachs, Meanor, Catenacci, Hildner &a...
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MEMORANDUM Before me is (1) an appeal from the Bankruptcy Court’s order of July 21, 1999 converting the Appellant Camden Ordnance Manufacturing Co. of Arkansas, Inc.’s (“Camden”) voluntary Chapter 11 *797 case to a Chapter 7 case; (2) Camden’s motion to withdraw the reference pursuant to 28 U.S.C. § 157(d); and (3) Camden’s motion to strike the brief of Israel Military In...
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88 F. Supp. 2d 881 (2000) Gregory DALEY, Sherry L. Bigalke, and Charles E. Jones, Jr., Plaintiffs, v. PROVENA HOSPITALS, an Illinois corporation, Provena Health, an Illinois corporation, and John Does 1-10, Defendants. No. 99 C 0187. United States District Court, N.D. Illinois, Eastern Division. March 9, 2000. *882 Daniel A. Edelman, Cathleen M. Combs, James O. Latturner, Christopher R. Zink, Ede...
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85 F. Supp. 2d 37 (2000) Fasil TESFAYE, Plaintiff, v. CARR PARK, INC., Defendant. No. CIV. A. 99-2561(JR). United States District Court, District of Columbia. February 1, 2000. William Payne, Payne & Wright, Washington, DC, for Plaintiff. William G. Miossi, M. Carter DeLorme, Winston & Strawn, Washington, DC, for Defendant. MEMORANDUM ROBERTSON, District Judge. Plaintiff Fasil Tesfaye, a...
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MEMORANDUM William Black claims that the National Football League Players Association (NFLPA) unlawfully initiated disciplinary proceedings against him, affecting his livelihood as a player agent. NFLPA moves for summary judgment. 1 Plaintiff opposes that motion and moves for leave to amend. Plaintiff will be permitted to take discovery on his claim of discrimination under ...
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MEMORANDUM Plaintiff sues under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., alleging racially discriminatory denial of job training and retaliation for filing an EEOC complaint. Defendant moves to dismiss or for summary judgment. The motion for summary judgment must be granted because plaintiff asserted his discrimination claim too late, and because plaintiff has n...
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*2 MEMORANDUM Plaintiffs Shan and Morgan Sparshott assert federal and common law privacy violations stemming from defendants’ alleged wiretapping and video surveillance of their activities at home and at work, by and through the actions of a former senior officer and director of Feld Entertainment, Inc. Before the Court is defendants’ motion to dismiss all claims against Feld...
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MEMORANDUM The only issue remaining for decision in this FOIA action is whether the Department of Housing and Urban Development (“HUD”) properly denied plaintiffs’ petitions for fee waivers. Plaintiffs have failed to demonstrate that release of the documents they seek will contribute to public understanding of the operation of government. Their motion for summary judgment must accordingly be de...
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MEMORANDUM & ORDER Before the court are cross-motions for summary judgment submitted by the plaintiff and the defendant in this declaratory action pertaining to insurance coverage. Because the court finds that the insurance policy in question permits the defendant to recover both underinsured motorist benefits and liability benefits in some circumstances, the defendant’s motion will b...
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OPINION AND ORDER Plaintiff Sanneman (“Plaintiff’) brings this case against Defendant DaimlerChrysler Corporation, formerly known as Chrysler Corporation (“Defendant”). Specifically, Plaintiff alleges consumer fraud and deceptive business practice (Count I), fraud (Count II), breach of implied warranty of merchantability (Count III) and negligence (Count IV), all arising from the purchase of a ...
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OPINION OF THE COURT This 'case presents a five-count indictment, charging defendant Robert L. Spears with three counts of income tax evasion, in violation of 26 U.S.C. § 7201, and two counts of making false claims against the United States, in violation of 18 U.S.C. § 287. Trial was initially commenced before the Honorable Richard A. Enslen, Chief Judge of this Court, on September 13, 1999. Af...
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85 F. Supp. 2d 747 (2000) Jean M. PLOTNER, Plaintiff, v. SWANTON LOCAL BOARD OF EDUCATION, Defendant. No. 3:98 CV 7743. United States District Court, N.D. Ohio, Western Division. March 9, 2000. *748 *749 Denise M. Heberle, Toledo, OH, for Jean M Plotner, plaintiff. Ronald S. Moening, Sr., Robison, Curphey & O'Connell, Toledo, OH, for Swanton Local Board of Education, defendant. Ronald S. Moen...
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85 F. Supp. 2d 757 (2000) Edward E. PALMER, Plaintiff, v. HEALTH CARE MANOR CARE, Defendant. No. 3:98 CV 7765. United States District Court, N.D. Ohio, Western Division. March 9, 2000. Edward E. Palmer, Toledo, OH, plaintiff pro se. Janis E. Foley, Michael Lee Stokes, Cooper, Walinski & Cramer, Toledo, OH, for Health Care Manor Care, defendant. *758 MEMORANDUM OPINION KATZ, District Judge....
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122 F. Supp. 2d 915 (2000) Richard BARNETT, et al., Plaintiffs, v. CITY OF CHICAGO, et al., Defendants. and Carole Bialczak, et al., Defendant-Intervenors. Nos. 92 C 1683, 92 C 2104 and 92 C 2666. United States District Court, N.D. Illinois, Eastern Division. February 29, 2000. *916 Judson H. Miner, Miner Barnhill & Galland, Chicago, IL, Jacqueline A. Berrien, New York City, Nathaniel R. Hows...
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80 F.Supp.2d 1047 (2000) Lucian J. NORCIA, Plaintiff, v. The EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES; Paul Revere Life Insurance Company; and Provident Companies, Inc., Defendants. No. Civ.A. 980192PHXRGS. United States District Court, D. Arizona. January 19, 2000. Calvin C Thur, Thur & O'Sullivan PC, Scottsdale, AZ, for Lucian J Norcia, plaintiff. Pamela B Petersen, Lewis &...
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MEMORANDUM & ORDER Before the court is plaintiffs’ motion for certification of a class of plaintiffs who were participants or beneficiaries in the defendants’ retirement savings plan. Because the court finds that the proposed class meets the requirements of Federal Rule of Civil Procedure 23 and that certifying the class at this time will facilitate the fair and efficient resolution of this mat...
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MEMORANDUM Now before the Court is the motion of defendant Metropolitan Life Insurance Company for summary judgment (Document No. 13). Upon consideration of the motion, plaintiffs response (Document No. 15), and the memoranda and evidence submitted therewith, pursuant to Rule 56 of the Federal Rules of Civil Procedure, defendant’s motion will be granted. I. BACKGROUND Plaintiff ...
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MEMORANDUM Defendant National Railroad Passenger Corporation has filed a motion for summary judgment in the two above-captioned matters, which sound in Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e, et seq., the Federal Employers’ Liability Act; 45 U.S.C. §§ 51, et seq., and Pennsylvania tort law. Upon consideration of defendant’s motion (Document No. 17 in Case No. 98-342...
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82 F. Supp. 2d 1012 (2000) K & K JUMP START/CHARGERS, INC. and Bonnet Enterprises, LLC., Plaintiffs, v. SCHUMACHER ELECTRIC CORP., Defendant. No. 98-0905-CV-W-6. United States District Court, W.D. Missouri, Western Division. February 1, 2000. *1013 Richard R. Johnson, Shook, Hardy & Bacon, L.L.P., Kansas City, MO, for plaintiffs. Gerald M. Kraai, Litman, Kraai & Brown L.L.C., Kansas C...
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82 F.Supp.2d 911 (2000) Terrance LOVE, Plaintiff, v. COOK COUNTY, ILLINOIS, Michael F. Sheahan, Sheriff of Cook County, James W. Fairman, Ernesto Velasco, Marcus Lyles, and Unknown Cook County Dept. of Corrections Employees, Defendants. No. 99 C 1243. United States District Court, N.D. Illinois, Eastern Division. January 28, 2000. *912 Terrance Love, Vienna, IL, pro se. Mark Edward Ferguson, Shaw...
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84 F.Supp.2d 642 (2000) Brian NICHOLS, Plaintiff, v. COMCAST CABLEVISION OF MARYLAND, Defendant. No. Civ.A. WMN-98-3091. United States District Court, D. Maryland. January 19, 2000. *643 *644 *645 Catherine Flynn of Mead & Flynn, P.A., Baltimore, MD, for Plaintiff. Ari J. Kodeck, Ned S. Kodeck of Ned S. Kodeck, Chartered, Baltimore, MD, for Defendant. MEMORANDUM OPINION GESNER, United States...
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246 B.R. 532 (2000) SOUTHERN PACIFIC TRANSPORTATION COMPANY and St. Louis Southwestern Railway Company, Appellants, v. VOLUNTARY PURCHASING GROUPS, INC., Appellee. No. 3:98-CV-051. United States District Court, E.D. Texas, Paris Division. March 7, 2000. David W. Elrod, Michael Calvin Wright, Mark A. Calhoun, Elizabeth Reding Gambrell, Calhoun & Stacy, Dallas, TX, for *533 Southern Pacific Tra...
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88 F. Supp. 2d 567 (2000) Victoria SMYTH, et al., Plaintiffs, v. Clarence H. CARTER, Defendant. No. CIV.A. 5:96CV00089. United States District Court, W.D. Virginia, Harrisonburg Division. February 4, 2000. Steven Lloyd Myers, Virginia Poverty Law Center, Inc., Richmond, VA, Edward M. Wayland, Edward M. Wayland, North Garden, VA, for Plaintiffs. James S. Gilmore, III, William Henry Hurd, Siran S. ...
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ORDER GRANTING DEFENDANT’S MOTION TO STAY Plaintiff Frontier Pacific Insurance Co. (“Frontier”) brings this action for a declaratory judgment that Defendant Marathon Ashland Petroleum, L.L.C. (“Marathon”) is not entitled to indemnification or defense from Frontier for its liability in a related case now pending trial in Texas state court, styled John Eichor v. Marathon Ashland P...
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ORDER On this day the Court revisited Defendants Enviros Ltd. (“Enviros”), Biotal Ltd., and Biotal, Inc.’s, Motion to Dismiss, filed July 2, 1999. Plaintiff, Nutrition Physiology Corporation (“NPC”), filed a Response to Defendants’ Motion on July 22,1999, to which Defendants filed a Reply on August 6, 1999. On October 28, 1999, the Court denied Defendants’ Motion to Dismiss for failur...
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MEMORANDUM AND ORDER Defendant Memorial Hospital renews its motion to dismiss Dr. Thomas M. Mattice’s complaint alleging that Memorial discriminated against him in violation of the Americans with Disabilities Act (“ADA”). On August 3, the court denied without prejudice Memorial’s earlier motion to dismiss, which claimed that Dr. Mattice’s allegation that he was disabled as defined by the ADA ...
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88 F. Supp. 2d 659 (2000) CENTURY ASSETS CORP., individually and derivatively on behalf of Century Resources Land, L.L.C. and Edward R. Destefano, Plaintiffs, v. Sheldon SOLOW and Steven M. Cherniak, Defendants. No. 1:99-CV-819. United States District Court, E.D. Texas, Beaumont Division. January 31, 2000. *660 Mark L.D. Wawro, Jonathan Jeffrey Ross, Susman Godfrey LLP, Houston, R.F. "Bo" Horka, ...
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MEMORANDUM OPINION AND ORDER Before the Court is Defendants’ Renewed Motion to Dismiss (R.Mot. Dismiss, docket no. 63). After careful consideration of Defendants’ motion, and the pertinent law, the Court enters the following memorandum opinion and order. I. Background and Procedural History. This matter arises from the. sale of A.B. Dick Company, Inc. (“A.B.Dick”) by Th...
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*612MEMORANDUM OPINION AND ORDER ON PENDING MOTIONS Eerix Corporation’s (“Ecrix”) original complaint requested me to issue a declaratory judgment that it was not infringing any of Exabyte Corporation’s (“Exabyte”) patents. Ecrix manufactures helical-scan drives for recording computer data.1 Exabyte has at least seven patents on methods of recording and reading helically-recorded data. Ecrix filed...
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ORDER Plaintiff, Kenneteh L. Nalley, Jr., filed a Complaint in this Court on February 16, 1999, seeking review of the Commission *948 er’s decision to deny his claim for Social Security benefits under Title II and Title XVI of the Social Security Act, 42 U.S.C. §§ 401 et seq., 1381 et seq. This Court may review a final decision by the Commissioner. 42 U.S.C. § 405(g). For the reasons set ...
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MEMORANDUM OPINION AND ORDER In this employment discrimination action, Defendant Dillon Companies, Inc., d/b/a King Soopers, Inc. (“King Soopers”), moves pursuant to Rule 56(b) for summary judgment on Ms. Thalos’ disability discrimination claim. The motion is adequately briefed and oral argument would not materially aid its resolution. For the reasons set forth below, I grant in part and deny i...
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MEMORANDUM AND ORDER I. Introduction This action involves a dispute between Founders Bank of Arizona (“Founders”), as successor trustee to various trusts that owned certain real property in Scottsdale, Arizona (the “Property”), and Chrysler Realty Corporation (“Chrysler”), the former lessee of the Property. Founders contends that Chrysler failed to maintain a building located on the Prope...
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*959 MEMORANDUM AND ORDER I. Introduction These two related cases originally came before the Court upon cross motions for summary judgment. Following the lead of my distinguished colleague, Judge Robert Keeton, “it is my practice to discourage cross-motions [for summary judgement] and encourage, in their stead, a trial, mostly or entirely on stipulated facts.” Ro...
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91 F.Supp.2d 1196 (2000) Daniel SHERWOOD, et. al., Plaintiffs, v. MICROSOFT CORP., et. al., Defendants. No. 3:99-1191. United States District Court, M.D. Tennessee, Nashville Division. February 22, 2000. *1197 C. Dewey Branstetter, Jr., James Gerard Stranch, III, Branstetter, Kilgore, Stranch & Jennings, Nashville, TN, George Edward Barrett, Douglas S. Johnston, Jr., Edmund L. Carey, Jr., Bar...
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185 F. Supp. 2d 607 (2000) ALLSTATE INSURANCE COMPANY Plaintiff, v. William M. BATES and Patricia Bates, Defendants. No. 5:99CV390-BR. United States District Court, E.D. North Carolina. Western Division. February 3, 2000. *608 James P. Cooney, III, Kennedy, Covington, Lobdill & Hickman, Charlotte, NC, for Plaintiff. *609 William M. Bates, pro se. O. Hampton Whittington, Jr., Benson, NC, for D...
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ORDER Plaintiffs motion for partial summary judgment is before the court. On 9 March 1999, plaintiffs St. Paul Fire and Marine Insurance Company (St.Paul), Hardin Construction Group, Inc., Hardin Investment Associates XI, LTD., Hardin Capital, LLC, and RDU Hotel Partners, LLC (collectively “Hardin” or “the Hardin plaintiffs”) filed a complaint alleging *586 breach of...
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100 F. Supp. 2d 335 (2000) AMWEST SURETY INSURANCE COMPANY, Plaintiff, v. Sherre E. VAUGHN, Bryan J. Edwards, and Tina M. Edwards, Defendants. No. 5:98-CV-148-BO(3). United States District Court, E.D. North Carolina, Western Division. February 14, 2000. *336 *337 David E. Fox, Moore & Van Allen, Raleigh, NC, for Amwest Surety Insurance Company, plaintiffs. Kevin L. Sink, Ryan Andrew Hiss, How...
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MEMORANDUM AND ORDER Linda Swartz worked for McDonald’s Corporation until autumn 1996. The parties dispute the circumstances under which her employment was terminated, but Ms. Swartz contends that McDonald’s violated the Americans with Disabilities Act (the “ADA”), 42 U.S.C. § 12101 et seq., in the course of her employment’s termination. McDonald’s moved for summary judgment, and Ms. Swartz...
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88 F. Supp. 2d 727 (2000) Kevin K. SMITH v. EQUITRAC CORPORATION. No. Civ.A. G-98-521. United States District Court, S.D. Texas, Galveston Division. March 10, 2000. *728 David A. Jameson, Attorney at Law, Galveston, TX, mediator pro se. Sheila Beth Owsley, Attorney at Law, Houston, TX, Douglas W. Poole, David P. Salyer, McLeod, Alexander, Powel and Apffel, Galveston, TX, for Kevin K. Smith, plain...
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MEMORANDUM OPINION Plaintiff, a prison inmate who claims that he was improperly subjected to prison discipline in violation of his federal constitutional rights, objects to the report and recommendation of Magistrate Judge Ellis, dated January 27, 2000, which recommended that defendants’ motion for summary judgment be granted and plaintiffs cross-motion for partial summary judgment be denied. ...
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*234 MEMORANDUM OPINION Petitioner seeks a writ of habeas corpus pursuant to 28 U.S.C. § 2254 on the grounds that the state trial court (1) erred in granting the prosecutor’s application for a missing witness charge, (2) deprived petitioner of a fair trial when it allowed the prosecutor to argue that petitioner coerced testimony at trial, and (3) committed evi-dentiary errors by admitting a h...
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OPINION In this consolidated action, plaintiffs Aaron Basha Corp. and Aaron Basha (collectively, “Basha”), who market fine jewelry, allege that defendant Felix B. Vollman, Inc., who also markets fine jewelry, has infringed Basha’s copyright in the design of baby shoe jewelry pendants, along with certain other claims. Defendant Felix B. Vollman, Inc. (“Vollman”) has in turn counterclai...
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MEMORANDUM AND ORDER Defendants are charged with numerous offenses arising out of their alleged involvement with an international terrorist organization led by Defendant Usama Bin Laden (“Bin Laden”). Presently before the Court are four motions, filed by Defendants Wadih El Hage (“El Hage”), Mam-douh Mahmud Salim (“Salim”), Mohamed Sadeek Odeh (“Odeh”), and Khalfan Khamis Mohamed (“KH...
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MEMORANDUM, FINDINGS OF FACT, CONCLUSIONS OF LAW, ORDER, AND JUDGMENT *189 TABLE OF CONTENTS IINTRODUCTION.-.-.----189 IIFACTS--.-. — -.-.189 III JURISDICTION.-.-.191 IV INTERPRETATION OF THE STIPULATION.-.192 V STATUTE OF LIMITATIONS.195 VILAW OF THE CASE.-. — .195 VIIINTEREST — .-.-.-.196 VIIIATTORNEYS’FEES — .-.196 IXCONCLUSION.-.-....
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OPINION Sexual harassment and other forms of gender discrimination in medicine and medical education are said by some to have restricted the flow of able women into the profession and burdened the training and careers of those who have entered it. 1 The plaintiff in this case alleges that she was subjected to sexual harassment through much of her training as an osteopathic ph...
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88 F. Supp. 2d 878 (2000) Wanda WALKER, Plaintiff, v. BORG-WARNER AUTOMOTIVE AUTOMATIC TRANSMISSION SYSTEMS CORPORATION, Defendant. No. 98 C 8055. United States District Court, N.D. Illinois, Eastern Division. March 8, 2000. Fred J. Beer, Alfred Y. Kirkland, Jr., Brady & Jensen, Elgin, IL, for Plaintiff. Wanda Walker, Crest Hill, IL, pro se. Mark Andrew Lies, II, Seyfarth, Shaw, Fairweather &...
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79 F.Supp.2d 1378 (2000) Jairon Antonio SEQUEIRA-BALMACEDA, Plaintiff, v. Janet RENO, as Attorney General of the United States, et al., Defendants. No. CIV. A. 199CV3323-TWT. United States District Court, N.D. Georgia, Atlanta Division. January 6, 2000. Charles H. Kuck, Schwartz Kuck & Associates, Atlanta, GA, for Jairon Antonio Sequeira-Balmaceda, petitioners. Curtis Eugene Anderson, Lori M....
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MEMORANDUM Mark McLaughlin (“McLaughlin” or “Mark McLaughlin”) was convicted by a jury in 1996 of tax evasion under 26 U.S.C. § 7201. Following vacatur of his sentence on appeal but prior to new sentencing, McLaughlin filed a timely motion for new trial, asserting five grounds for relief: 1) that the government did not meet the requirements of Brady v. Maryland, 373 U.S. 83...
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88 F. Supp. 2d 378 (2000) Robert HOLMAN, Petitioner, v. Frank D. GILLIS, et al., Respondents. No. Civ.A. 98-4276. United States District Court, E.D. Pennsylvania. February 25, 2000. *379 Jules Epstein, Kairys & Rudovsky, Philadelphia, PA, for Robert Holman, petitioner. Robert Holman, S.C.I. Graterford, Graterford, PA, petitioner pro se. Peter J. Gardner, District Attorney's Office, Phila, PA,...
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OPINION Defendants Objective Solutions, Inti. (“OSI”) and Steven B. Wolfe (“Wolfe”) (collectively, the “Defendants”) have moved under Rules 12(b)(1), 12(b)(6) and 9(c), Fed.R.Civ.P., to dismiss the complaint of plaintiff Shayne Kahn (“Kahn”) for lack of jurisdiction and for failure to state a claim upon which relief may be granted. For the reasons set forth below, the motion is grante...
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OPINION In this contract case, involving the manufacture and sale of faulty machine parts, this Court is called upon to explore the doctrine of judicial admissions, as well as to examine the interplay between the certification of interlocutory orders, pursuant to 28 U.S.C. § 1292(b), and reconsideration of non-final orders, under Federal Rule of Civil Procedure 54(b). I also consider, but...
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ORDER This cause comes before the Court sua sponte. The court has studied the parties’ briefs addressing subject matter jurisdiction and has heard oral arguments. Upon due consideration, the Court determines, for the reasons set forth below, that it lacks subject matter jurisdiction over this case and remands the case to the state court from whence it came. I. Procedur...
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DECISION AND ORDER Background On or about December 19, 1997, Steven M. Wagner (“ClaimanVPlaintiff” or ‘Wagner”) filed a common law negligence action against Illusions Holdings, Inc. (“Petitioner/Defendant” or “Illusions”) in New York State Supreme Court. Thereafter, Illusions commenced an action in this Court, pursuant to the Limitation of Liability Act, 46 U.S.C. § 183 et seq., seeking...
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Opinion After having carefully reviewed the purported testimony of the proffered experts, I find that there is no perceptible reason for their expert proof in this case. It is evident that the contentious advocacy of the experts' — illustrated by conclusions on the credibility of explanations regarding the business judgment of the board of directors, its officers and attorneys, in clearly expre...
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MEMORANDUM OPINION AND ORDER Marc Lenart, a Caucasian man, is the principal owner and operator of Concrete Works of Colorado, Inc. (“CWC”), a Colorado corporation, with its principal office in Brighton, Colorado. CWC does concrete construction work on roads, bridges and sidewalks and has submitted bids for contracts with the City and County of Denver (“City” or “Denver”) as a prime contra...
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91 F. Supp. 2d 942 (2000) Ethan SHAW, and Clive D. Moon, On Behalf of Themselves and All Others Similarly Situated, Plaintiffs, v. TOSHIBA AMERICA INFORMATION SYSTEMS, INC., NEC Electronics, Inc., Toshiba Corporation, Toshiba America, Inc., Toshiba America Electronic Components, Inc., and NEC Corporation, Defendants. No. 1:99-CV-0120 (TH). United States District Court, E.D. Texas, Beaumont Divisi...
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MEMORANDUM OPINION AND ORDER Plaintiff pro se Alexander German brings the above-captioned action alleging discrimination on the basis of national origin under Title VII of the Civil Rights Act of 1964 as amended, 42 U.S.C. § 2000e-17 against Frederico Pena, Secretary of the United States Department of Energy (“DOE”). Plaintiff, a native of Russia, claims that because of his nationality, h...
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MEMORANDUM OPINION AND ORDER Plaintiff pro se Alexander German brings the above-captioned action alleging discrimination on the basis of national origin under Title VII of the Civil Rights Act of 1964 as amended, 42 U.S.C. §§ 2000e et. seq., against Frederico Pena, Secretary of the United States Department of Energy (“DOE”). Plaintiff, a native of Russia, claims that...
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ORDER RE DEFENDANTS’ MOTION TO DISMISS OR IN THE ALTERNATIVE FOR SUMMARY JUDGMENT I. INTRODUCTION In this action, Gerald Hobbs (“Plaintiff’) is suing G. Lynn Sprague, in his official capacity as Regional Forester for the Pacific Southwest Region of the United States Forest Service (“USFS”), and the United States Forest Service itself (collectively “Defendants”) for alleged violations of t...
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MEMORANDUM OPINION AND ORDER Pasquale Puoci sued the City of Chicago for discrimination under the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12101 et seq. The City of Chicago has filed a motion for summary judgment, which we grant for the reasons stated below. RELEVANT FACTS The following facts are not in dispute or are construed in the light most favorable to the plaintiff. P...
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88 F. Supp. 2d 1275 (2000) UNITED STATES of America, Plaintiff, v. Marvin G. SCHWAB, Daniel A. Schwab, and Vance S. Schwab, Defendants. No. 99-CR-171-J. United States District Court, D. Wyoming. March 6, 2000. *1276 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. Lubin...
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MEMORANDUM OPINION This matter comes before the Court on Plaintiffs’ motion to compel the production of psychological records of Defendant Joseph Valdora and four non-parties pursuant to Fed.R.Civ.P. 26(b)(1). Defendants oppose the motion. The Court has reviewed the written submissions and conducted oral argument on February 14, 2000. For the reasons that follow, Plaintiffs’ motion is denied. I. ...
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MEMORANDUM & ORDER Franklyn R. Wilson and Macgregor N. Robertson (the “Liquidators”), together with Fulbright & Jaworski, L.L.P. (“Fulbright”) and William J. Rochelle, III (“Rochelle”) (collectively, “Appellants”), appeal from two Orders entered in the United States Bankruptcy Court, Southern District of New York (James L. Garrity, Jr., U.S.B.J.). Appellants also petition for a writ o...
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OPINION Although Plaintiffs fifteen year old conviction has been vacated, because the record of that conviction could have dire immigration consequences, Plaintiff is battling with the INS and the FBI simply to have their records amended to reflect the vacation of that conviction. In doing so, Plaintiff has filed an Order to Show Cause why an order should not be issued amending and co...
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88 F. Supp. 2d 891 (2000) UNITED STATES of America, Plaintiff, v. Derrick Wayne GRIFFIN, Defendant. No. 99 C 1611. United States District Court, N.D. Illinois, Eastern Division. March 14, 2000. *892 David Styler, Assistant United States Attorney, United States Attorney's Office, Chicago, IL, for plaintiff. Derrick Wayne Griffin, Greenville — FPC, Greenville, IL, defendant pro se. MEMORANDUM OPIN...
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101 F. Supp. 2d 134 (2000) UNITED STATES of America v. Alan Barton NACHAMIE, et al., Defendants. No. S3 98 CR. 1238(SAS). United States District Court, S.D. New York. March 15, 2000. *135 Jonathan N. Halpern, Robert R. Strang, Erika K. Thomas, United States Attorney's Office, Southern District of New York, New York, NY, for U.S. Valerie Amsterdam, New York, NY, for Jose Hernandez. Gerald J. McMah...
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89 F. Supp. 2d 693 (2000) Ronald Wayne FRYE, Petitioner, v. R.C. LEE, Warden, Central Prison, Raleigh, North Carolina, Respondent. No. CIV.5:99CV108. United States District Court, W.D. North Carolina, Statesville Division. March 9, 2000. *694 *695 William F. Massengale and Marilyn G. Ozer, Chapel Hill, NC, for Petitioner. Edwin W. Welch, N.C. Department of Justice, Raleigh, NC, for Respondent. M...
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88 F. Supp. 2d 555 (2000) UNITED STATES of America v. Robert L. PARRIS, Defendant. Crim. No. 99-351-A. United States District Court, E.D. Virginia, Alexandria Division. March 13, 2000. *556 Daniel Bell, Assistant United States Attorney, United States Attorney's Office, Alexandria, VA, for Plaintiff. Frank W. Dunham, Jr., Cohen, Gettings, Dunham & Harrison, P.C., Arlington, VA, for Defendant. ...
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OPINION AND ORDER Plaintiffs are suing Comcast International Holdings, Inc. and Comcast Corporation (collectively “Comcast”) alleging tor-tious interference with contract, tortious interference with business relations, and conspiracy to breach fiduciary duty. Com-cast now moves pursuant to Rule 56 of the Federal Rules of Civil Procedure for summary judgment on the ground that plaintif...
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ORDER THIS CAUSE has come before the Court upon the Order of Remand from the Eleventh Circuit Court of Appeals, filed March 8, 1999. The parties have fully briefed the issues, and the Court finds that the majority of the issues can be decided without a hearing. *1157 I. BACKGROUND The facts of this case are reported in the opinion of the Court of Appeals, Vencor H...
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85 F. Supp. 2d 158 (2000) Martin FLYNN and Amelia Flynn, Plaintiffs, v. AMERICAN AUTO CARRIERS INC., Are/A Soya, Walleniusrederierna (Wallenius Lines) and International Marine Carriers Inc., Defendants. American Auto Carriers Inc., Are/A Soya, Walleniusrederierna (Wallenius Lines) and International Marine Carriers Inc., Third-Party, Plaintiffs, v. The United States of America, Third-Party, Defend...
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88 F. Supp. 2d 894 (2000) MAYTAG CORPORATION, Plaintiff, v. WHIRLPOOL CORPORATION, Defendant. No. 97 C 7559. United States District Court, N.D. Illinois, Eastern Division. March 14, 2000. *895 Mark T. Banner, Christopher J. Renk, J. Pieter van Es, Thomas K. Pratt, Banner & Witcoff, Ltd., Chicago, IL, for plaintiff. *896 Kevin W. Guynn, Dennis A. Gross, Michael Leonard, Hill & Simpson, Chi...
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OPINION Plaintiff Iris Velasquez brings this action alleging that her employers violated her rights pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., as well as 42 U.S.C. § 1983, and New York State and New York City human rights laws. 1 Plaintiff alleges that defendants fired her because she is Hispanic and because she complained about a puta...
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85 F. Supp. 2d 1038 (2000) Colleen DOLL, Sandra Bridges, Patrick Foley, and Russell Green, Plaintiffs, v. U.S. WEST COMMUNICATIONS, INC., a Colorado corporation, Defendant. No. Civ.A. 99-D-1714. United States District Court, D. Colorado. March 9, 2000. *1039 *1040 Christopher W. Jeffress, Bragg & Baker, P.C., Denver, CO, Richard A. Winkel, Denver, CO, for plaintiff. David H. Stacy, Kelley A. ...
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MEMORANDUM AND ORDER This matter is before the Court on Defendants’ Motion for Protective Order to Quash Subpoena Duces Tecum of the Crawford & Company Records Custodian (doc. 69) and Defendants’ Motion for Protective Order to Quash Notice Duces Tecum of the Dressier Consulting Engineers, Inc. [Records Custodian] (doc. 71). As a preliminary matter, the Court notes that there is some confusion a...
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MEMORANDUM OPINION AND ORDER Nanette Blair asserts Defendant Larry Ballani, her former supervisor while she was employed at Defendant all Stars Sports Cabaret, used his physical superiority to trap her after work and forcibly rape her. The Complaint states claims for (1) sexual harassment in violation of Title VII against the corporate Defendants; (2) gender-motivated violence, under 42 U...
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MEMORANDUM OPINION AND ORDER REGARDING THE PARTIES’ CROSS-MOTIONS FOR SUMMARY JUDGMENT TABLE OF CONTENTS I. INTRODUCTION. 05 tO 00 A. Procedural Background. O) tO oo B. Factual Background. O 00 II. LEGAL ANALYSIS. ^ CO A. Standards For Summarg Judgment. ^ fc-00 B. The Parties’ Contentions ... LQ fc-oo C. ...
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MEMORANDUM AND ORDER THIS MATTER is before the Court on the Appellant’s appeal from the decision of United States Bankruptcy Court Judge Marvin Wooten finding that the Florsheim Group, Inc., (Florsheim) was appropriately designated and treated as a Class 3 creditor in the above-captioned bankruptcy proceeding. I. STANDARD OF REVIEW The conclusions of law of the bankruptcy court are reviewed de n...
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MEMORANDUM AND ORDER THIS MATTER is before the Court on Plaintiffs timely filed objections to the Memorandum and Recommendation of United States Magistrate Judge Max 0. Cogburn, Jr. Also before the Court are Defendants’ Motions to Dismiss, Defendants’ Motion to Compel Discovery, Defendants’ Motion to Strike and Sanction, Plaintiffs Motion to Amend Complaint, Plaintiffs Motion for Appo...
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MEMORANDUM AND ORDER THIS MATTER is before the Court on the Defendant’s motion for summary judgment which is opposed by the Plaintiff. *547 For the reasons stated herein, the Defendant’s motion is granted and this action is dismissed. I. PROCEDURAL HISTORY Plaintiff brought this pro se action in May 1998 alleging she had been the victim of racial and ...
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MEMORANDUM AND ORDER THIS MATTER is before the Court on Plaintiffs timely filed objections to the Memorandum and Recommendation of United States Magistrate Judge Carl Horn III. Pursuant to standing orders of designation and 28 U.S.C. § 636, Defendant’s motion for summary judgment was referred to the Magistrate Judge for a recommendation as to disposition. Plaintiff objects to the reco...
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91 F. Supp. 2d 1268 (2000) Robert T. GOEBEL, Plaintiff, v. DEAN & ASSOCIATES, James D. Norton d/b/a Norton Print Systems, and Goss Graphics Systems, Inc., Defendants. No. C 97-4082-MWB. United States District Court, N.D. Iowa, Western Division. March 10, 2000. *1269 *1270 Timm W. Reid, Richard H. Doyle, Galligan, Tully, Doyle, & Reid, P.C., Des Moines, IA, for plaintiff Robert T. Goebel. ...
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MEMORANDUM AND ORDER This matter is before the court on petitioner’s Petition for Writ of Habeas Corpus filed pursuant to 28 U.S.C § 2254, and the petitioner’s Motion for Summary Judgment (Doc. 16). The respondents have filed their Answer and Return and the petitioner has filed a Traverse. The court has reviewed the briefs filed by the parties as well as the state court record in this matter ...
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88 F. Supp. 2d 1186 (2000) Bobby EWING, Petitioner, v. David McKUNE, et al., Respondents. No. 97-3030-DES. United States District Court, D. Kansas. February 7, 2000. *1187 Susan M. Hunt, Kansas City, MO, Adam M. Crane, Overland Park, KS, for Bobby Ewing, petitioner. Jared S. Maag, Office of Attorney General, Topeka, KS, for David R. McKune, respondents. MEMORANDUM AND ORDER SAFFELS, District Jud...
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MEMORANDUM AND ORDER This matter is before the court on a Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C § 2254. The respondents have filed an answer and return and the petitioner has filed his traverse. The court is now ready to rule. I. FACTUAL BACKGROUND This case evolves from a series of crimes committed by the petitioner and Robert Swanson on May 24, 1990. The petitioner r...
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88 F. Supp. 2d 1163 (2000) William CHEATHAM, Petitioner, v. Michael NELSON, et al., Respondents. No. 96-3595-DES. United States District Court, D. Kansas. February 3, 2000. *1164 William Cheatham, Wichita, KS, petitioner pro se. Jared S. Maag, Office of Attorney General, Topeka, KS, for Michael Nelson, Warden, respondent. MEMORANDUM AND ORDER SAFFELS, District Judge. This matter is before the co...
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*1193 MEMORANDUM AND ORDER This matter is before the court on petitioner’s Petition for a Writ of Habeas Corpus. The government has filed an Answer and Return and the petitioner has filed his Traverse. The court has reviewed the briefs in this case, as well as the state court record, and is now prepared to rule. I. FACTUAL BACKGROUND On October 31, 1994, the petitioner pled guilty to tw...
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MEMORANDUM AND ORDER The court conducted a bench trial in this ' case from December 1, 1999, to December 3, 1999. Prior to trial, the parties submitted proposed findings of fact and law. The court has examined the evidence submitted at trial and considered the proposed findings submitted by the parties. The court is now ready to rule. I.FINDINGS OF FACT Based upon the factual stipulations...
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MEMORANDUM AND ORDER This matter is before the court on defendant’s Motion to Compel Govt. To File Rule 35 (Doc. 216). The defendant is seeking a court order directing the government to file a motion for downward departure pursuant to Fed.R.Crim.P. 35. Both parties have submitted briefs on this matter and the court is now ready to rule. *1233 I. FACTUAL BACKGROUND The defendant has file...
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MEMORANDUM AND ORDER Plaintiff Joshua Meinert filed this civil rights action against defendants alleging false arrest and imprisonment in violation of the Fourth Amendment. Presently before the court is defendants City of Prairie Village, Kansas, Troy Johnson, James Neff and James Harris’ motion for summary judgment (doc. 18). Because defendants are entitled to qualified immunity for ...
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MEMORANDUM AND ORDER The sole issue before the court is whether defendant is competent to stand trial. On December 16, 1999, the court held a competency hearing pursuant to 18 U.S.C. § 4241. After hearing expert testimony from both sides, the court granted the parties leave to brief the issue of defendant’s competency. Defendant has submitted his brief (Doc. 32), and the government ha...
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MEMORANDUM AND ORDER In this patent infringement case, plaintiff alleges that defendant’s distribution and sale of a latch mechanism used on particular models of its ActionPacker ® containers infringe certain claims of United States Patents Nos. 4,925,041 (the *1224 “ ’041 patent”) and 5,137,260 (the “ ’260 patent”). Presently before the court are defendant’s m...
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MEMORANDUM AND ORDER Plaintiffs Susan Lintz and Connie Dieci-due filed suit against defendants alleging sexual harassment 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. Following a trial on plaintiffs’ claims, the jury found that both plaintiffs were subjected to sexual harassment an...
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MEMORANDUM & ORDER This action arises out of the involuntary bankruptcy filing against appellant Bernard D. Glannon in 1991. On May 4, 1992, the bankruptcy judge made a journal entry finding that the involuntary petition was filed in bad faith by Garrett & Associates, Inc. (GAI) and later joined in bad faith by Oakview Treatment Centers of Kansas (Oakview). The bankruptcy j...
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MEMORANDUM AND ORDER The plaintiffs in this case are police officers commissioned by the Kansas City, Kansas Police Department and have brought this action seeking overtime compensation under the Fair Labor Standards Act (“FLSA”), 29 U.S.C. § 201, et seq. Presently before the court is defendants Unified Government of Wyandotte County/Kansas City, Kansas and the Kansas City, Kansas Police De...
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MEMORANDUM AND ORDER Plaintiff is a convicted prisoner who filed this pro se civil rights action against various officers at the United States Penitentiary in Leavenworth, Kansas (USPL). Pursuant to 42 U.S.C. § 1983, as applied to federal officials by Bivens, 1 plaintiff makes a number of claims arising from his confinement at USPL. Defendants seek the dismissa...
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89 F. Supp. 2d 97 (2000) Jennifer CIULLA and Lawrence Ciulla, Plaintiffs, v. Miles RIGNY, Gen Linsky, and the City of Gloucester, Defendants. No. Civ.A. 98-10141-WGY. United States District Court, D. Massachusetts. March 8, 2000. *98 James D. Gotz, Robert D. Cohan, Cohan, Rasnick, Myerson & Marcus, LLP, Boston, MA, for Jennifer Ciulla, Plaintiff. Leonard H. Kesten, Brody, Hardoon, Perkins &am...
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88 F. Supp. 2d 1205 (2000) Kenneth Ernest GETTINGS, Petitioner, v. David McKUNE, Warden, Lansing Correctional Facility, and Carla Stovall, Kansas Attorney General, Respondents. No. 96-3227-DES. United States District Court, D. Kansas. February 22, 2000. *1206 *1207 *1208 Kenneth Ernest Gettings, Lansing, KS, William K. Rork, Rork Law Office, Topeka, KS, for Kenneth Ernest Gettings, petitioner. Ja...
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MEMORANDUM AND ORDER This matter comes before the court on Defendant’s Motion for Summary Judgment (Doc. 46). Plaintiff presents claims of sexual harassment, age discrimination, gender discrimination, retaliatory discharge, § 1983 violations of equal protection, due process, and free speech, breach of expressed and implied contract, wrongful discharge, intentional infliction of emotio...
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89 F.Supp.2d 850 (2000) UNITED STATES of America, Plaintiff, v. Jimmie Lee PARKER and Frederick Leon Dean, Defendants. No. MO-99-CR-049. United States District Court, W.D. Texas, Midland-Odessa Division. March 3, 2000. *851 John S. Klassen, United States Attorney's Office, Midland, TX, for U.S. David Clyne Greenhaw, Law Office David Clyne Greenhaw, Odessa, TX, Rodion Cantacuzene, Jr., Cook, Canta...
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AMENDED MEMORANDUM AND ORDER I. INTRODUCTION A number of self-insured building trades health and welfare plans have brought suit against the tobacco industry under the Racketeer Influenced and Corrupt Organizations Act (“RICO”) seeking to recover millions of dollars expended in connection with tobacco-related illnesses of their members. B.A.T. Industries, p.l.c. (“BAT”), the Brit...
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OPINION Opinion as to Jurisdiction 1 The sixth superseding indictment in this case (“the Indictment”) charges fifteen defendants with conspiracy to murder United States nationals, to use weapons of mass destruction against United States nationals, to destroy United States buildings and property, and to destroy United States defense utilities. The Indictment also charges defen...
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MEMORANDUM-DECISION & ORDER I. Background Plaintiff John Wright (“Wright”) brought suit against Defendant Douglas Wilburn (“Wilburn”) pursuant to 42 U.S.C. § 1983 alleging claims of false arrest, excessive force and malicious prosecution. This matter proceeded to trial before a jury on January 18, 2000. During the charge conference held on January 31, 2000, the Court reviewed the text of the jury...
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OPINION GRANTING DECLARATORY JUDGMENT OPINION Following oral argument on January 7, 2000 this court granted plaintiffs’ motion for declaratory judgment that the City defendants failed to provide adequate educational services to members of the plaintiff class at all Rikers Island facilities. The court ordered City defendants to file a plan for providing full and complete educational faciliti...
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MEMORANDUM OPINION AND ORDER Telesphere Liquidating Trust (“Trust”), as successor in interest to Telesphere Communications, Inc. (“Communications”), Telesphere Network, Inc. (“Network”) and Telesphere Limited, Inc. fik/a National Telephone Service, Inc. (“Service”) (all of those predecessors in interest are collectively termed “Telesphere” or “Debtors”), has appealed from three orders...
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MEMORANDUM OPINION AND FINAL JUDGMENT This is an action for trademark infringement under Section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a) (1994). Plaintiff The Teaching Company Limited Partnership (“TTC”) filed a three-count Complaint against Defendant Unapix Entertainment, Inc. (“Unapix”), alleging two counts of trademark infringement and one count of unfair competition. The issu...
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MEMORANDUM OPINION I. INTRODUCTION This cause is before the court on the Motion for Summary Judgment filed by the Defendant City of Montgomery (“City”) on March 9, 2000. On the same day, in open court, Plaintiff Joe Ann Vason (“Vason”) waived her right to ten days notice under Federal Rule of Civil Procedure 56(c), and the court received exhibits and heard oral argument. ...
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*298 OPINION The parties in this bankruptcy appeal essentially dispute whether it was proper for the Appellant, Foothill Capital Corporation (“Foothill”), to receive a prioritized payment of a monetary premium from the debtor, Midcom Communications, Inc. (“Midcom”), under the terms of a pre-bankruptcy financing agreement between these two companies. The Appellees, the Officia...
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OPINION AND ORDER GRANTING DEFENDANT’S MOTION TO DISMISS Before the court is “Defendant’s Motion to Dismiss and Subject Thereto, Original Answer” (Dkt.#5), filed November 18, 1999. Plaintiffs “Motion to Strike Defendant’s Motion to Dismiss” (Dkt.# 7) was filed November 2.6, 1999. After consideration of the motion, response and applicable law, the court is of the opinion that the motio...
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89 F. Supp. 2d 20 (2000) Sidney WALKER, Plaintiff, v. John H. DALTON, Defendant. No. Civ.A. 97CV00217 (HHK). United States District Court, District of Columbia. March 10, 2000. *21 Brian C. Plitt, Washington, DC, for plaintiff. G. Michael Harvey, Assistant U.S. Attorney, Office of the United States Attorney for District of Columbia, Washington, DC, for defendant. MEMORANDUM AND ORDER KENNEDY, Di...
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MEMORANDUM OPINION AND ORDER Before the court is plaintiff Landmark Legal Foundation’s (hereinafter Landmark) Motion to Compel Release of Information and defendant Internal Revenue Service’s (hereinafter IRS) Motion for Summary Judgment. Landmark seeks to compel the IRS to produce certain documents requested under the Freedom of Information Act (hereinafter FOIA). 1 The IRS has...
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OPINION AND FINAL ORDER Plaintiffs brought suit in this court challenging the decision of the United States Department of Agriculture, Food and Nutrition Services (“FNS”), to disqualify Bon Supermarket & Deli (“Bon”) from participation in the federal food stamp program, as outlined by the Food Stamp Act, 7 U.S.C. § 2011-2036 (1994). This matter comes before the court on defendant’s mo...
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ORDER GRANTING IN PART AND DENYING IN PART MOTION TO DISMISS, DENYING MOTION TO SEVER PLAINTIFFS AND/OR STRIKE CLASS ACTION ALLEGATIONS AND DENYING MOTION TO STRIKE PORTIONS OF PLEADING This case presents a broad, vigorously disputed challenge to an alleged law enforcement practice known as racial profiling. Defendants 1 have filed three motions directed at the pleadings: (1) a...
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Memorandum and ORDER Defendant, Mary Sullivan, appeals from an order of Bankruptcy Judge Francis G. Conrad granting summary judgment in favor of Gregory Messer, trustee for the estate of John D. Corcoran. The trustee sued Ms. Sullivan to recover two assets that he claims were fraudulently conveyed to her by the debtor: (1) Corcoran’s house and (2) a check for $ 61,824. Having reviewed the...
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MEMORANDUM DECISION AND ORDER Plaintiff Michael Kodengada (“Kodenga-da”), who is Indian and a member of the Hindu religion, brings this action against his former employer, defendant International Business Machines Corporation (“IBM”), alleging discrimination based on national origin, race and religion and retaliation in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2...
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88 F. Supp. 2d 888 (2000) Antoinette VIGILANTE, Plaintiff, v. VILLAGE OF WILMETTE, an Illinois Municipal Corp., Defendant. No. 99 C 7447. United States District Court, N.D. Illinois, Eastern Division. March 9, 2000. *889 Susan Marie Connor, John Marshall Law School, Chicago, IL, for Plaintiff. James L. DeAno, Norton, Mancini, Argentati, Weiler & DeAno, Wheaton, IL, for Defendant. MEMORANDUM ...
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92 F.Supp.2d 765 (2000) KLESMAN & ASSOCIATES, INC., an Illinois Corporation, Plaintiff, v. WEATHERCO, INC., a Pennsylvania Corporation and General Electric Company, a New York Corporation, Defendants. No. 98 C 3257. United States District Court, N.D. Illinois, Eastern Division. March 8, 2000. Donald B. Levine, Jonathan Mandel Weis, Michael T. Murphy, Levin & Ginsburg, Ltd., Chicago, IL, f...
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MEMORANDUM OPINION AND ORDER Donald Malee, a former Village of Oak Brook police officer, alleges three causes of action against the various defendants in his second amended complaint. In our prior opinion, (R. 23, Op. of Mar. 25, 1999 (“Malee /”)), we denied the defendants’ motion to dismiss after concluding that they were not entitled to absolute or qualified immunity and that Malee had succes...
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82 F. Supp. 2d 327 (2000) Mark C. KADETSKY, Plaintiff, v. EGG HARBOR TOWNSHIP BOARD OF EDUCATION, et al., Defendants. Civil Action No. 99-842. United States District Court, D. New Jersey. January 20, 2000. *328 *329 *330 Richard T. Fauntleroy, Richard T. Fauntleroy, P.C., Northfield, NJ, for Plaintiff, Mark C. Kadetsky. Joseph F. Betley, Capehart & Scatchard, P.A., Mount Laurel, NJ, for Defen...
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*616 MEMORANDUM I. BACKGROUND One of the great wonders of the modern global economy is the ironies it produces. Nations rich in natural resources are among the world’s poorest. Technology brings people closer together, while economic and cultural divisions drive peoples apart. American icons such as Michael Jackson and the television drama “Baywatch” are more popular ove...
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ORDER Before the Court are: the Justices of the Texas Supreme Court’s Motion for Judgment on the Pleadings (Clerk’s Doc. No. 78); Plaintiffs’ Response to the Supreme Court Justices’ Motion for Judgment on the Pleadings (Clerk’s Doc. No. 98); and, Reply of the Justices of the Texas Supreme Court to Plaintiffs’ Response to Motion for Judgment on the Pleadings (Clerk’s Doc. No. 102).. I...
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MEMORANDUM ORDER DENYING INJUNCTION Summary William A. Brenner (“Brenner”), Brenner Income Tax Centers, Inc. (“Brenner Income Tax Centers”), and Brenner Enterprises, Inc. (“Brenner Enterprises”) bring this action challenging the March 8, 1999 final decision of the Director of Practice of the Internal Revenue Service sustaining the decision of the Director of the IRS Andover Servi...
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MEMORANDUM OPINION AND ORDER Before the Court are Plaintiffs’ Motion for Class Certification, filed March 17, 1999, Defendant’s Response filed on May 3, 1999, Plaintiffs’ Reply filed June 11, 1999, Defendant’s Surreply filed on July 12, 1999 and Plaintiffs’ Reply to Surreply filed on July 19, 1999. Pursuant to Fed.R.Civ.P. 23 and Local Rule 23.2, Plaintiffs seek to certify a class consisting of...
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MEMORANDUM DECISION AND ORDER GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT ON FMLA CLAIM AND REMANDING THE QUESTION OF DETERMINATION OF SEVERANCE BENEFITS TO THE DEFENDANT’S ERISA PLAN ADMINISTRATOR. Plaintiff, Nancy Kosakow, was an x-ray technologist employed by Defendant, New Rochelle Radiology Associates, P.C. (“Practice”), from 1978 to 1997. In March 1997, while Plaintiff was on m...
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MEMORANDUM ORDER DENYING TOWN DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT AND GRANTING IN PART AND DENYING IN PART BOAT CLUB DEFENDANTS’ MOTION IN LIMINE Plaintiffs, Kathleen Gibbs-Alfano and her husband, Thomas Alfano, are an interracial couple who claim to have been expelled improperly from membership in the Ossining Boat & Canoe Club (the “Boat Club”) in violation of their civil rights and...
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*410 OPINION This diversity insurance action arises from the death of Imre Palcsesz. Mr. Palcsesz’s wife, plaintiff Dominique Palc-sesz, seeks to recover life insurance proceeds on a policy issued to her husband by defendant Midland Mutual Life Insurance Company (“Midland”). The manner of decedent’s death is the primary issue in the case, as it will determine Midland’s liabil...
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ORDER Pending is the motion for summary judgment of defendant Okaloosa County Sheriff Charles W. Morris [“Morris”], (doc. 36) I. FACTUAL BACKGROUND This action for race and/or national origin discrimination is brought under Title 42, United States Code, Section 1981. 1 Except where noted, the following facts are not in dispute. Plaintiff, who is of Ir...
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MEMORANDUM OF DECISION AND ORDER I. Introduction William Rayl (hereafter “Plaintiff’ or “Rayl”) has brought this action against Fort Wayne Community Schools (hereafter “Defendant” or “FWCS”), alleging race and sex discrimination in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e (hereafter “Title VII”) and age discrimination in violation of the Age Discrimin...
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88 F. Supp. 2d 872 (2000) Brooke M. SIMON, Plaintiff, v. CITY OF NAPERVILLE, a municipal corporation Defendant. No. 98 C 5263. United States District Court, N.D. Illinois, Eastern Division. March 7, 2000. *873 *874 Peter K. Wilson, Jr., Mickey, Wilson, Weiler & Renzi, Aurora, IL, for Plaintiff. Michael M. Roth, Howard P. Levine, Paul L. Stephanides, Naperville, IL, for Defendant. MEMORANDUM ...
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122 F. Supp. 2d 921 (2000) Dawn CHURNEY, Plaintiff, v. VILLAGE OF DOWNERS GROVE, and Eagle Food Centers, Inc., Defendants. No. 98 C 8312. United States District Court, N.D. Illinois, Eastern Division. March 6, 2000. Thomas C. Crooks, Chicago, IL, for Plaintiff. Enza L. Petrarca, Village of Downers Grove, Downers Grove, IL, for Defendant. MEMORANDUM OPINION AND ORDER BUCKLO, District Judge. Plain...
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OPINION This matter comes before the court on appeal from the United States Bankruptcy Court for the Northern District of Mississippi. The Mississippi State Tax Commission (the Commission) appeals the judgment of the bankruptcy court finding that the contractual transaction between the Debtor, Superior Boat Works, Inc., and Lady Luck Mississippi, Inc., Blue Sea Development Co., Inc., ...
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ORDER This case is an appeal from an order of the United States Bankruptcy Court for *489 the Northern District of Georgia dismissing this adversary proceeding. For the reasons set forth below, the order of the Bankruptcy Court is affirmed. I.BACKGROUND Appellant Elizabeth Smith filed for Chapter 13 bankruptcy in the United States Bankruptcy Court for the No...
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ORDER This action arises out of a March 1998 law enforcement raid of the Hell’s Angels headquarters in Oakland, California. Plaintiffs Hell’s Angels Motorcycle Corporation and Oakland Chapter of Hell’s Angels Motorcycle Corporation bring claims for violation of members’ federal constitutional rights against a federal agent, Timothy McKinley, and federal fictitious-name defendants pursuant...
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MEMORANDUM AND ORDER Defendants in this case are ContiFinan-cial Corporation (“ContiFinancial”), its majority shareholder, Continental Grain Company, and two former officers of Con-tiFinancial, James E. Moore and Daniel J. Willett. Pursuant to 28 U.S.C. § 1404(a), defendants seek to transfer the above-captioned cases to the United States District Court for the Southern District of New...
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MEMORANDUM OF DECISION AND ORDER This case involves a claim by the Plaintiff, Salvatore Catapano, that the Defendants, manufacturers of a typhoid vaccine, are infringing on his patents concerning treatment of patients with immune system deficiencies and psoriasis by injections of the typhoid vaccine. Presently before the Court is the Defendants’ motion to dismiss the complaint pursuant to...
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MEMORANDUM OF DECISION AND ORDER The plaintiff, James Whitfield (“Whitfield”), 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 his application for Social Security Disability Insurance Benefits. Whitfield chall...
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88 F. Supp. 2d 1095 (2000) LOCKHEED MARTIN CORP., Plaintiff, v. SPACE SYSTEMS/LORAL, Defendant. No. C 95-3530 SI. United States District Court, N.D. California. March 7, 2000. *1096 Edward V. Filardi, Robert B. Smith, Bruce C. Anderson, David W. Hansen, Skadden Arps Slate Meagher & Flom, LLP, New York, NY, for Lockheed Martin Corp. Edward Vincent King, Jr., King & Kelleher LLP, San Franci...
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MEMORANDUM OF DECISION AND ORDER This case involves a contract dispute between the Plaintiff Dunkin’ Donuts, (“Dunkin Donuts”), and one of its franchisees, Defendant Priya Enterprises, (“Pri-ya”), regarding the terms of a franchise agreement. Presently before the Court are Dunkin’ Donuts’ motion for summary judgment on its entitlement to attorneys’ fees and costs and Priya’s cross-motion ...
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MEMORANDUM OF DECISION AND ORDER This case involves allegations by the Plaintiff Gladys Bletter (“Bletter”) that the Village of Westhampton Beach (“Village”) violated her federal civil rights and acted negligently in improperly issuing a certificate of occupancy to the prior owners of Bletter’s house. Presently before the Court are the Village’s motion for summary judgment and Bletter’s c...
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This order addresses the issue of appointment of lead counsel in these consolidated securities class actions. On September 3, 1999, the court declined to designate as lead plaintiffs a group of Cylink shareholders and to appoint as lead counsel a consortium of law firms; instead, the court designated an individual investor, Jonny Alpern, as lead plaintiff and initiated a competitive bidding proces...
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OPINION AND ORDER Plaintiff Paul Knoeffler brings this action challenging the constitutionality of three municipal sign ordinances of defendant Town of Mamakating (“Mamakating” or the “Town”). Plaintiff also seeks damages for violation of his constitutional rights, allegedly resulting from enforcement of these sign ordinances. In addition to Mamakating, plaintiff brings this action ag...
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ORDER GRANTING IN PART AND DENYING IN PART DWIN’S MOTION FOR SUMMARY JUDGMENT ON NON-INFRINGEMENT SPENCER WILLIAMS, District Judge. Plaintiffs Faroudja Laboratories, Inc. and General Instrument Corporation (collectively referred to as “Faroudja”) initially brought this action against Defendant Dwin Electronics, Inc. (“Dwin”) for infringement of its U.S. Patent No. 4,876,596 (“ ’596 patent” or “ ’5...
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MEMORANDUM OPINION AND ORDER Two related cases have been assigned to this bench. The Anderson case (97 C 7556) contains claims by 47 African-American women that they were improperly searched when going through customs at O’Hare International Airport in Chicago, Illinois. The Sixth Amended Complaint in Anderson specifically names 59 employees of the United States Customs Service as defendants. T...
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ORDER PARTIALLY DECERTIFYING THE CLASS ACTION Defendants filed a joint motion to decertify the class of plaintiffs. Plaintiffs opposed the motion. The Court considered the papers and the record in this case, and heard extended oral argument on September 27,1999. The Court now grants in part Defendants’ motion to decertify the Plaintiff class. INTRODUCTION On February 7, 1990, the ship American Tr...
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91 F. Supp. 2d 401 (2000) SYSTEM MANAGEMENT, INC., Forget Me Not Services, Inc., Jose Cruz, Victor Laboy, Juan Ayala and Juan Ortega, on their own behalf and that of similarly situated contract cleaning companies, employees, and former employees, Plaintiff, v. Kenneth LOISELLE, Defendant. No. Civ.A. 99-10744-WGY. United States District Court, D. Massachusetts. March 9, 2000. *402 *403 *404 Gabrie...
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DECISION and ORDER INTRODUCTION This is an action in which plaintiff, Bath Petroleum Storage, Inc. (“BPSI”), a company which was attempting to create an underground natural gas storage facility, claims that its business was unlawfully damaged by a competitor. Essentially, plaintiff alleges that defendants made fraudulent statements to several administrative agencies which were re...
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88 F. Supp. 2d 422 (2000) Theresa STEPHEN, Plaintiff, v. ANTIGUA BREWERY, LTD. and Caneel Bay, Inc., Defendants. No. 1998-202. District Court, Virgin Islands, D. St. Thomas and St. John. March 3, 2000. Kenth W. Rogers, St. Thomas, U.S.V.I., for plaintiff. Henry C. Smock, St. Thomas, U.S.V.I., for Bellows Int'l, Ltd. *423 MEMORANDUM MOORE, District Judge. On February 9, 2000, plaintiff Theresa S...
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*1218 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 federal fugitive, Billy J. Hil...
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ORDER RE RELATOR’S MOTION FOR ORDER RE: PERCENTAGE SHARE OF PROCEEDS AND PAYMENT TERMS BEFORE THE COURT is the Relator’s Motion For Order Re: Percentage Share Of Proceeds And Payment Terms (Ct.Rec.74). I. BACKGROUND On July 25, 1995, Stephen D. Fox, M.D., filed under seal a complaint pursuant to the False Claims Act (FCA), 31 U.S.C. § 3729-33. (Ct.Rec.3). The complaint alleged M...
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85 F. Supp. 2d 993 (2000) Marshall Kenneth FLOWERS and Anna Flowers, Plaintiffs, v. FIRST HAWAIIAN BANK, Defendant. No. Civ. 99-000335SPK. United States District Court, D. Hawaii. March 7, 2000. *994 Marshall Kenneth Flowers, Honolulu, HI, plaintiff pro se. Michael A. Lorusso, John Komeiji, Patsy Kirio, Watanabe Ing & Kawashima, Honolulu, HI, for defendant. ORDER GRANTING MOTION FOR JUDGMENT...
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88 F. Supp. 2d 1219 (2000) KERR-McGEE CORPORATION and Cyprus Foote Minerals Corporation, Plaintiffs, v. Kee Tom FARLEY, individually and on behalf of The Estate of Lucy K. Farley and Harold Kady, Sr., individually and on behalf of The Estate of Julia Mae Kady, Defendants. No. Civ. 95-0438MVRLP. United States District Court, D. New Mexico. March 10, 2000. *1220 Michael R. Comeau, Jon J. Indall, Co...
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89 F.Supp.2d 173 (2000) UNITED STATES of America, Plaintiff, v. [1] Hector Oscar ACOSTA MARTINEZ, [2] Joel Rivera Alejandro, Defendants. No. CR. 99-044(SEC). United States District Court, D. Puerto Rico. March 10, 2000. *174 John R. Teakell, Guillermo Gil, U.S. Attorney's Office District of P.R., Criminal Division, San Juan, PR, Timothy L. Faerber, U.S. Attorney's Office District of P.R., Civil D...
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MEMORANDUM OPINION AND ORDER GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT ON PLAINTIFFS’ FEDERAL CLAIMS AND DISMISSING PLAINTIFFS’ STATE CLAIMS WITHOUT PREJUDICE I. INTRODUCTION On February 10, 2000, the Court held a hearing on defendants’ motion for summary judgment [Docket No. 38]. The plaintiffs appeared by counsel, David A. Jividen and James B. Stoneking. The defe...
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ORDER This is an action, pursuant to 42 U.S.C. § 405(g), to review the Commissioner’s denial of Social Security disability benefits. It is before the Court on the Report and Recommendation of the Magistrate Judge [Doc. 19], who recommended that the case be remanded to the Commissioner for further consideration. For the reasons set forth below, this Court declines to adopt the Report and Recom...
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OPINION Introduction The three defendants above-named were each charged by Information with a misdemeanor for violation of 36 C.F.R. § 261.10(k): “Use or occupancy of National Forest lands without authorization when such authorization is required.” 1 The regulations considered here govern the noncommercial assembly of 75 or more persons in a national forest. The ...
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MEMORANDUM OPINION AND ORDER REGARDING DEFENDANT’S MOTION TO DISMISS TABLE OF CONTENTS I.INTRODUCTION.1045 A. Procedural Background.1045 B. Factual Background.1046 II.LEGAL ANALYSIS.1046 A. Subject Matter Jurisdiction.1046 1. The jurisdictional amount in controversy.1046 2. Federal question jurisdiction .1047 ...
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MEMORANDUM OPINION This Court previously granted motions by defendant to dismiss most of plaintiffs case and for summary judgment dismissing the balance.1 Familiarity with those opinions is assumed here. Plaintiff now moves for reconsideration of the order granting summary judgment against him and has filed two motions seeking leave of court to file two additional affidavits by his putative exper...
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MEMORANDUM & ORDER By motion filed January 27, 2000, heard and fully submitted on February 25, 2000, Bagel Emporium of Armonk, Inc., defendant in this patent infringement action, moves for summary judgment pursuant to Rule 56, Fed.R.Civ.P. based on non-infringement. Defendant also seeks an award of attorneys’ fees pursuant to 35 *349 U.S.C. § 285. Plaintiff filed oppositi...
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MEMORANDUM OPINION Plaintiff Luis Pantojas brings this action pursuant to 42 U.S.C. § 405(g) challenging the final decision of the Commissioner of Social Security (“Commissioner”) denying his application for Supplemental Security *335 Income (“SSI”) disability benefits. Pending before the Court is the Commissioner’s motion for judgment on the pleadings. For the reasons set fo...
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DECISION AND ORDER Background Thomas A. Beatty (“Beatty” or “Plaintiff’), an inmate at Sing Sing Correctional Facility (“Sing Sing”), filed this action on or about March 24, 1998, against Glenn Goord, Commissioner of the New York State Department of Correctional Services (“DOCS”); Dr. Lester Wright, Associate Commissioner/Chief Medical Officer of DOCS; Dr. Satish Kapoor, form...
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ORDER DENYING DEFENDANT N.Y.P. HOLDINGS, INC. AND CINDY ADAMS’ MOTION TO DISMISS THE COMPLAINT and DENYING DEFENDANT N.Y.P. HOLDINGS, INC. AND CINDY ADAMS’ MOTION TO TRANSFER VENUE Plaintiff Nancy Miracle, the alleged daughter of Marilyn Monroe, brings this action against Defendants N.Y.P. Holdings, Inc. and Cindy Adams, to recover damages for the state law torts of libel per se, defamation, in...
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88 F.Supp.2d 1147 (2000) ALEX'S TRANSPORTATION, INC., Plaintiff, v. COLORADO PUBLIC UTILITIES COMMISSION, Robert J. Hix, Vincent Majkowski, and Raymond L. Gifford, Commissioners Thereof, Defendants. No. Civ.A. 99-Z-1562. United States District Court, D. Colorado. March 14, 2000. James Allen Beckwith, James A. Beckwith Law Office, Arvada, CO, for Alex's Transportation, Inc., plaintiff. Gregory E. ...
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ORDER This matter is before the court on the parties’ cross motions for judgment on the pleadings. Based on a review of the file, record, and proceedings herein, the court denies plaintiffs motion and grants defendant’s motion. BACKGROUND This case arises under the Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692 et seq. Plaintiff Melinda Morse is a consumer who resides in ...
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ORDER INTRODUCTION This matter comes before the Court on Defendants’ motion for summary judgment on all counts. Plaintiffs agreed at the hearing to the voluntary dismissal of Count Three of their complaint, which alleged a violation of 42 U.S.C. § 1983. On the remaining claims, the Court will rule as follows: (1) Defendant Metro Ride, Inc.’s (Metro Ride) motion for summary judgment on Cou...
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OPINION & ORDER Before this Court is Defendant-Appellant José R. Carreras’ Appeal of a decision by United States Magistrate Judge Justo Arenas finding Carreras guilty of violating 18 U.S.C. § 228, the federal “deadbeat dad” statute. 1 Carreras has appealed the Magistrate Judge’s ruling on numerous grounds. Plaintiff-Appellee United States urges the Court to uphold the findi...
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*1117 MEMORANDUM AND ORDER I. Introduction The plaintiffs in this action, Southwest Pet Products, Inc. (“Southwest”) and Earth Elements, Inc. (“Earth Elements”), allege that the various defendants sold them wheat infected with a toxin that was incorporated into pet food and eventually made several dogs ill. Southwest manufactured the pet food and sold it to Earth Ele...
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*1140 MEMORANDUM AND ORDER The case comes before the court on the defendant’s motion for summary judgment (Dk.101). This is an employment discrimination case in which the plaintiff Loma J. Wallace (‘Wallace”) alleges the defendant Beech Aircraft Corporation (“Beech”) discriminated against her because of her age in violation of the Age Discrimination in Employment Act (“ADEA”), 29...
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THIS CAUSE came before the Court upon Defendants’ Motion To Dismiss or Alternative Motion for Summary Judgment (DE # 22, filed January 26, 2000). 1 UPON CONSIDERATION of the Motion and the pertinent portions of the record, and after a hearing on March 9, 2000, at which the parties presented oral argument, the Court enters this Order, which is outlined below as follows. The Ord...
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MiEMORANDUM In 1998, two complaints were filed, each alleging, inter alia, that inhabitants of the District of Columbia are being unconstitutionally deprived of their right to vote for voting representation in the House of Representatives and the Senate. Complaint, Adams v. Clinton, Civil No. 98-1665 (D.D.C.filed June 30, 1998) 1 ; Amended Complaint, ...
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98 F. Supp. 2d 838 (2000) Charles T. MOORER, Plaintiff, v. COPLEY TOWNSHIP, et al., Defendants. No. 5:98 CV 2798. United States District Court, N.D. Ohio, Eastern Division. February 25, 2000. *839 *840 *841 Edward L. Gilbert, Law Offices Of Edward L. Gilbert, Akron, OH, for plaintiff. James A. Climer, Susan E. Rusnak, Mazanec, Raskin & Ryder, Solon, OH, Robert A. Edwards, Akron, OH, for defen...
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ORDER Currently pending before the Court its consideration is Plaintiffs’ Motion to Remand Back to State Court (Docket #4), filed October 20, 1999. On November 18, 1999, the Court conducted a telephonic hearing on the motion with counsel for both parties participating. The Court has considered the arguments of counsel and has fully reviewed the legal briefing and is now prepared to rule on the ...
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ORDER REVERSING THE REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE Presently pending before this court is plaintiffs Statement of Objection to the Magistrate Judge’s Report and Recommendation made under 28 U.S.C. § 636(b)(1)(B), and dated January 25, 2000 (doc. 20). The Magistrate Judge recommends that the decision of the Commissioner of Social Security to deny plaintiffs claim for disabil...
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85 F. Supp. 2d 1353 (2000) Eddie N. CRUET, Plaintiff, v. EMORY UNIVERSITY, Defendant. No. Civ.A. 199-CV0457RWS. United States District Court, N.D. Georgia, Atlanta Division. January 28, 2000. Milton Dale Rowan, Chip Rowan & Associates, Atlanta, GA, for plaintiff. Burton F. Dodd, Kimberly N. Martin, Michelle C. Hamilton, Fisher & Phillips, Atlanta, GA, for defendant. ORDER STORY, District...
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MEMORANDUM OF DECISION THIS MATTER is before the court upon defendant’s Motion for Summary Judgment. Having considered that motion and reviewed the pleadings, the court enters the following findings, conclusions, and decision. *905 FINDINGS AND CONCLUSIONS I. Applicable Standard On a motion for summary judgment, the moving party has the burden of production to show that there are no gen...
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163 F. Supp. 2d 593 (2000) Eugene GREEN, Jr., Plaintiff, v. UNITED STATES of America/United States Department of Education, Defendant. No. 1:99cv53-C United States District Court, W.D. North Carolina, Asheville Division. February 9, 2000. *594 David G. Gray, Westall, Gray & Connolly, Asheville, NC, for plaintiff. James M. Sullivan, AUSA, U.S. Attorney's Office, Charlotte, NC, for defendant. ...
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122 F.Supp.2d 876 (2000) Phillip F. ARTHUR, Plaintiff, v. ARMCO, INC., et al., Defendants. No. 2:99CV133. United States District Court, S.D. Ohio, Eastern Division. March 7, 2000. *877 Terrence W. Larrimer, Michael Garth Moore, Columbus, OH, for plaintiff. Thomas V. Williams, Jeffrey N. Lindemann, Frost & Jacobs, Columbus, OH, for defendant. OPINION AND ORDER SARGUS, District Judge. This mat...
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MEMORANDUM OPINION I. This case arises from a defaulted student loan funded by the Department of Education under Title IV-B of the Higher Education Act of 1965, as amended 20 U.S.C. § 1001 et seq. Defendant Carolyn A. Wright has filed a Motion for Summary Judgment arguing that Plaintiff United *465 States (“the Government”) cannot prove that it made the lo...
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MEMORANDUM AND ORDER The City of New York and the Department of Parks and Recreation of the City of New York (collectively, “City defendants”); the State of New York, the Department of State, the Department of Environmental Conservation, and the Office of General Services (collectively, “State defendants”); and the United States of America have moved to dismiss the complaint filed by ...
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MEMORANDUM OPINION AND ORDER Plaintiff Joya Colon-Berezin (“Berezin”) brings this action against defendants Rudolph Giuliani, the New York City Police Department, Howard Safir, the City of New York, and Officer Michael Pappas alleging, inter alia, that defendants’ truancy policy violated her Fourth Amendment rights under 42 U.S.C. § 1983. Defendants move to dismiss plaintiffs a...
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OPINION & ORDER Plaintiff David Davila Marrero brings this pro se action pursuant to Section 205(g) of the Social Security Act (“the Act”), 42 U.S.C. § 405(g), to challenge a final determination by defendant Kenneth S. Apfel, Commissioner of Social Security, denying him Supplemental Security Income (“SSI”) benefits. The Commissioner has moved for judgment on the pleadings p...
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MEMORANDUM AND ORDER TABLE OF CONTENTS *39 I INTRODUCTION.39 II FACTS.40 A. Parties.40 B. Political Environment.40 C. Protest and Press Conference.41 D. Termination.41 III LAW.41 A. Free Speech . 41 B. Republican Government.42 1. Deference to State Legislature.44 a. New York State Assembly.45 b. Political Considerati...
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ORDER AND REASONS Before the Court is the defendant’s motion for summary judgment. For the following reasons, the defendant’s motion for summary judgment is GRANTED. I. BACKGROUND Dennis Marchesani, a Tennessee resident, was injured on August 25, 1998 while working at the Crescent Hosiery factory in Niota, Tennessee. Marchesani suffered burn-related injuries while pushing a ...
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88 F. Supp. 2d 1083 (2000) CALIFORNIA FIRST AMENDMENT COALITION and Society of Professional Journalists, Northern California Chapter, Plaintiffs, v. Arthur CALDERON, Warden of San Quentin State Prison and James H. Gomez, Director of the California Department of Corrections, Defendants. No. C-96-1291-VRW. United States District Court, N.D. California. January 28, 2000. *1084 Alan L. Schlosser, Kel...
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82 F. Supp. 2d 945 (2000) UNITED STATES of America, Plaintiff, v. Darryl B. McNEAL, Defendant. No. IP 99-131-CR-01 T/F. United States District Court, S.D. Indiana, Indianapolis Division. January 19, 2000. *946 *947 *948 Barry Glickman, Assistant United States Attorney, Indianapolis, IN, William Marsh, Federal Community Defender, Indianapolis, Indiana. ENTRY GRANTING DEFENDANT'S MOTION TO SUPPRES...
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DECISION AND ENTRY OVERRULING SUPPLEMENTAL MOTION FOR SUMMARY JUDGMENT (DOC. #400) FILED BY DEFENDANT LIVINGSTON & CO., INC. This matter comes before the Court upon a supplemental Motion for Summary Judgment (Doc. # 400) filed by Defendant Livingston & Co., Inc. (“Livingston”). The basis for Livingston’s Motion is that the recently enacted Superfund Recycling Equity Act, P.L. 106-113, con...
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85 F. Supp. 2d 828 (2000) UNITED STATES of America, Plaintiff, v. The ATLAS LEDERER COMPANY, et al., Defendants. No. C-3-91-309. United States District Court, S.D. Ohio, Western Division. February 16, 2000. *829 Patrick Dennis Quinn, United States Attorney's Office, Dayton, OH, Matthew A. Fogelsonm, U.S. Department of Justice, Environmental Enforcement Section, Washington, DC, David F. Musel, Uni...
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89 F. Supp. 2d 1171 (2000) UNITED STATES of America, Plaintiff, v. John W. MARSH, Sean Marsh & Heather Marsh as Trustees of the Marsh Trust, and Bank of Hawaii, Defendants. Civil No. 99-00355 SOM. United States District Court, D. Hawaii. March 2, 2000. *1172 Bernard J. Knight, Jr., U.S. Department of Justice, Washington DC, for plaintiff. Stephen P. Pingree, Richard P. McClellan, III, Honolul...
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91 F. Supp. 2d 1132 (2000) UNITED STATES of America, Plaintiff, v. THE MIAMI UNIVERSITY, and The Ohio State University, Defendants, and The Chronicle of Higher Education, Intervenor-Defendant. No. C-2-98-0097. United States District Court, S.D. Ohio, Eastern Division. March 20, 2000. *1133 *1134 Deborah F. Sanders, United States Attorney's Office, Columbus, OH, Frank W. Hunger, Assistant Attorney...
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MEMORANDUM Presently before the Court is the motion of defendant, Penn-Del Directory Company (“Penn-Del”), for reconsideration (Document No. 17) and the response, reply and sur-reply thereto. For the reasons set forth below, the motion will be denied. I. Background Plaintiff James R. Dayoub (“Dayoub”) brought this lawsuit alleging that he is disabled and that his employer fa...
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88 F. Supp. 2d 402 (2000) Kimberly A. LANE, and Charlotte E. McQueen, individually and on behalf of her two minor children, Kareem Jamal and Jahlear Harris, v. John COLE and Rose Cole. No. CIV. A. 99-2463. United States District Court, E.D. Pennsylvania. March 22, 2000. *403 Marinda Van Dalen, Philadelphia, PA, for plaintiffs. Ronda K. Kiser, Thomas C. DeLorenzo, Marshall, Dennehey, Warner, Colem...
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*817 ORDER The United States Trustee appeals from the March 31, 1999, order of the Bankruptcy Court. The March 31, 1999, order denies the United States Trustee’s request for quarterly post-confirmation fees pursuant to 28 U.S.C. § 1930(a)(6) (hereafter post-confirmation fees or quarterly fees). For the reasons set forth below, the Court reverses the Bankruptcy Court’s March 31, 1...
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AMENDED MEMORANDUM OPINION Petitioner McAfee, proceeding pro se, brings this action as a petition for writ of habeas corpus, pursuant to 28 U.S.C. § 2254. In his petition, McAfee challenges the validity of his 1997 conviction in the Circuit Court for Rockingham County for petit larceny and leaving the scene of an accident. The court sentenced him to ten years, with six years suspended. Th...
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MEMORANDUM OPINION Before this court is plaintiff Edmark’s Motion for Partial Summary Judgment against Azad International Inc. (Azad). Edmark moved for summary judgement on its claims against Azad for (1) copyright infringement; (2) violation of the Lanham Act for false advertising; and (3) common law unfair competition. I. BACKGROUND Edmark is the creator, patent holder, manufacturer and a distr...
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81 F. Supp. 2d 645 (2000) Kimberly R. KYSER, Plaintiff, v. Kenneth S. APFEL, Commissioner of Social Security, Defendant. Civil Action No. 3:97CV00075. United States District Court, W.D. Virginia, Charlottesville Division. January 19, 2000. *646 Charles Cooper Geraty, III, Geraty, MacQueen & Vitt, Charlottesville, VA, for plaintiff. John F. Corcoran, U.S. Attorney's Office, Roanoke, VA, for de...
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MEMORANDUM OPINION This case centers around the alleged wrongdoing of certain state officials. The plaintiff alleges that members of the State’s Attorney General’s Office harassed him over child support payments which the plaintiff claims he does not owe. Mr. Campbell, the plaintiff, sued the state officials in both their official and individual capacities for violations of: (1) the Fair ...
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OPINION The plaintiff in this securities fraud action, Del Dietrich (“Dietrich”), has moved to certify a class, pursuant to Rule 23, Fed.R.Civ.P., of all persons or entities who purchased or otherwise acquired shares of Scorpion Technologies, Inc. (“Scorpion”) during the period from and including May 13, 1992, through and including December 31, 1994. For the reasons set forth below, Dietrich’s ...
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88 F. Supp. 2d 683 (2000) William E. EDDINS, et al. v. EXCELSIOR INDEP. SCH. DIST., et al. Nos. 9:96-CV-107, 9:96-CV-108. United States District Court, E.D. Texas, Lufkin Division. March 15, 2000. *684 William Eugene Parham, Parham's Law Office, Hempstead, TX, for William E. Eddins, Evelyn Eddins, Christy McD. David Feldman, Feldman & Rogers LLP, Houston, TX, Jeffrey L Rogers, Sheila Pimpler ...
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*484 OPINION GRANTING PARTIAL SUMMARY JUDGMENT OPINION This case involves claims of trademark infringement involving two types of laboratory equipment. Defendants have filed a motion for summary judgment to dismiss the claim regarding one of these two products. For the reasons outlined below, this court now grants defendants’ motion on the basis of laches. BACKGROUN...
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MEMORANDUM OPINION AND ORDER I. INTRODUCTION This cause is before the court on cross-motions for summary judgment. The plaintiffs in this action, Phillip Groover, Harry Vogler, Leon Stancil, Wyatt Lee Potts, Jr., Norman Shockley, Jr., Marline Sykes, Roy E. Plott, John Smith, and Deborah Lea, together with the conditionally certified class they represent (collectively “Pla...
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MEMORANDUM Plaintiff Atlantic Adjustment Co. (“Atlantic Adjustment”) brings this mandamus action pursuant to 28 U.S.C. § 1361. It requests this court to order the Wage and Hour Division of the Department of Labor (the ‘Wage and Hour Division”) to accept plaintiffs administrative appeal of a civil monetary penalty assessment. Before the court is the motion of the Wage and Hour Division...
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MEMORANDUM & ORDER This action involves a shipment of humu-lin, which is a form of insulin, that was declared a total loss after it was loaded and transported in a refrigerated container whose ambient temperature was mistakenly set too low. Having conducted a one-day bench trial, this Court now enters the following findings of fact and conclusions of law. Factual Background ...
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OPINION Presently before the Court are a number of motions to intervene, pursuant to Rule 24, Fed.R.Civ.P., brought by a multitude of customers of defendants Credit Bancorp, Ltd. and Credit Bancorp, Inc. (collectively “Credit Bancorp”), including Robert Praegitzer (“Praegitzer”), Thomas Stappas (“Stappas”),1 *459Stevenson Equity Company (“SECO”), Stephen J. Cole-Hatchard (“Cole-Hatchard”),2 and...
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MEMORANDUM AND ORDER This class action is brought by New York City residents with AIDS or HIV-related illnesses who are seeking access to publicly subsidized benefits. The plaintiffs sued city and state officials and departments claiming violations of the Americans with Disabilities Act (“ADA”), the Medicaid Act, Section 504 of the Rehabilitation Act of 1974, as well as other claims. ...
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87 F.Supp.2d 912 (2000) MISSOURI REPUBLICAN PARTY, et al., Plaintiffs, v. Charles G. LAMB, et al., Defendants. No. 4:98CV1909 CDP. United States District Court, E.D. Missouri, Eastern Division. March 13, 2000. Douglas Bruce La Pierre, Washington University, St. Louis, MO, Patric A. Lester, Lester and Associaltes, St. Louis, MO, W. Bevis Schock, Clayton, MO, for Plaintiffs. James R. Layton, Paul M...
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MEMORANDUM OPINION Plaintiff Margaret Miller (“Miller”) alleges that she was defrauded out of a half-interest in certain real property located in Maryland when defendants Kim Mackie (“Mackie”) and Maureen McFarlane (“McFarlane”) traveled to her home in New Jersey and obtained her signature on a quitclaim deed. Miller alleges that defendants Julius A. Jodlbauer, Esq., 0. Robert Lidums, Esq...
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MEMORANDUM OPINION ADOPTING REPORT AND RECOMMENDATION This case presents a claim for declaratory judgment relief under 28 U.S.C. § 2201. On March 6, 2000, after having received briefing on the issue, United States Magistrate Judge Joseph G. Scoville issued a report and recommendation recommending that this Court, in the exercise of its discretion, decline to entertain the action. Plaintif...
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MEMORANDUM OPINION In this trademark infringement action brought pursuant to section 43(a) of the Lanham Act, 15 U.S.C. § 1125, plaintiffs, the heirs of an author and owners of that author’s work, claim that defendant’s motion picture bears a title which is confusingly similar to the title of a short story published over half a century ago by the author. The summary judgment motion at bar...
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MEMORANDUM AND ORDER Lance Green (“Green”), who is presently serving a prison sentence, moves pro se pursuant to Federal Rule of Criminal Procedure 41(e) for an order compelling the United States to return to him $3,500 in cash and a gold chain with a medallion. *230 He alleges that these items were seized by the Federal Bureau of Investigation (“FBI”) when he was arrested on September 3,...
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*524 INTRODUCTION and BACKGROUND Plaintiff Bristol-Myers Squibb Company (“Bristol”) moves for summary judgment that U.S. Patent Nos. 5,641,803 (“the ’803 patent”) and 5,670,537 (“the ’537 patent”) are not unenforceable due to inequitable conduct. Defendants and counterclaim-ants, Zenith Goldline Pharmaceuticals, Inc., IVAX Corporation, Baker Norton Pharmaceuticals, Inc., and Immu...
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MEMORANDUM OPINION This appeal follows an order by Chief Bankruptcy Judge Brozman disqualifying appellant, Warren R. Graham, and his law firm as counsel for the trustee in this Chapter 7 case. 1 The opinion was highly critical of Graham, finding that he was not disinterested and that his testimony at the hearing was not credible. The order, however, simply disqualified counsel. Graham now a...
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AMENDED MEMORANDUM ORDER AFFIRMING THE REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE YANTHIS DATED NOVEMBER 9, 1999, AND DENYING PLAINTIFFS’ MOTION FOR PRELIMINARY INJUNCTION. Summary Plaintiff Walter Arasimowicz has been a distributor of Thomas’ English Muffins, a well-known bakery product manufactured by Defendant Bestfoods Baking Company, since 1967. As a “multiple” distributo...
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MEMORANDUM OPINION I. INTRODUCTION The appellant in this matter, Kathleen Ambrose ["Ambrose" or "appellant"] contends that the Territorial Court improperly granted summary judgment in favor of the appellee, National Foods Discount ["National Foods" or "appellee"]. For the reasons set forth below, the Court will affirm the Territorial Court's judgment. *230II. FACTS On May 9, 1992, Ambrose entered...
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88 F. Supp. 2d 604 (2000) PROVIDENT LIFE AND ACCIDENT INSURANCE COMPANY, a Tennessee Company, Plaintiff, v. Carl B. LITTLE and Pamela J. Jacobs as Guardian of Carl B. Little, III, Defendants. No. Civ.A. 2:99-0549. United States District Court, S.D. West Virginia. March 17, 2000. *605 *606 Spencer D. Noe, Bowles, Rice, McDavid, Graff & Love, Charleston, WV, for plaintiff. Elliot G. Hicks, Alle...
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*74 OPINION AND ORDER Plaintiff, Bernabé Tejada-Batista, (“Te-jada”) seeks damages under the Civil Rights Act, 42 U.S.C. § 1983 (1988), for an alleged violation of his First and Fourteenth Amendment rights, from Defendant José A. Fuentes-Agostini, Attorney General of the Commonwealth of Puerto Rico, in his personal capacity; Defendant Lydia Morales, Director of the Special Investigations Bu...
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DECISION AND ORDER Plaintiff Lonnie Buchanan brings this civil rights action pursuant to 42 U.S.C. § 1983 alleging that defendant Kenneth Kopesky, a City of Kenosha police detective, violated his constitutional rights by failing to comply with lawful extradition procedures when he transported plaintiff from Waukegan, Illinois to Kenosha, Wisconsin in connection with a homicide investi...
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88 F. Supp. 2d 609 (2000) INTERSTATE PROPERTIES, INC., Plaintiff, v. K-MART CORPORATION, Defendant. No. Civ.A. 2:99-0629. United States District Court, S.D. West Virginia, Charleston Division. March 17, 2000. James D. Kauffelt, Kauffelt & Kauffelt, Charleston, WV, for plaintiff. David Allen Barnette, Stephen D. Crislip, and Steven M. Condaras Jackson & Kelly, Charleston, WV, for defendant...
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MEMORANDUM AND ORDER On August 25, 1999, Defendant Michael R. Kennedy was indicted for the intentional receipt of child pornography in violation *1106 of 18 U.S.C. § 2252(a)(2) (Doc. 1) and forfeiture under 18 U.S.C. § 2253. Before the court for its consideration are: 1. Defendant’s motion to suppress evidence (Doc. 13); 2. Defendant’s memorandum in support of his motion to suppress (Do...
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MEMORANDUM — DECISION AND ORDER I. INTRODUCTION On July 21, 1998, plaintiffs commenced the instant action pursuant to 42 U.S.C. § 1983 for violations of their rights under the First and Fourteenth Amendments, and the Individuals with Disabilities in Education Act (“IDEA”), 20 U.S.C. §§ MOO-1485. Plaintiffs also assert state law causes of action for negligence, respondeat superior, reckl...
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*267 OPINION This is a dispute over a sales representative agreement that plaintiffs and defendants each assert was breached by the other side. Plaintiffs seek various forms of equitable relief against defendants for claims based in contract as well as .copyright and trademark. Defendants assert counterclaims against plaintiffs for damages and equitable relief based on the sa...
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OPINION AND ORDER In this case, the defendant, convicted of being found in the United States after having previously been arrested and deported from the country, in violation of 8 U.S.C. § 1326(a), requests a downward departure on the ground that a four year delay in this, prosecution precluded the possibility of his serving a sentence for this offense partially or fully concurrently ...
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MEMORANDUM AND ORDER TABLE OF CONTENTS I. INTRODUCTION.331 II. FACTS.331 A. Crime.331 B. Guidelines .332 C. Defendant’s Background.332 D. Psychiatric Profile .333 E. Victim.334 F. First Sentencing Hearing.335 G. Victim’s Reaction.336 H. Post-Hearing Rehabilitation.336 I. Second Sentencing Hearing.337 III. CAN THE COURT DEPART? .3...
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89 F. Supp. 2d 877 (2000) METROPOLITAN LIFE INSURANCE COMPANY, Plaintiff, v. Patricia GIBBS, Lois Gibbs, and Jerry Rocco, Defendants. No. 98-CV-75057. United States District Court, E.D. Michigan, Southern Division. March 7, 2000. *878 Thomas E. Chittle, Flint, MI, for Plaintiff. John A. Demarco, Lake Orion, MI, for Defendants. John A. Zick, Farmington Hills, MI, for Lois Gibbs. Parvin C. Lee, Jr....
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88 F.Supp.2d 572 (2000) Peggy J. RILEY, Plaintiff, v. Kenneth S. APFEL, Commissioner of Social Security, Defendant. No. 4:99CV00009. United States District Court, W.D. Virginia, Danville Division. March 16, 2000. *573 MEMORANDUM OPINION KISER, Senior District Judge. Before me now is a Report and Recommendation provided by the Magistrate Judge suggesting that I reverse the determination of the ...
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MEMORANDUM This matter is before the Court on Andrx Pharmaceuticals, Inc.’s Motion to Dismiss Biovail Corporation International’s Counterclaim. For the reasons set forth below, the motion will be granted. I. Background This case first came before the Court on Andrx Pharmaceuticals, Inc.’s, (“Andrx”) motion for a temporary restraining order. Andrx had challenged a Food and Dr...
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MEMORANDUM & ORDER By motion filed on March 18, 1999 and heard on June 23, 1999, nominal defendant Oxford Health Plans, Inc. (“Oxford”) and individual defendants Stephen F. Wiggins, James B. Adamson, Marcia J. Radosevich, Robert B. Milligan, Fred F. Nazem, Benjamin Safirstein and Thomas A. Scully (the “Director Defendants” referred to hereinafter together with defendant Oxford as the “Oxford De...
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MEMORANDUM OPINION I. INTRODUCTION The Defendant in this ease, Michelin North America, Inc. (“Michelin”) has filed a Motion to Decertify the class that is conditionally certified in this action. It is the continuing duty of the trial court to reexamine the issue of class certification at every stage of the proceedings. Cox v. American Cast Iron Pipe Co., 784 F.2d 1546, 1553 (11th Cir.1986). Aft...
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MEMORANDUM OPINION AND ORDER Before the court are Defendants’ Motion for Summary Judgment, filed May 8, 1998; Plaintiffs Response to Defendants’ Motion for Summary Judgment, filed June 1,1998; and Defendants’ Reply in Support of Their Motion for Summary Judgment, filed June 16, 1998. After careful consideration of the motion, response, reply, summary judgment record, and the applicabl...
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MEMORANDUM — DECISION & ORDER I. BACKGROUND The instant matter has been the subject of several prior Memorandum — Decision & Orders (“MDOs”), see Franzon v. Massena Memorial Hosp., 189 F.R.D. 220 (N.D.N.Y.1999); Franzon v. Massena Memorial Hosp., 32 F.Supp.2d 528 (N.D.N.Y.1998) (“Franzon II”); Franzon v. Massena Memorial Hosp., 977 F.Supp. 160 (N.D.N....
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89 F. Supp. 2d 1095 (2000) Harvey BROWN, Jumal Frazier, Jason Johnson, Edward James Warner, by and through Colleen Warner, his Guardian ad Litem, Steve Higdem, by and through Doreen Mahoney, his Guardian ad Litem, Jesse Eliason, by and through Diane Bergland, his Conservator, Plaintiffs, v. YOUTH SERVICES INTERNATIONAL OF SOUTH DAKOTA, INC., d/b/a Chamberlain Academy, Defendant. No. Civ 98-4165. ...
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MEMORANDUM OPINION At issue is whether a plaintiff who was awarded a $100.00 statutory penalty, but no actual damages, for a defendant’s violation of the North Carolina fair debt collection statutes, can be considered a “prevailing party” and thereby entitled to attorney’s fees. For the reasons stated below, the Court finds that (1) the Plaintiff in this case is not a prevailing party...
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88 F. Supp. 2d 600 (2000) FLEXSYS AMERICA, L.P., Plaintiff, v. LOCAL UNION NO. 12610, Affiliated with the United Steelworkers of America, AFL — CIO — CLC, Defendant. No. Civ.A. 2:99-0780. United States District Court, S.D. West Virginia, Charleston Division. February 16, 2000. Anna M. Dailey, Heenan, Althen & Roles, Charleston, WV, Teri Firmiss Thompson, Matkov, Salzman, Madoff & *601 Gun...
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MEMORANDUM OPINION AND ORDER Petitioner, Gary Edwin Nord, an inmate at the Federal Prison Camp in Yankton, South Dakota, has applied for a writ of habeas corpus pursuant to 28 U.S.C. § 2241, claiming that he is entitled to a one-year reduction in his sentence under 18 U.S.C. § 3621(e)(2)(B). Petitioner has exhausted his administrative remedies and has paid the appropriate filing fee. For ...
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126 F. Supp. 2d 1207 (2000) MICROWARE SYSTEMS CORP., Plaintiff, v. APPLE COMPUTER, INC., Defendant. No. 4-99-CV-90496. United States District Court, S.D. Iowa, Central Division. March 15, 2000. *1208 *1209 Kent A. Herink, David A. Tank, Davis Brown Koehn Shors & Roberts PC, Des Moines, IA, for plaintiff. Jeffrey D. Harty, Edmund J. Sease, Zarley McKee Thomte Vorhees & Sease, Des Moines, I...
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MEMORANDUM OPINION AND ORDER I. INTRODUCTION This cause is before the court on a Motion to Dismiss for Improper Venue, or in the Alternative, Transfer Venue, filed by Smithfield Packing Company, Inc. on February 10, 2000 (Doc. # 14), and on a Motion to Dismiss Upon the Grounds of Lack of Personal Jurisdiction and Improper Venue, or, in the Alternative, to Transfer, filed ...
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88 F. Supp. 2d 1295 (2000) Burrell JOHNSON, Plaintiff, v. STONE CONTAINER, Defendant. No. CV97-H-2195-S. United States District Court, N.D. Alabama, Southern Division. March 22, 2000. *1296 C. Michael Quinn, James Alan Mendelsohn, Lee David Winston, Gordon, Silberman, Wiggins & Childs, Birmingham, AL, for Burrell Johnson, plaintiff. Regina Alberini Young, Lori S. Patterson, Rogers Towers Bail...
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MEMORANDUM OPINION AND ORDER Before the court is plaintiffs/eounter-de-fendants’ motion' to dismiss defendant/counter-plaintiffs counterclaim pursuant to Federal Rule of Civil Procedure 12(b)(6). For the reasons that follow, the court grants in part and denies in part plaintiffs/counter-defendants’ motion. I. BACKGROUND Defendant/counter-plaintiff Hetran, Incorporate...
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OPINION AND ORDER DENYING DEFENDANT’S MOTION TO EXCLUDE CERTAIN EVIDENCE I. INTRODUCTION Defendant Brian Brown is named in Count One of the First Superseding Indictment in this case, and is charged along with several co-defendants with conspiracy to distribute cocaine and crack cocaine between 1987 and January of 1999. On September 29, 1999, Defendant brought a Motion to Excl...
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MEMORANDUM OPINION AND ORDER Before the court is the Motion For Summary Judgment filed on December 9,1999, by Defendants City of Andalusia, James E. Beaman and Kenny Wheeler (“City,” “Beaman” and “Wheeler,” respectively, “City Defendants,” collectively). The City Defendants filed a Brief In Support (“City Br.”) on December 9, 1999 and a Supplemental Submission on December 10, 1999. Plaint...
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OPINION This matter is before the Court on Plaintiffs’ Renewed Motion for Post-Judgment Relief (Dkt. No. 441). The Motion requests that the Court modify its Judgment and Permanent Injunction. The Motion implicates two legal questions: first, whether the modification of an Injunction intended to prevent a policy of non-enforcement of mandatory regulations requires a showing that the Fe...
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MEMORANDUM OF DECISION Plaintiffs represent a class of prisoners whose avowed religious faiths have doctrines which plaintiffs believe forbid them (or anyone else) from cutting their hair or shaving their beards, or both. They were convicted in the Superior Court of the District of Columbia or the United States District Court for the District of Columbia, were committed to the custody of ...
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MEMORANDUM OPINION AND ORDER Before the court is plaintiff Amoco Oil Company’s response to the court’s rule to *959 show cause why this case should not be transferred pursuant to 28 U.S.C. § 1404(a). 1 For the following reasons, the court transfers this case to the United States District Court for the Eastern District of New York. I. BACKGROUND ...
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88 F. Supp. 2d 1319 (2000) Stacey RASPBERRY, Plaintiff, v. Herbie JOHNSON, et al., Defendants. No. Civ.A. 98-D-1271-N. United States District Court, M.D. Alabama, Northern Division. February 18, 2000. *1320 *1321 Susan Graham James, Denise A. Simmons, Montgomery, Alabama, for plaintiff. C. Winston Sheehan, Jr., Allison L. Alford, Montgomery, Alabama, for defendant. MEMORANDUM OPINION AND ORDER D...
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88 F. Supp. 2d 906 (2000) Eid ABU-HASHISH and Sheam Abu-Hashish, Plaintiffs, v. SCOTTSDALE INSURANCE COMPANY, Defendant. No. 98 C 4019. United States District Court, N.D. Illinois, Eastern Division. March 16, 2000. Edward Eshoo, Jr., Scott Anthony Morgan, Childress & Zdeb, Ltd., Chicago, IL, for plaintiffs. Thomas J. Finn, Leahy, Eisenberg & Fraenkel, Chicago, IL, for defendant. *907 ME...
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OPINION I. This case raises the important issue, not yet resolved in the Fourth Circuit, of which party in an action brought under the Individuals with Disabilities Education Act (IDEA) bears the burden of proof at the administrative due process hearing. 1 The circuits that have addressed the issue are divided, some placing the burden upon the school district, others u...
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88 F. Supp. 2d 1049 (2000) William R. CODY, individually and on behalf of all other persons similarly situated, Plaintiff, v. Carole HILLARD, President of the Board of Charities and Corrections; Frank Brost, Vice President; Ted Spaulding, Member; D.A. Gellhoff, Member; Lyle Swenson, Member; James Smith, Executive Secretary; Herman Solem, Warden of the South Dakota State Penitentiary; sued individ...
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MEMORANDUM-DECISION and ORDER Currently before the court is defendant Kenneth Lazore’s “motion for dismissal of charges,” which the Government opposes. Although defendant styles his motion as one to dismiss his 1995 indictment, it appears that his papers are inartfully pled and dismissal of the indictment is not be the relief he seeks. Rather than addressing the sufficiency or fairness of that ...
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DECISION AND ORDER Terry Alan Anderson, an American journalist working in Beirut, Lebanon, was kidnapped at gunpoint from his parked automobile in West Beirut on March 16, 1985. He was imprisoned and held hostage in various dungeons in Beirut and vicinity, under execrable conditions, for nearly seven years. Released in early December, 1991, Anderson, his wife Made *109 leine (“Maddy”) Bassi...
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MEMORANDUM OPINION AND ORDER Melody, Joseph and Jane Foley want me to stop the forfeiture of William Foley’s home. While the Constitution grants substantial power to the federal courts, see Marbury v. Madison, 1 Cranch 137, 2 L.Ed. 60 (1803), judicial power is limited to cases and controversies. U.S. Const., Art. Ill § 2. This limitation requires a plaintiff (or in this cas...
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246 B.R. 181 (2000) In re CONSTABLE TERMINAL CORPORATION, Debtor. Constable Terminal Corporation, Plaintiff, v. City of Bayonne, New Jersey, Defendant. No. Civ.A. 99-2037 NHP. United States District Court, D. New Jersey. March 21, 2000. *182 John R. Wenzke, Lasser Hochman, LLC, Roseland, NJ, for appellant, Constable Terminal Corporation. Kevin Hanly, Hanly & Ryglicki, Edgewater, NJ, for appel...
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88 F. Supp. 2d 319 (2000) Susan M. BURGESS, Plaintiff, v. Thomas H. CAHALL, Jr. and The Chesapeake Employment Corporation, Defendants. No. Civ.A. 99-217-JJF. United States District Court, D. Delaware. February 29, 2000. *320 John X. Denney, Jr., Tomar, Simonoff, Adourian, O'Brien, Kaplan, Jacoby & Graziano, Wilmington, DE, of counsel Stephen B. Lebau, Lebau & Neuworth, LLC, Baltimore, MD,...
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126 F. Supp. 2d 809 (2000) Michele L. MARTIN, Plaintiff v. ALLEGHENY AIRLINES, INC., d/b/a U.S. Airways Express, Defendant No. CIV. 1:CV-99-0427. United States District Court, M.D. Pennsylvania. March 17, 2000. *810 Gregory M. Feather, Handler, Henning & Rosenberg, Harrisburg, PA, for plaintiff. Todd J. Shill, Rhoades & Sinon, Harrisburg, PA, M. Elizabeth Ortego, Ford & Harrison, LLP,...
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OPINION AND ORDER On October 31, 1997, Petitioner Elden Boucher filed a pro se habeas corpus petition pursuant to 28 U.S.C. § 2241. [Doc. 1]. Petitioner Boucher alleges Respondent Warden John LaManna exceeded his statutory authority by improperly denying him early release under 18 U.S.C. § 3621(e). Boucher says two of the Bureau of Prisons’ internal policies implementing the st...
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91 F. Supp. 2d 1112 (2000) JRB COMPANY, INC., Plaintiff, v. PEMBERTON, INC., Defendant. No. 5:99-CV-1236. United States District Court, N.D. Ohio, Eastern Division. March 6, 2000. *1113 Laura J. Gentilcore, Ray L. Weber, Renner, Kenner, Greive, Bobak, Taylor & Weber, Akron, OH, for JRB Company Inc., plaintiff. Mark J. Skakun, III, Louis F. Wagner, Walter A. Lucas, Buckingham, Doolittle & ...
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MEMORANDUM OPINION Before the court is Defendant Alabama Court of Criminal Appeals’ (“ACCA”) challenge to the court’s subject matter jurisdiction raised in the ACCA’s Motion For Evidentiary Hearing (“Mot.Evid.H’rg”), filed February 28, 2000. The ACCA questions this court’s subject matter jurisdiction, asserting that it is not an “employer” within the meaning of Title VII of the Civil Rights Act...
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OPINION AND ORDER By complaint filed February 25, 1998, plaintiff Surjumony Rajcooar initiated this action against defendants Air India Limited (“Air India”) and Heathrow Airport Limited (“Heathrow”) seeking damages on behalf of herself and her late husband for Mr. Rajcooar’s death. By an order and opinion dated April 23, 1999, this court dismissed Heathrow for want of personal jurisdiction. ...
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DECISION AND ORDER Plaintiffs Ben and Shirley Harris (“plaintiffs”), pursuant to this court’s diversity jurisdiction under 28 U.S.C. § 1382, commenced this action against defendant Key Bank National Association, d/b/a Key Bank, Key Bank of New York, and Key Bank of Central New York (“defendant” or “Key Bank” or “the bank”). In their complaint, plaintiffs allege essentially that Key Ba...
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MEMORANDUM OPINION AND ORDER Defendant Robert Martins (“Martins”) moves, pursuant to Federal Rule of Criminal Procedure 21(b), to transfer this action to the Southern District of Nevada. Defendants Antonio Guastella (“Guastella”), Michael McClain (“McClain”), M,arianne Curtis (“Curtis”), Louis Frechette (“Fre-chette”), and Roy Thornton (“Thornton”) join in this motion. 1 Ma...
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88 F. Supp. 2d 655 (2000) Stacey PRIDGEN, Plaintiff, v. GREEN TREE FINANCIAL SERVICING CORPORATION, ABC, and DEF, Defendants. No. Civ.A. 3:99CV771BN. United States District Court, S.D. Mississippi, Jackson Division. March 22, 2000. *656 Eugene Coursey Tullos, Tullos, Tullos & Tullos, Raleigh, MS, for Stacey Pridgen, plaintiff. Mark K. Tullos, Tullos, Tullos & Tullos, Raleigh, MS, for Fran...
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MEMORANDUM & ORDER By motion filed February 14, 2000, heard and fully submitted on March 17, *496 2000, Swiss Reinsurance America Corp (“Swiss Re”), defendant in this diversity suit to recover damages, injunctive and declaratory relief for violation of New York Labor Law § 201-d, moves pursuant to Rule 12(b)(6) Fed.R.Civ.P. to dismiss the complaint for failure to state a ...
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92 F.Supp.2d 433 (2000) UNITED STATES of America v. Charles TURNER, Defendant. No. Crim.A. 95-520-01. United States District Court, E.D. Pennsylvania. March 24, 2000. Nancy Beam Winter, U.S. Attorney's Office, Philadelphia, PA, for plaintiff. Rossman Thompson, Federal Defenders Association, Philadelphia, PA, for defendant. FINDINGS OF FACT AND CONCLUSIONS OF LAW KATZ, Senior District Judge. Defe...
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MEMORANDUM & ORDER I. INTRODUCTION This is an appeal from an order of the United States Bankruptcy Court, In re Thomas, 231 B.R. 581 (Bankr.E.D.Pa. 1999). Appellant-debtors Charles and Lisa Thomas appeal the ruling of the bankruptcy court that allowed an amended proof of claim of the Internal Revenue Service (“IRS”). For the following reasons, I will affirm the bankruptcy court’s ruling. II. FA...
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88 F. Supp. 2d 408 (2000) UNITED STATES of America v. Michael KANE, Defendant. No. Crim.A. 98-541. United States District Court, E.D. Pennsylvania. March 24, 2000. John J. Pease, U.S. Attorney's Office, Philadelphia, PA, for plaintiff. Stanford Shmukler, Philadelphia, PA, for defendant. MEMORANDUM & ORDER KATZ, Senior District Judge. Before the court is defendant Michael Kane's motion for a ...
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89 F. Supp. 2d 643 (2000) James C. MILLER, Ralph Brown, Vincent Gray, Charles Knight, Michael Jones, Harold G. Williams, Jerry Hemingway, Barry C. James and Dwayne Jackson, Plaintiffs, v. HYGRADE FOOD PRODUCTS CORPORATION and Sara Lee Corporation, Defendants. No. CIV. A. 99-1087. United States District Court, E.D. Pennsylvania. March 24, 2000. *644 *645 Robert T. Vance, Jr., Philadelphia, PA, for...
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89 F. Supp. 2d 1154 (2000) NISSAN MOTOR CO., LTD.; Nissan North America, Inc., Plaintiffs, v. NISSAN COMPUTER CORPORATION, Defendant. No. CV 99-12980 DDP (Mcx). United States District Court, C.D. California. March 23, 2000. *1155 *1156 Mark A. Flagel, Daniel Scott Schecter, Michael Jon Lawrence, David J. Schindler, Special Asst. AUSA, Ltham & Watkins, Los Angeles, CA, for plaintiffs. Daniel S...
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MEMORANDUM OF DECISION THIS MATTER is before the court on defendants’ Motion for Summary Judgment. Having considered defendants’ motion and reviewed the pleadings, the court enters the following findings and conclusions. *405 FINDINGS AND CONCLUSIONS I. Jurisdiction This matter arises under Title VII of the Civil Rights Act of 1964, as amended — 42, United States C...
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*84 MEMORAND UM — DECISION The plaintiff, nominally Lake Medical Center (“Lake Medical”) but in fact its former owner Nu-Med, Inc. (hereinafter “Nu-Med” or “plaintiff’) brings this action seeking review of the decision of Donna E. Shalala, Secretary of the Department of Health and Human Services (hereinafter “the Secretary” or “defendant”) regarding the amount of reimbursement plaintiff is ...
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MEMORANDUM AND ORDER Final judgment pursuant to Fed. R.Civ.P. 54(b) was entered by the district court in this CERCLA 1 matter on December 7, 1999. As part of the district court’s order directing entry of final judgment, costs were awarded to United Technologies Corporation (“UTC”) and to those parties whose motions for judgment as a matter of law or summary judgment were gr...
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OPINION AND ORDER This matter is before the Court on the motion of New England Telephone and Telegraph Company (“NET” or “defendant”) for summary judgment. This action was brought by M. Richard Trombley (“plaintiff’) claiming that NET has wrongfully denied him benefits to which he is entitled under the terms of the NYNEX Management Pension Plan (“NYNEX Plan”). In his Amended Complaint...
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88 F. Supp. 2d 1009 (2000) WHITESIDE BIOMECHANICS, INC., Plaintiff, v. SOFAMOR DANEK GROUP, INC., Danek Medical, Inc. and SDGI Holdings, Inc., Defendants. No. 4:96CV2195-DJS. United States District Court, E.D. Missouri, Eastern Division. March 21, 2000. *1010 William B. Cunningham, Jr., McPherson D. Moore, Polster and Lieder, St. Louis, MO, James W. Whitney, Jr., William T. Burnet, Menees and Whi...
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MEMORANDUM ORDER On November 17, 1999, plaintiff Spear, Leeds & Kellogg (“SLK”) brought suit against defendant Richard Rosado on the grounds of trademark infringement, trademark dilution, and unfair competition. Specifically, SLK alleged that Rosado had registered and was using as an Internet domain name SLK’s well-known REDI-BOOK trademark, as well as operating a web site under the i...
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MEMORANDUM OPINION AND ORDER Thomas J. Moriarty as Trustee (“Moriarty”) has sued two defendants on behalf of the Local Union No. 727 Pension Trust and the Teamsters Local Union No. 727 Health and Welfare Trust (collectively “Funds”) pursuant to the Labor Management Relations Act (29 U.S.C. § 185) and the Employee Retirement Income Security Act of 1974 (“ERISA,” 29 U.S.C. § 1132(a)(3))...
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*490 MEMORANDUM DECISION AND ORDER Plaintiff Henry Hall brings this action against defendants South Orange, Franklin Township, William Young, Detective Collum and certain unknown defendants asserting both New York state law claims of false imprisonment, battery, assault, and intentional infliction of emotional distress, and violations of his Fourth and Fourteenth Amendment rights...
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101 F. Supp. 2d 1261 (2000) Mark C. CARTER, a California resident, and International E-Z Up, Inc., a California corporation, Plaintiffs, v. VARIFLEX, INC., a Delaware corporation, Defendant. Variflex, Inc., a Delaware corporation, Counter-Complainant, v. Mark C. Carter, a California resident, International E-Z Up, Inc., a California corporation, James Lynch, a Colorado resident, and KD Kanopy, In...
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OPINION AND ORDER Plaintiff Craig Nadel, a designer, inventor, and marketer of toys sued defendant Will Isaksson, alleging that Isaksson breached an agreement they had to market and share royalties on a toy defendant Isaksson created and ultimately successfully marketed. Following a four day trial in December 1999, the jury found for plaintiff Nadel, and awarded him fifty percent of the over ...
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MEMORANDUM AND ORDER Plaintiff ImOn Inc. moves for a preliminary injunction against defendants Imagi-nOn, Inc. Both parties are suppliers of “services or products” on the Internet which, as I recognize and grapple with hereafter, is one of the most fluid, rapidly developing, and virtually daily changing areas of commerce that the law has had to focus upon and endeavor to apply establi...
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88 F. Supp. 2d 1310 (2000) Beverly CHRISTENSEN, as guardian and next friend of Jessica Hatcher, et al., Plaintiffs, v. SOUTHERN NORMAL SCHOOL, et al., Defendants. No. CIV. A. 97-D-181-N. United States District Court, M.D. Alabama, Northern Division. February 7, 2000. Abner A. Powell, Andalusia, AL, for Plaintiff. Ronald G. Davenport, Robert C. Ward, Jr., Jack B. Hinton, Jr., Montgomery, AL, for D...
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MEMORANDUM OPINION This False Claims Act case raises the question, unresolved in this circuit, of whether a qui tam action can proceed against a defendant in bankruptcy under the police powers exception to the automatic stay 1 when the United States has not yet decided whether to intervene pursuant to 31 U.S.C. § 3730(b)(4)(B). I. 2 In June 1998, plaintiffs, as qui tam rela-tors for the...
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89 F. Supp. 2d 1108 (2000) Don POOLEY, Plaintiff, v. NATIONAL HOLE-IN-ONE ASSOCIATION, Defendant. No. Civ 99-238 TUC ACM. United States District Court, D. Arizona. February 22, 2000. *1109 David C. Bury, Bury, Moeller, Humphrey & O'Meara, Tucson, AZ, for Don Pooley, plaintiff. John C. Gemmill, Teilborg, Sanders & Parks, P.C., Phoenix, AZ, for National Hole In One Association, defendant. ...
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ORDER This matter is before the Court on Defendant’s Motion to Dismiss and Plaintiffs Motion for Summary Judgment. The underlying action alleges that Defendant presented illegally acquired food stamps to a financial institution, causing a false claim to be presented to the United States Government in violation of the False Claims Act, 31 U.S.C. § 3729, et seq. BACKGROUND Defendant Byr...
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85 F. Supp. 2d 1375 (2000) 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 8, 2000. Richmond Mason Barge, Parks Chesin & Miller, Atlanta, GA, Patrick W. McKee, Office of Patrick W. McKee, Atlanta, GA, for Daniel Webster, Peggy Webster, Webster Green Thumb Company,...
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MEMORANDUM OF DECISION Respondent objects to the Report and Recommendation of the Magistrate Judge that the petition for a writ of habeas corpus be granted. The petition was filed after the effective date of the Antiterrorism and Effective Death Penalty Act (“AEDPA”), Pub.L. No. 104-132, 110 Stat. 1214, which amended 28 U.S.C. § 2254 and, the Magistrate Judge ruled, governed the proceedings b...
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ORDER Presently before this Court is Defendants Terry Johnson’s and Gail Maxwell’s Motion to Dismiss (# 11) filed on January 31, 2000. Plaintiffs Meadow Valley Contractors, Inc. and Walter Construction (USA), Inc. filed an Opposition (# 14) on February 9, 2000. Defendants filed a Reply (# 16) and an Affidavit in Support of Motion to Dismiss (# 17) on February 14, 2000. I. BACKGRO...
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MEMORANDUM AND ORDER I. FACTUAL AND PROCEDURAL BACKGROUND Robert Mowbray (“Mowbray”), on his own behalf and on behalf of the class he represents, brings this motion for summary judgment as to the liability of Waste Management Holdings, Inc. (‘Waste Management”) on certain claims for breach of contract. The facts of this case are laid out in this Court’s previous opinions. S...
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MEMORANDUM AND ORDER I. INTRODUCTION This appeal raises a question of statutory interpretation that has yet to be addressed in this Circuit. Joseph Guarraci-no (“Guarracino”) appeals the decision of the Massachusetts Bankruptcy Court that *131 the security deposit he provided to the debtor, William Hoffman (“Hoffman”), in connection with the lease of property, is not entitled to administr...
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OPINION Presently before the court is the motion of the State Defendants 1 to dismiss this action pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, or in the alternative, for summary judgment. Upon due consideration, the court finds that the motion should be granted. A. Factual Background In the spring of 1996, the Lowndes County Department of Public Welfare placed Y.H., a fi...
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MEMORANDUM OPINION This cause comes before the court upon three motions: the defendant Chattanooga Group, Inc.’s (“Chattanooga”) motion for summary judgment, its supplement to the motion for summary judgment, and the defendant Campbell Clinic, Inc.’s (“Campbell”) motion for summary judgment. Upon due consideration of the parties’ memoranda and exhibits, the court is ready to rule. FACTS I...
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88 F. Supp. 2d 753 (2000) Gary Wayne FANNON, Plaintiff, v. Kurt JOHNSTON, Defendant. No. Civ. 98-CV-72006-DT. United States District Court, E.D. Michigan, Southern Division. March 24, 2000. *754 John M. Peters, Peters & Peters, Bloomfield Hills, MI, Patrick J. McQueeny, St. Clair Shores, MI, for plaintiff. Margaret T. Debler, Johnson, Rosati, Farmington Hills, MI, for defendant. Margaret A. N...
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88 F. Supp. 2d 999 (2000) Thomas E. BAUER, Plaintiff, v. TRANSITIONAL SCHOOL DISTRICT OF THE CITY OF ST. LOUIS, et al., Defendants. No. 4:99CV1614 ERW. United States District Court, E.D. Missouri, Eastern Division. January 10, 2000. *1000 Thomas J. Bauer, St. Louis, MO, plaintiff pro se. Kenneth C. Brostron, Dirk DeYoung, and Mary Elizabeth Handley of Lashly & Baer, P.C., St. Louis, MO, for d...
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88 F. Supp. 2d 799 (2000) James MORRISON, Plaintiff, v. Karl DAVIS, et al., Defendants. No. C2-97-1305. United States District Court, S.D. Ohio, Eastern Division. March 28, 2000. *800 Alphonse Adam Gerhardstein, Laufman & Gerhardstein, Cincinnati, OH, for plaintiff. Todd Marti, Columbus City Attorney's Office, Carol Anne Hamilton O'Brien, John H. Jones, Ohio Attorney General-2, Corrections Li...
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*88 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 that plaintiff is not disabled under the Social Security Act (“the. Act”) and, therefore, is not entitled to disability benefits. As discussed below, the Commissioner’s decision is reversed and remanded for further findings c...
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DECISION AND ORDER This action involves alleged violations of, inter alia, the Clean Water Act (CWA), 33 U.S.C. § 1251, et seq., by the United States Army Corps of Engineers (“the Corps”), which authorized the issuance of a permit for the filling of a wetland site, and by a private developer for its modifications to the site. In essence, this case was commenced b...
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Opinion and Order Defendants move for summary judgment dismissing all of plaintiffs claims. Defendant Monsanto Company (“Monsanto”) is a Delaware corporation headquartered in Missouri, as is defendant Solutia, Inc. (“Solutia”), a corporation Monsanto spun off in 1997. Plaintiff is an individual resident of New York. Mr. Satterfield claims that the defendants tortiously converted his ...
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82 F. Supp. 2d 707 (2000) Robert H. MEYERS, M.D. and Mary Meyers, M.D., Plaintiffs, v. LOGAN MEMORIAL HOSPITAL, et al., Defendants. No. CIV.A. 1:97-CV-219-M. United States District Court, W.D. Kentucky, Bowling Green Division. January 27, 2000. *708 Joseph C. Souza, Gardner, Ewing & Souza, Louisville, Matthew Meyers, Teaneck, NJ, for Robert H. Meyers, M.D., Individually and as a partnership, ...
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MEMORANDUM AND DECISION Peter Cignetti, a Captain in the Cambridge Fire Department, brings this 42 U.S.C. § 1983 action, alleging primarily that the City of Cambridge and officials of the City and of the Cambridge Fire Department engaged in a pattern of harassment and coercion in retaliation for his exercise of his First Amendment right as a public employee to speak on matters of public conce...
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OPINION AND ORDER INTRODUCTION Plaintiffs, various environmental organizations, initiated this action pursuant to the “citizen suit” provision, section 505 of the Clean Water Act 1 (“CWA” or “the Act”), 33 U.S.C. § 1365, to compel the United States Environmental Protection Agency (“EPA”), through its Administrator, 2 to issue regulations under section 316(b)...
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88 F. Supp. 2d 1150 (2000) Nancy L. DEMARAH, Plaintiff, v. TEXACO GROUP INC., Defendant. No. Civ.A. 98-K-1521. United States District Court, D. Colorado. March 23, 2000. *1151 Andrew T. Brake, Lee T. Judd, Brian L. Lewis, Andrew T. Brake, P.C., Englewood, CO, for plaintiff. John M. Husband, John A. Ramsey, Holland & Hart LLP, Denver, CO, for defendant. MEMORANDUM OPINION AND ORDER KANE, Seni...
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MEMORANDUM OPINION AND ORDER REGARDING FUTURE DANGEROUSNESS AND THE DEATH PENALTY PROTOCOL There are two matters that are currently pending in Defendant Danny Lee’s case. First, Defendant Lee has filed a Motion for a New Sentencing Phase Trial due to the improper introduction of evidence regarding his alleged propensity for future dangerousness. Second, this Court must resolve the iss...
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94 F. Supp. 2d 1043 (2000) DONG VAN NGUYEN, Plaintiff, v. DOBBS INTERNATIONAL SERVICES, INC., Defendant. No. 99-0079-CV-W-9-BB. United States District Court, W.D. Missouri, Western Division. March 10, 2000. *1044 *1045 Henry M. Stoever, Kansas City, MO, for Plaintiff. James R. Ward, Lawrence M. Berkowitz, Berkowitz, Feldmiller, Stanton, Brandt, Williams & Stueve, LLP, Kansas City, MO, Louis P...
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OPINION GRANTING DEPENDANTS SONIC FINANCIAL CORP. AND SPEEDWAY MOTORSPORTS, INC.’S MOTIONS FOR SUMMARY JUDGMENT Presently before the Court are motions by defendants Sonic Financial Corp. (“Sonic”) and Speedway Motorsports, Inc. (“Speedway”) for summary judgment pursuant to Fed.R.Civ.P. 56. For the reasons stated below, these motions will be granted. I. FACTS AND PROCEDURAL BACK...
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OPINION ON PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT AND DEFENDANT’S CROSSMOTION FOR SUMMARY JUDGMENT Presently before, this Court is Plaintiff United States for the Use of PCC Construction, Inc.’s Motion for Summary Judgment and Defendant Meadowbrook Insurance Group’s Crossmotion for Summary Judgment. Jurisdiction is based upon 40 U.S.C. §§ 270a and 270b. I. FACTUAL AND PROCEDURAL BAC...
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OPINION AND ORDER Plaintiffs in this class action seek compensatory and punitive damages for acts of genocide, including murder, rape, torture, and other torts, allegedly committed in Bosnia-Herzegovina by individuals under the command and control of defendant Radovan Karadzic. Following class certification, plaintiffs Jane Doe I et al. (the “Doe plaintiffs”) moved the Court for approval of the...
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82 F. Supp. 2d 1070 (2000) SOUTHWEST CENTER FOR BIOLOGICAL DIVERSITY, Plaintiff, v. UNITED STATES FOREST SERVICE and Arizona Cattle Growers' Association, Defendants. No. Civ.A. 99-0795-PHX. United States District Court, D. Arizona. February 1, 2000. *1071 James Jay Tutchton, Earthlaw, University of Denver, CO, Brendan Ridgely Cummings, Berkeley, CA, for Southwest Center for Biological Diversity. ...
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RULING Before this court is defendant “John Doe” ’s motion to dismiss for failure to state a claim pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. For the following reasons, defendant’s motion to dismiss claims against John Doe is GRANTED. I. BACKGROUND On 9 September 1999, plaintiff James Taylor (“Taylor”) filed a complaint against the City of Winnfield, Gleason Nugent, Dean...
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MEMORANDUM OPINION AND ORDER At the pretrial motions hearing held in this matter on March 21, 2000, the court suppressed defendant Stacey Seacrist’s statements that had been obtained by police in violation of her Fifth Amendment right to counsel. The court learned at the hearing that those statements formed the sole basis for a search warrant for the residence of defendant Mark Henderson. The c...
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DECISION Plaintiff Mary Smith (“plaintiff’), on behalf of her minor child, Vanessa Smith (“Vanessa”), seeks judicial review of the final decision rendered by the Commissioner of the Social Security Administration (“Commissioner”) denying plaintiffs claim for supplemental security income (SSI) child benefits. For the reasons that follow, the court AFFIRMS the Commissioner’s decision. ...
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ORDER DENYING PETITIONER’S WRIT OF ERROR CORAM NOBIS BACKGROUND The Record in this case indicates that on November 25, 1986, Robert Martinez (“Petitioner”), was indicted for importing and possessing with intent to distribute heroine from Thailand. After a jury trial, Defendant was convicted on all five counts, and Judge Fong sentenced Petitioner to 20 years imprisonment on April 6,198...
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ORDER Before the Court are Defendant Smith & Nephew Richards, Inc.’s (“Defendant’s”) motions for summary judgment and to exclude or limit the testimony of Jerry D. McKenzie, M.D., as to Plaintiff Kenneth D. Gaddy (“Plaintiff’). I. History of Case This is a products liability case concerning the Rogozinski Spinal Rod System manufactured by Defendant, presently ...
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OPINION AND ORDER DENYING MOTION FOR CLASS CERTIFICATION Plaintiff David Yadlosky moves for class certification pursuant to Federal Rules of Civil Procedure 23(a) and 23(b)(3). For the reasons set forth below, plaintiffs motion will be DENIED. *295 BACKGROUND Plaintiff David Yadlosky filed a thirteen count second amended complaint on January 3, 2000 alleging he spent $522,822.00 for various M...
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91 F.Supp.2d 1228 (2000) UNITED STATES of America, Plaintiff, v. ONE PARCEL OF REAL ESTATE LOCATED AT 1948 MARTIN LUTHER KING DRIVE, SPRINGFIELD, ILLINOIS, et al., Defendants. No. 97-3022. United States District Court, C.D. Illinois, Springfield Division. March 28, 2000. *1229 Esteban F Sanchez, U.S. Atty, Springfield, IL, for plaintiff. Bruce D Locher, Springfield, IL, for defendants. Ralph E Wi...
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88 F. Supp. 2d 663 (2000) Matthews SMITH, et al., Plaintiffs, v. TEXACO, INC., et al., Defendants. No. 1:96-CV-749. United States District Court, E.D. Texas, Beaumont Division. March 7, 2000. *664 *665 *666 James Erick Payne, Provost & Umphrey, Beaumont, TX, Reuben A. Guttman, Brian P. McCafferty, Charles V. Firth, Provost & Umphrey, Washington, DC, for plaintiffs. J. Courtney Wilson, Sch...
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91 F. Supp. 2d 992 (2000) Barbara K. ISHAM, Plaintiff, v. PILLOWTEX CORPORATION, Defendant. No. 1:97-CV-77. United States District Court, E.D. Texas, Beaumont Division. March 3, 2000. *993 James H. Riley II, Shook, Hardy & Bacon, Houston, TX, Paul W. Gertz, Lawrence L. Germer, Germer & Gertz, Beaumont, TX, for plaintiff. Roy William Hardin, Locke, Liddel & Sapp, Dallas, TX, Carl A. Pa...
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*404 MEMORANDUM OPINION This case comes in the aftermath of the near collapse of the German metals and engineering conglomerate, Metallgesells-chaft AG (“MGAG”), in late 1993.. Reportedly faced with crippling trading losses from over-exposure in the oil futures market, MGAG nearly was forced into bankruptcy before its creditors, including Deutsche Bank AG, stepped in with an emer...
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91 F. Supp. 2d 797 (2000) Edward J. FOLEY, Sr., Plaintiff, v. INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS LOCAL UNION 98 PENSION FUND, et. al., Defendants. Civil Action No. 98-906. United States District Court, E.D. Pennsylvania. March 29, 2000. *798 *799 Edward J. Foley, Jr., Philadelphia, PA, for plaintiff. Richard C. McNeill, Philadelphia, PA, for defendants. MEMORANDUM LOWELL A. REED, Jr...
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MEMORANDUM AND ORDER Presently before the Court are Appellant Alfred and Denise Ruxton’s (“Appellants” or “Debtors”) Appeal from the Order of the United States Bankruptcy Court for the Eastern District of Pennsylvania, Honorable Stephen Raslavich, October 21, 1999 (Docket No. 3), Appellee the City of Philadelphia’s (“Appellee” or the “City”) response thereto (Docket No. 5), Appellants...
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91 F. Supp. 2d 907 (2000) Johnny Wayne WALKER v. NABORS OFFSHORE DRILLING, INC., et al. No. Civ.A.99-2066. United States District Court, E.D. Louisiana. March 23, 2000. *908 Laurence Edward Best, peter Stephan Koeppel, James Harold Daigle, Jr., Best Koeppel, New Orleans, LA, John W. Lee, Jr., Hattiesburg, MS, for Plaintiff. Patrick J, McShane, Frilot, Partridge, Kohnke & Clements, LC, New Orl...
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MEMORANDUM OPINION William and Harry Warthen (the “appellants”) are appealing the decision of the bankruptcy court to deny the appellants’ Motions for Summary Judgment and to grant the Larry Smith’s (the “appellee”) motion to void the appellants’ judicial liens under 11 U.S.C. § 506(d). Jurisdiction is invoked pursuant to 28 U.S.C. § 158(a). I. On June 30, 1998, a jury in th...
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MEMORANDUM AND ORDER Petitioner, Jeffrey Washington (“Washington”) brings this habeas petition pursuant to 28 U.S.C. § 2254 seeking to overturn his 1993 conviction in Bronx County Supreme Court for one count of rape in the first degree, N.Y. Penal Law § 130.35(3); one count of sodomy in the first degree, N.Y. Penal Law § 230.50(3); and two counts of sexual abuse in the first degree, N.Y. Penal ...
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OPINION AND ORDER Petitioner, Pedro Jose Gil (“Gil”) brings this habeas petition pursuant to 28 U.S.C. § 2254 seeking to overturn his 1995 conviction in New York County Supreme Court for one count of manslaughter in the second degree, N.Y. Penal Law § 125.10. He was sentenced to and is serving a term of five to fifteen years. This Court, having reviewed the record and having heard oral argument...
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OPINION The Defendants are charged with numerous offenses arising out of their alleged involvement in an international terrorist organization led by Defendant Usama Bin Laden (“Bin Laden”) and that organization’s alleged involvement in the August, 1998 bombings of the United States Embassies in Nairobi, Kenya and Dar es Salaam, Tanzania. Collectively, they seek a dismissal of the Indictme...
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MEMORANDUM OPINION Plaintiffs, Harish and Indira Pal, filed this legal malpractice action against defendants, Gary Sinclair (“Sinclair”) and Swift,, Popuch & Sinclair (“Swift”) on March 27, 1998. Plaintiffs, New York residents, are former clients of defendants, who represented plaintiffs in proceedings before the United States District Court in the Northern District of Illi...
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OPINION Plaintiff, Everett Stembridge, an African-American male, brought this employment discrimination suit against his former employer, the New York City Department of Transportation (“DOT”) and the City of New York, pursuant to Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq. (“Title VII”). He alleged discrimination based on race and/or na...
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MEMORANDUM OPINION AND ORDER Plaintiffs Range Road Music, Inc. (“Range Road”), Jerry Leiber and Mike Stoller move for reconsideration pursuant to Local Civil Rule 6.3 of this Court’s denial of their motion for summary judgment, or in the alternative, for a preliminary injunction pursuant to Rule 65(a) of the Federal Rules of Civil Procedure enjoining defendants from continued exploitation of th...
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MEMORANDUM DECISION Plaintiff, who is Chief Legal Counsel for the State of Connecticut Department of Environmental Protection, has sued her superiors in that Department, claiming *141 that, acting under color of state law, they deprived her of her First Amendment rights to free speech and to seek judicial redress without retaliation, in violation of 42 U.S.C. § 1983, in c...
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Memorandum Decision Plaintiff, Michele Duprey, on behalf of herself and all others similarly situated, has challenged the State of Connecticut’s imposition of a $5.00 fee for removable windshield placards that permit holders of the placards to use parking spaces reserved for persons with disabilities. See Conn. Gen.Stat. § 14-253a. In an earlier ruling on cross-motions for summary judgment, thi...
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MEMORANDUM DECISION In this employment discrimination case, plaintiff has asserted claims for age, gender, and national origin discrimination under the Federal and State anti-discrimination statutes, as well as the usual laundry list of pendent state claims. Pending before the Court is defendant’s motion to dismiss counts seven and eight, which are claims for breach of contract and ne...
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*297 OPINION In this putative class action, plaintiffs allege that defendants, PRT Group, Inc. (“PRT”), an information technology (“IT”) services company, and certain of its directors, officers, and shareholders, disseminated false and misleading information in the prospectus and registration statement issued in connection with a November 1997 initial public offering (“IPO”),...
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MEMORANDUM AND ORDER This matter comes before the Court on defendant United States Department of Commerce’s (“DOC” or “Commerce Department”) motion for partial summary *11 judgment with respect to documents withheld under Exemption 5 of the Freedom of Information Act (“FOIA”). 5 U.S.C. § 552(b)(1999). On December 22, 1999, the Court deferred ruling on defendant’s motion r...
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88 F. Supp. 2d 870 (2000) YOURNETDATING, LLC, an Illinois liability company Plaintiff, v. Scott MITCHELL and Webscapades, Inc., an Illinois corporation Defendants. No. 00 C 1187. United States District Court, N.D. Illinois, Eastern Division. March 1, 2000. Norman Terry Finkel, William R. Klein, Matthew Edward Hess, Young, Rosen, Dolgin & Finkel, Ltd., Chicago, IL, for Plaintiffs. Alan R. Borl...
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RULING AND ORDER Based upon the evidence and arguments provided to the Court by the parties both in writing and at the summary judgment hearing, 1 the Court makes the following findings of fact: 1. The plaintiff, Hilario Sanchez (hereinafter the “plaintiff’) is employed as a firefighter for the City of Hartford. *211 2. The defendants Denise Napier, Kathleen Palm and Shelley Sheppard,...
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82 F. Supp. 2d 817 (2000) Peter CHANG, Plaintiff, v. TENNESSEE VALLEY AUTHORITY, Defendant. Nos. 3:99-MC-29, 3:99-MC-37. United States District Court, E.D. Tennessee, at Knoxville. January 21, 2000. *818 W. Thomas Dillard, Ritchie, Fels & Dillard, PC, Knoxville, TN, for Peter S. Chang, plaintiff. Thomas F. Fine, Barbara S. Maxwell, Jane P. Farris, Tennessee Valley Authority, Office of General...
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RULING ON MOTION TO DISMISS The plaintiff, Dennis Philbrick (“Phil-brick”), brings this action against the defendant, the University of Connecticut (“UConn”), alleging violation of the Family Medical Leave Act, 29 U.S.C. §§ 2601-2654 (“FMLA”), breach of the covenant of good faith and fair dealing, and defamation of character. Now pending before the court is UConn’s motion to dism...
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89 F. Supp. 2d 180 (2000) Julio E. RUIZ TROCHE, et al., Plaintiffs v. PEPSI COLA OF PUERTO RICO BOTTLING COMPANY, et al., Defendants. Jose D. Rivera Concepcion, et al., Plaintiffs, v. Pepsi Cola of Puerto Rico Bottling Company, et al., Defendants Manuela Vazquez Ortiz, et al., Plaintiffs, v. Pepsi Cola of Puerto Rico Bottling Company, et al., Defendants. Nos. CIV. 93-2329(RLA), CIV. 93-2331(RLA),...
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111 F. Supp. 2d 85 (2000) UNITED STATES of America v. Andrew D. TEMPELMAN, et al. No. Civ. 98-697-B. United States District Court, D. New Hampshire. March 21, 2000. *86 David L. Broerick, U.S. Attorney's Office, Concord, NH, John V. Cardone, U.S. Dept. of Justice Tax Division, Washington, DC, for Plaintiff. Andrew Tempelman, Milford, NH, Pro se. Priscilla Tempelman, Milford, NH, Pro se. *87 MEM...
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109 F. Supp. 2d 1038 (2000) CONTIMORTGAGE CORP., Plaintiff, v. UNITED STATES of America, Gunther A. Schaaf, and Sandra Ondov Schaaf, Defendants. No. CIV. 98-1389 (DWF/AJB). United States District Court, D. Minnesota. March 2, 2000. *1039 *1040 Steven H. Bruns, Esther E. McGinnis, Peterson Fram & Bergman, St. Paul, MN, for Plaintiff. Daniel R. Conrad, United States Department of Justice, Ben F...
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MEMORANDUM AND ORDER I.Introduction This case presents an intellectual property dispute between two manufacturers of surgical masks used in emergency resuscitation. It grew out of a trademark proceeding originally instituted by Life Corp. (“Life”) against Carefree Trading, Inc. (“Carefree”), challenging Carefree’s use of the trademark LIFE MASK. The Trademark Trial and Appeal...
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MEMORANDUM AND ORDER Plaintiff Katrina Mack (“Plaintiff” or “Mack”) and four potential intervenors (“Plaintiffs”) seek to represent a class of women subjected to strip-searches and visual body cavity inspections during pre-arraignment detention at the Suffolk County jail. The searches were not episodic. They were conducted pursuant to an official policy of the Suffolk County Sheriff’s office. The...
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ORDER Claire Straughn brings this action against her Employer, Delta Airlines and its agent, ESIS, seeking damages for alleged acts of gender and racial discrimination. She also raises state law claims for wrongful termination, breach of contract, and defamation. Delta has moved for summary judgment as to all counts against it, denying any wrongful conduct and claiming that it is enti...
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ORDER REQUIRING PRETRIAL DETENTION THIS CAUSE is before the Court upon the United States’ appeal of United States Magistrate Judge William C. Turnoff’s March 5, 2000 order modifying the conditions of Defendant Javier Rivera’s bond. For the reasons set forth below, the Court finds that pretrial detention is mandated in this case. Accordingly, Magistrate Judge Turnoff’s prior orders set...
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82 F. Supp. 2d 1174 (2000) BRANDON H., By and Through his guardians, RICHARD H. and Marla H., Plaintiff, v. KENNEWICK SCHOOL DISTRICT NO. 17, a municipal Washington corporation; Terry Bergeson, Washington State Superintendent of Public Instruction; Paul Rosier, Kathy Daily, Ed Frost, Dan Mildon, Lynn Fielding, Phyllis Busch, Kerri Julian, Sharon Morrison-Smith, Ruth Meneke, Joelle Sumner, and Jac...
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88 F. Supp. 2d 431 (2000) UNITED STATES of America, Plaintiff, v. Richard M. SCHLESINGER, et al., Defendants. No. Civ. AMD 98-891. United States District Court, D. Maryland. March 10, 2000. *432 *433 *434 Lynne A. Battaglia, United States Attorney, Perry F. Sekus, Assistant United States Attorney, Baltimore, MD, for plaintiff. Gregg L. Bernstein, Gerard P. Martin, Steven F. Wrobel, Martin, Snyder...
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CONCLUSIONS OF LAW The United States, nineteen individual states, and the District of Columbia (“the plaintiffs”) bring these consolidated civil enforcement actions against defendant Microsoft Corporation (“Microsoft”) under the Sherman Antitrust Act, 15 U.S.C. §§ 1 and 2. The plaintiffs charge, in essence, that Microsoft has waged an unlawful campaign in defense of its monopoly posit...
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88 F. Supp. 2d 640 (2000) J. Randolph LIPSCOMB, et al., Plaintiffs, v. The COLUMBUS MUNICIPAL SEPARATE SCHOOL DISTRICT, et al., Defendants. No. 1:92CV020-S-D. United States District Court, N.D. Mississippi, Eastern Division. March 22, 2000. Hunter M. Gholson, Dewitt T. Hicks, Jr., Gholson, Hicks & Nichols, Columbus, MS, Joseph Randolph Lipscomb, Columbus, MS, Luther T. Munford, Phelps Dunbar,...
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82 F. Supp. 2d 1006 (1999) Kenneth B. SMITH, et al., Plaintiffs, v. TORCHMARK CORPORATION, et al., Defendants. No. 95-3304-CV-S-RGC. United States District Court, W.D. Missouri, Southern Division. December 14, 1999. Order Denying Reconsideration January 21, 2000. Kenneth B. McClain, II, Humphrey, Farrington & McClain, P.C., Independence, *1007 MO, Gregory A. Leyh, Kansas City, MO, for plainti...
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94 F. Supp. 2d 597 (2000) BERWIND CORPORATION v. Kenneth S. APFEL, United Mine Workers of America Combined Benefit Fund, Michael H. Holland, William P. Hobgood, Marty D. Hudson, Thomas O.S. Rand, Elliot A. Segal, Carl E. Van Horn, Gail R. Wilensky, as Trustees of the United Mine Workers of America Combined Benefit Fund, the United States of America, the United Mine Workers of America 1992 Benefit...
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*283 MEMORANDUM-DECISION AND ORDER I. INTRODUCTION Plaintiff, Timothy Degonzague (“Dego-nzague” or “plaintiff’), commenced the instant action, alleging the defendant, Weiss, Neuren & Neuren (“Weiss” or “defendant”), violated the Fair Debt Collections Practices Act, 15 U.S.C. §§ 1692-1692o (“FDCPA”). Plaintiff now moves for summary judgment, pursuant to Fed.R.Civ. 56....
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MEMORANDUM-DECISION and ORDER I. INTRODUCTION Plaintiff Nathan Fields (“plaintiff’ or “Fields”) brought this action alleging retaliatory race discrimination in his employment. The complaint, filed on December 18, 1997, alleges causes of action pursuant to Title VII of the Civil Rights Act of 1964, as amended; 42 U.S.C. §§ 1981, 1983, 1985; and the New York State Human Rights Law,...
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MEMORANDUM-DECISION AND ORDER I. INTRODUCTION The defendants, Trustees of the New York Hospital Association of New York State Group Insurance Trust (“HANYS”) and Albany Medical College and Albany Medical Center (collectively referred to as “AMC”), have each moved to dismiss for failure to state a claim upon which relief can be granted, pursuant to Fed.R.Civ.P. 12(b)(6) or...
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MEMORANDUM Plaintiff Children’s Hospital of Philadelphia (CHOP) brings this action against defendants Independence Blue Cross (IBC), a nonprofit hospital plan corporation, and various IBC affiliates. In the complaint CHOP alleges that defendants violated the Lanham Act by using CHOP’S *631 name in promoting their health insurance products after the expiration of the 1996 ...
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MEMORANDUM OPINION THIS MATTER comes before the Court on Defendants’ Motion to Dismiss Plaintiff Brien A. Roche’s five-count Complaint pursuant to Federal Rules of Civil Procedure (“FRCP”) 12(b)(2) and 12(b)(6) for lack of in personam jurisdiction and failure to state a claim. The issue before the Court is whether a Virginia court may assert personal jurisdiction over Defendants based...
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91 F. Supp. 2d 788 (2000) Gregory FOGLEMAN, Plaintiff, v. MERCY HOSPITAL, INC., Defendant. No. 4:CV-98-1746. United States District Court, M.D. Pennsylvania. March 29, 2000. *789 Donald C. Oschal, Elizabeth C. Leo, Rosenn, Jenkins & Greenwald, Wilkes Barre, PA, for plaintiff. Joseph A. O'Brien, Oliver Price & Rhodes, Scranton, PA, for defendant. MEMORANDUM McCLURE, District Judge. BACKG...
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MEMORANDUM ORDER On June 11, 1998, then-Chief Judge Griesa, to whom the case was previously assigned, dismissed the complaint with leave to plaintiff to re-plead only the claim that officials of the Metropolitan Correctional Center (“MCC”) intentionally delayed plaintiffs access to certain legal materials during the course of his then- *627 pending civil suit against the New York Department...
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*364 MEMORANDUM ORDER The Complaint herein alleges employment discrimination under Title VII of the Civil Rights Act of 1964, under 42 U.S.C. § 1981, and under the New York State and New York City Human Rights Laws. Shortly after commencement of the action, defendant moved to dismiss. 1 On August 31, 1999, the Honorable Ronald L. Ellis, United States Magistrate Jud...
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MEMORANDUM ORDER In a thorough and thoughtful Report and Recommendation, Magistrate Judge Dolinger has recommended that defendants’ motion for summary judgment be granted as to all claims against John Mul-vehill. He has recommended that the motion be granted as to all claims against Urban Mulvehill except the portion of plaintiffs’ breach of fiduciary duty claim which alleges that Urb...
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OPINION This is a breach of contract suit arising out of an alleged failure to satisfy the obligations of a letter of intent. Plaintiffs Hyman Gorodensky, H&H Warehousing Co. (“H&H”), and the estate of Harold Murawnik attempted, unsuccessfully, to establish a venture to build a manufacturing plant, operate the plant, and sell its output. Plaintiffs claim that defendant Mitsubishi Pulp...
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ORDER AND OPINION This is a personal injury action brought under the Longshore and Harbor Workers’ Compensation Act (“LHWCA”), 33 U.S.C. § 901 et seq. Presently before the Court are two motions for summary judgment. The first motion is that of defendant and third-party plaintiff Lykes Brothers Tort Claims Trust (“Lykes”) for partial summary judgment against Plaintiff Donald...
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MEMORANDUM OPINION Petitioner Derrick Morgan is before this Court on a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. In a report and recommendation dated January 6, 2000 (“Report and Recommendation”), Magistrate Judge Michael H. Dolinger recommended that the Court deny Morgan’s petition. Petitioner has filed objections to the Report and Recommendation, which the Court o...
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MEMORANDUM AND ORDER A jury found by a preponderance of the evidence that a defectively designed product of defendant Innovasive Devices, Inc. (“Innovasive”) was a substantial factor in causing harm suffered by plaintiff, Scott Zemaitatis. The verdict awarded Zemaita-tis was $47,000 in medical expenses and $250,000 for pain and suffering. Innova-sive, moving for judgment as a matter of law, a...
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MEMORANDUM OPINION AND ORDER Plaintiff The Jewish Home and Hospital for Aged (“Jewish Home”) brings the instant action against Defendant Brian J. Wing, Commissioner of the Department of Social Services (“defendant” or “DSS”), to enforce rights to Medicare reimbursement granted by this Court in a previous action, The Jewish Home and Hospital for Aged v. Wing, 954 F.Supp. 96 (S.D...
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92 F.Supp.2d 1310 (2000) EYE CARE INTERNATIONAL, INC., Plaintiff/Counter-Defendant, v. David UNDERHILL, aka David R. Underhill, Defendant/Counter-Plaintiff. No. 8:99-CV-1568-T-17E. United States District Court, M.D. Florida, Tampa Division. March 31, 2000. *1311 Kevin Hackett O'Neill, Cheffy Passidomo Wilson & Johnson, Naples, FL, for Eye Care International, Inc., plaintiff. Karen E. Maller, ...
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REVISED MEMORANDUM AND ORDER Plaintiff pro se Fernando Commodari, Ph.D. (“Dr. Commodari”) originally brought this hybrid Labor Management Relations Act § 301/duty of fair representation action against defendants Long Island University (“LIU”) and the Long Island University Faculty Federation (the “Union”), alleging that he was terminated in violation both of the collective bargaining ...
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ORDER 1. By Order entered April 6, 1999, this Court referred this case to the Honorable Carol E. Heckman, United States Magistrate Judge. 2. On July 7, 1999, Defendant Gaines filed a motion to suppress. 3. On November 16, 1999, Magistrate Judge Heckman issued a Report and Recommendation concluding that Defendant’s motion to suppress be denied. 4. On November 30, 1999, Defendant filed Obje...
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ORDER Pro se plaintiff Algia Dockery commenced this action against defendants to “dismiss” a state court action in which a judgment of foreclosure and sale has been rendered and for punitive damages in the amount of $250,000 for fraud and mental distress. Defendants Greenpoint Savings Bank (“Greenpoint”), its attorneys Cullen and Dykman, Citibank N.A. (“Citibank”), and O.C.I. Mortg...
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DECISION AND ORDER Procedural Background In his complaint in this employment discrimination action, Gerald Needle (“Needle” or “plaintiff’), a former employee of defendant Ailing and Cory, Inc. (“Ailing & Cory” or “defendant”), alleges disability discrimination in violation of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. (“ADA”) (“First Count”...
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ORDER ON COUNTERDEFENDANTS’ EMERGENCY MOTION FOR CASE MANAGEMENT CONFERENCE THIS CAUSE is before the Court on Counterdefendants, Florida Software Systems, Inc., Receivable Dynamics, Inc., Nevada Communications Corporation, Norman R. Dobiesz, Maureen Donovan Dobiesz, and Stuart M. Lopata’s, Emergency Motion for Case Management Conference, (Dkt.874), filed on March 27, 2000. I. Background P...
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OPINION John J. Gargan and Pat Choate each claim to be the Chair of the Reform Party of the United States of America (hereinafter “Reform Party” or “Party”). Gargan and his ally Ronn Young were elected National Party Chair and Treasurer, respectively, at a National Convention in Dearborn, Michigan in July, 1999 (hereinafter “Dearborn Convention”). Choate claims to be the National Party Chair ...
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MEMORANDUM AND ORDER The United States brings this in rem action, pursuant to the Federal Communications Act (“FCA”), 47 U.S.C. § 510, seeking forfeiture of radio transmission equipment it seized from Inglesia Pentecostal El Fin Se Acera, Inc., a Pentacostal church in the Bronx, New York (“the Church”). The Government alleges that the defendants were using the seized equipm...
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91 F. Supp. 2d 1215 (2000) Susan E. HESS, Plaintiff, v. HARTFORD LIFE AND ACCIDENT INSURANCE COMPANY and Fleet Financial Group, Inc., Defendants. No. 97-2051. United States District Court, C.D. Illinois, Danville/Urbana Division. March 22, 2000. *1216 *1217 Glenn A. Stanko, Rawles, O'Byrne, Stanko & Kepley, Champaign, IL, for plaintiff. Peter R. Bulmer, Jackson, Lewis, Schnitzler & Krupma...
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89 F. Supp. 2d 1311 (2000) Bernadette SCELTA, Plaintiff, v. DELICATESSEN SUPPORT SERVICES, INC., Boar's Head Provisions Co., Inc., and Robert S. Martin, Defendants. No. 8:98-CV-2578-T-17B. United States District Court, M.D. Florida, Tampa Division. March 9, 2000. Order Denying Reconsideration March 27, 2000. *1312 David P. Montgomery, The Montgomery & Walch Law Firm, Bradenton, FL, for Bernad...
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OPINION Plaintiff Best Cellars, Inc. (“Best Cellars”) has moved for a preliminary injunction, pursuant to Rule 65, Fed.R.Civ.P., to enjoin defendants Grape Finds at Dupont, Inc. (“GFDI”), Grape Finds, Inc. (“GFI” and, together with GFDI, “Grape Finds”), H. Douglas Campbell III (“Campbell”), John B. Mazur (“Mazur”), Michael Green (“Green”), and Hornall Anderson Design Works, Inc. (“Hor...
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101 F. Supp. 2d 158 (2000) Henry HEREDIA, Plaintiff, v. TRANSPORT S.A.S., INC. and Mercurio Presenza, Defendants. No. 99 Civ. 12097(SAS). United States District Court, S.D. New York. March 30, 2000. Alex Muller, New York, NY, for Plaintiff. Richard J. Gallo, Morris, Duffy, Alonso & Faley, LLP, New York, NY, for Defendants. *159 OPINION AND ORDER SCHEINDLIN, District Judge. On December 16, ...
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OPINION AND ORDER Defendant Jason Robles is a New York State trooper who was found guilty of abridging the Fourth Amendment rights of plaintiff Matthew T. Whitton in a civil trial on June 24, 1999. Robles now moves pursuant to Fed.R.Civ.P. 50(b) for judgment as a matter of law as to Whitton’s Fourth Amendment claim of unreasonable search and seizure, or, in the alternative, for a new trial on...
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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 July 3, 1997. On February 10, 2000, Magistrate Judge Heckman filed a Report and Recommendation, recommending that defendants’ motion for summary judgment be granted in its entirety and the case dismissed. The Court has carefully reviewed the Report and Recommenda...
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ORDER On January 19, 1999 the plaintiff pro se filed a complaint alleging that the Depository Trust Company violated the Americans with Disability Act, 42 U.S.C. § 12112, et seq. in connection with her termination of employment on May 12, 1998. The plaintiffs complaint also contends that Local 153, Office and Profes *60 sional Employees International...
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ORDER Plaintiffs, both residents of New York, commenced this action for breach of an insurance contract in the Supreme Court for the State of New York, Kings County. On July 14, 1999, plaintiffs served the defendant Nationwide Mutual Insurance Company (“Nationwide”) pursuant to N.Y.Ins.Law § 1212 by serving the New York State Insurance Department with the summons and complaint. N.Y.Ins.Law § 12...
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MEMORANDUM OF DECISION AND ORDER Presently before the Court is the motion by Sunrise Development, Inc. (“Sunrise”), Dignity Home Care, Inc. (“Dignity”) and John Does 1-76 to intervene in this action. Sunrise seeks to construct, and Dignity seeks to manage, a congregate care facility on Deer Park Avenue in the Town of Huntington. In 1997, Sunrise entered into a purchase and sale agreement for the ...
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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 under the Social Security Act, and therefore, was not entitled to disability benefits. Both plaintiff and the Commissioner have moved for judgment on the pleadings pur...
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OPINION Plaintiffs commenced this action seeking indemnification under approximately 278 umbrella and excess policies of insurance for financial losses in excess of $593,118,-296.92, which plaintiffs incurred as a result of the settlement/satisfaction of nine civil suit judgements entered against Bessemer *600 & Lake Erie Railroad Company (“B & LE”) base...
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89 F. Supp. 2d 70 (2000) CHARLOTTE HOUSING FOR THE ELDERLY et al., Plaintiffs, v. Andrew CUOMO, Secretary of the United States Department of Housing and Urban Development and The United States Department of Housing and Urban Development, Defendants. No. Civ.A. 98-0217 (JHG). United States District Court, District of Columbia. March 21, 2000. Harry J. Kelly, III, Nixon Peabody, L.L.P., Washington,...
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ORDER On August 13, 1998, Plaintiff, Dan Long, filed a Complaint (# 1) against Defendant, Illinois Municipal Electric Agency (IMEA). Long alleged that he was entitled to damages pursuant to 42 U-S.C. § 1983 because *183 he had a property interest in continued employment with IMEA and he was terminated in violation of his procedural due process rights. Long also claimed th...
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MEMORANDUM The basis for this conspiracy to commit mail fraud and mail fraud prosecution is the alleged willful under-reporting to governmental agencies of municipal waste received by Empire Sanitary Landfill, Inc. (“Empire”) over a period of about seven years. The indictment charges that defendants Renato P. Mariani (Empire’s President), Michael L. Serafini (Empire’s Assistant Secret...
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88 F. Supp. 2d 775 (2000) Joseph E. PUERTAS, Petitioner, v. MICHIGAN DEPARTMENT OF CORRECTIONS, Oakland County Sheriff's Department, and Custodian of Joseph E. Puertas, Respondents. No. Civ.A. 00-40102. United States District Court, E.D. Michigan, Southern Division. March 29, 2000. *776 Robyn B. Frankel, Bloomfield Hills, MI, for petitioner. William G. Pierson, Oakland County Corporation Counsel,...
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MEMORANDUM OPINION AND ORDER GRANTING DEFENDANTS MOTION FOR SUMMARY JUDGMENT OF NON-INFRINGEMENT Among the many motions before this Court is Defendant Symantec Corporation’s Motion for Summary Judgment of Non-Infringement filed September 14, 1999. For reasons stated below, this Court grants Defendant’s motion, dismisses this civil action, and denies all other pending motions without p...
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88 F. Supp. 2d 767 (2000) KMART CORPORATION, Plaintiff, v. FIREMAN'S FUND INSURANCE COMPANY, Defendant. No. Civ.A. 99-40144. United States District Court, E.D. Michigan, Southern Division. March 29, 2000. *768 Timothy D. Wittlinger, Clark Hill, Detroit, MI, for plaintiff. John Hayes, Lacey & Jones, Birmingham, MI, for defendant. MEMORANDUM OPINION AND ORDER GRANTING PLAINTIFF'S MOTION FOR SU...
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91 F. Supp. 2d 1087 (2000) Nancy LOZADA, Bob Warren, A.D. Christian and Jeanne Uwamaliya, on behalf of themselves and all other similarly situated, Plaintiffs, v. DALE BAKER OLDSMOBILE, INC., a Delaware corporation, d/b/a Dale Baker Kia, d/b/a Dale Baker Suzuki, d/b/a Fresh Start Auto Center, and d/b/a National Fleet Liquidators of Michigan; and CFC-Consumer Finance Corporation, f/k/a Consumer Fi...
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OPINION This matter comes before the court on defendant AmSouth Bank’s motion to reconsider an order remanding this case to the Circuit Court of Mobile County, Alabama. Plaintiff Marian Tipp opposes the motion. After carefully reviewing the law and considering the submissions of the parties, 1 the court concludes that it lacks jurisdiction to reconsider its remand order. ...
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MEMORANDUM Defendants West Chester University and Samuel Moore, Ph.D., moved to dismiss plaintiffs’ complaint for lack of subject matter jurisdiction and failure to state a claim. Fed.R.Civ.P. 12(b)(1) & (6). An order was entered granting in part and denying in part the motion. Order, October 28, 1999. Jurisdiction is federal question. 28 U.S.C. § 1332. This is an empl...
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88 F. Supp. 2d 1158 (2000) Kevin L. FULLER and Lee Williams, Plaintiffs, v. PEP BOYS — MANNY, MOE & JACK OF DELAWARE, INC., a Delaware corporation, Defendant. No. Civ.A. 00-B-132. United States District Court, D. Colorado. March 29, 2000. *1159 Todd J. McNamara, Denver, CO, for plaintiffs. Katherine J. Peck, Matt A. Meyer, Holme Roberts & Owen LLP, Denver, CO, for defendant. MEMORANDUM O...
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MEMORANDUM AND ORDER Edison Reynoso (“Petitioner”) petitions this Court for habeas corpus relief pursuant to 28 U.S.C. § 2254. For the following reasons, the petition is denied. I. INTRODUCTION On May 20, 1994, petitioner was convicted on two indictments of trafficking in two hundred (200) grams or more of cocaine. Petitioner was sentenced to fifteen (15) to twenty (...
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91 F.Supp.2d 1293 (2000) CARGILL INCORPORATED, Plaintiff, v. UNITED STATES of America, Defendant. No. 98-2036 JRT/FLN. United States District Court, D. Minnesota. March 29, 2000. *1294 Gerald A. Kafka, Dewey Ballantine, Washington, DC, for plaintiff. Gerald B. Leedom and Daniel R. Conrad, Attorneys, United States Department of Justice, Tax Division, Washington, DC, for defendant. MEMORANDUM OPIN...
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92 F.Supp.2d 918 (2000) Reggie WHITE, et al., Plaintiffs, v. NATIONAL FOOTBALL LEAGUE, et al., Defendants. No. 4-92-906 (DSD). United States District Court, D. Minnesota. March 30, 2000. *919 James W. Quinn, Jeffrey L. Kessler, Bruce S. Meyer, David G. Feher, Weil, Gotshal & Manges, New York City, Edward M. Glennon, Lindquist & Vennum, Minneapolis, MN, counsel for NFLPA. Gregg H. Levy, Ne...
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MEMORANDUM For the reasons set out in the accompanying Memorandum, Robert Glen Coe’s Petition for a Writ of Habeas Corpus is DENIED in all respects. The stay of execution issued by this court on March 22, 2000 is hereby lifted. Before the court is Robert Glen Coe’s Petition for Writ of Habeas Corpus (Docket No. 1), to which Respondent has filed an Answer (Docket No. 9)...
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88 F. Supp. 2d 1234 (2000) Jimmy HODGE, Parent and Next Friend of Jerry Hodge, a Minor, Plaintiff, v. S.T. LYND, Deputy Sheriff of Lea County, and John Gates, Sheriff of Lea County, acting in their official capacity with Lea County, New Mexico, Defendants. No. 98-Civ-1450-BB/JHG. United States District Court, D. New Mexico. March 14, 2000. *1235 *1236 C. Barry Crutchfield, Templeman & Crutchf...
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89 F. Supp. 2d 189 (2000) 56 ASSOCIATES, a Rhode Island Partnership By and Through its General Partner, Joseph R. PAOLINO, Sr., Plaintiffs. v. Andrew FRIEBAND and Benjamin Woodward, Defendants. No. 98-302T. United States District Court, D. Rhode Island. March 30, 2000. *190 Ralph T. Della Rosa, John G. Hines, Hines and Patz, Inc., Providence, RI, for plaintiffs. Faith A. LaSalle, Zizik, LaSalle &...
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91 F. Supp. 2d 117 (2000) INDEPENDENT PETROLEUM ASSOCIATION OF AMERICA, Plaintiff, v. Robert L. ARMSTRONG, et al., Defendant. American Petroleum Institute, Plaintiff, v. Bruce Babbitt, et al., Defendants. Nos. Civ. 98-00531 RCL, Civ. 98-00631 RCL. United States District Court, District of Columbia. March 28, 2000. *118 L. Poe Leggette, Nancy L. Pell, Glenn S. Benson, Fulbright & Jaworski, LLP...
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ORDER GRANTING DEFENDANT’S MOTION TO DISMISS Defendant, the Viejas Group Baron Long Capitan Grande Band of Digueno Mission Indians of the Viejas Group Reservation (“Viejas Group”), moves to dismiss plaintiffs’ suit for damages sustained when Jacquelin Barker-Hatch slipped and fell on a wet walkway on defendant’s property. Defendant argues that, as a federally-recognized Indian tribe, it i...
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MEMORANDUM OPINION Proceeding pro se, plaintiff brought suit challenging the decision of the Department of Justice to withhold a single document he had sought under the Freedom of Information Act, 5 U-S.C. § 552. The matter is currently before the Court on defendant’s motion to dismiss or for summary judgment. Because defendant filed a declaration along with its motion, the...
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*1160 ORDER (1) GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT AND/OR FOR SUMMARY ADJUDICATION (2) DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT RE: FIRST AND SIXTH CLAIMS FOR RELIEF I. Introduction Before the Court are two motions: (1) Plaintiffs Motion for Summary Judgment re: First and Sixth Claims for Relief, and (2) Defendants’ Motion for Summary Judgment ...
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91 F. Supp. 2d 1301 (2000) Robert J. PROKOP, M.D., Plaintiff, v. UNITED STATES of America, acting By and Through the UNITED STATES DEPARTMENT OF AGRICULTURE and Farm Service Agency, Defendants. No. 4:97CV3395. United States District Court, D. Nebraska. March 29, 2000. *1302 Robert J. Prokop, M.D., Wilber, NE, plaintiff pro se. Sally R. Johnson, Assistant United States Attorney, Lincoln, NE, for d...
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OPINION Plaintiff, a Washington, D.C., law firm, filed this lawsuit to recover unpaid attorney’s fees from several California defend *17 ants. 1 Two of the defendants — Colleen Coffman (“Colleen”) and Coffman Specialties, Inc. (“Specialties”) — moved to dismiss for lack of personal jurisdiction. On September 30, 1998, the Court deferred consideration of that mo...
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MEMORANDUM OPINION This case involves plaintiffs’ challenge to the Secretary’s disallowance of Medicare reimbursements for costs incurred by thirteen Skilled Nursing Facilities to provide occupational therapy and speech therapy services to patients under arrangements with outside contractors in 1994. Currently pending before the Court are the parties’ cross-motions for summary judgmen...
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84 F.Supp.2d 1099 (2000) Hoang Manh NGUYEN; Nam Viet Nguyen; Ngoc Van Nguyen; Minh Nhat Phan, Petitioners, v. Adele FASANO, San Diego District Director, Immigration and Naturalization Service; Janet Reno, United States Attorney General, Respondents. No. 99-CV-1885-K(CGA). United States District Court, S.D. California. February 1, 2000. *1100 *1101 Gina L. Darvas, Darvas Chaula and Aguirre, San Di...
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94 F.Supp.2d 1273 (2000) Neville G. ANDERSON, Plaintiff, v. McALLISTER TOWING AND TRANSPORTATION COMPANY, INC., and Arabian Gulf Marine, Ltd., Defendants. No. Civ.A. 97-0011-RV-S. United States District Court, S.D. Alabama, Southern Division. March 17, 2000. Ross Diamond, III, Mobile, AL, for plaintiff. Thomas S. Rue, Joseph M. Allen, Jr., John R. Parker, Mobile, AL, for defendants. ORDER VOLLME...
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91 F.Supp.2d 1327 (2000) SANDISK CORPORATION, Plaintiff, v. LEXAR MEDIA, INC., Defendant. No. C 98-1115 CRB. United States District Court, N.D. California. March 28, 2000. *1328 *1329 Kenneth B. Wilson, James C. Yoon, Wilson Sonsini Goodrich & Rosati, Palo Alto, CA, for plaintiff. J. Thomas Rosch, Richard J. Mooney, Nicole E. Jaeger, Latham & Watkins, San Francisco, CA, Mark A. Flagel, Br...
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88 F. Supp. 2d 788 (2000) Richard A. BUTCHER, Thomas H. Johnson, James Thomas and Daniel J. Velkovich, individually and as Class Representatives, Plaintiffs, v. GERBER PRODUCTS COMPANY, Defendant. No. 1:98-CV-585. United States District Court, W.D. Michigan, Southern Division. March 30, 2000. *789 H. Rhett Pinsky, Pinsky, Smith, Fayette & Hulswit, Grand Rapids, MI, Richard N. Gray, Meyers, Te...
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OPINION This matter comes before the Court upon Plaintiff Conrad Chalick’s Motion to Amend the Complaint. Plaintiff seeks to replace a fictitiously-named John Doe defendant with Richard Burns, M.D., pursuant to Fed. R.Civ.P. 15(c). It is uncontested that the original complaint was filed within the limitations period, but the request to add Dr. Burns as a defendant was made after the limitations ...
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OPINION I. INTRODUCTION Presently before the court is the motion 1 of Claimant/Respondent Celeste Smith, for relief from the order of this court staying the claimant’s state court action pursuant to the Limitation of Liability Act, 46 U.S.C.App. § 181, et seq. (“the Act”). After having considered the submissions of the parties, the claimant’s motion for ...
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MEMORANDUM OPINION I. INTRODUCTION This is a product liability case in which the plaintiff, Ryan W. Poole (“Poole”), has sued Textron, Inc. (“Textron”) for alleged defects in a golf car, which resulted in serious injuries to him. The trial judge referred the undersigned all discovery disputes. By Memorandum and Order dated May 20, 1999, after a hearing, I granted plaintiffs three discovery moti...
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OPINION I. INTRODUCTION Presently before the court is the motion of the plaintiffs, Ethel and Robert Waugh, to compel the deposition of John Thomas Wynn, Esquire, Defendant Pathmark’s in-house counsel, and to compel the production of documents created by Mr. Wynn allegedly related to the remediation efforts of Defendant Pathmark relative to Plaintiff Ethel Waugh. After having reviewed the submiss...
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91 F. Supp. 2d 1182 (2000) Donna LESLIE, Plaintiff, v. Leonard LACY, et al., Defendants. No. C-2-99-313. United States District Court, S.D. Ohio, Eastern Division. March 29, 2000. *1183 *1184 Gary M. Smith, Southeastern Ohio Legal Services, New Philadelphia, OH, for Plaintiff Donna Leslie. Randall L. Lambert, D. Scott Bowling, Lambert & McWhorter, Ironton, OH, for Defendants Pike County, Ohio...
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OPINION AND ORDER This matter is before the Court for consideration of several motions, beginning with the motion of Nationwide Mutual Insurance Company (“Nationwide”) for judgment on the pleadings and/or partial summary judgment (Doc. 137); the motion of The Home Insurance Company (“Home”) to stay confirmation and vacatur proceedings pending final award or, alternatively, a stay pend...
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ORDER ON ATTORNEY’S FEES AND COSTS This Cause came before the Court upon Plaintiffs Amended Verified Motion for Attorney’s Fees and Costs, filed November 4, 1999 (DE#310). The Court has reviewed the pertinent portions of the file and is otherwise fully informed in the premises. I. Introduction “Let’s kick some ass,” Marvin Kurzban said loudly to his client, Anthony Lee, and his ...
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91 F. Supp. 2d 1316 (2000) Paul SCHNEIDER, et al., Plaintiffs, v. CALIFORNIA DEPARTMENT OF CORRECTIONS, et al., Defendants. No. C 96-1739 SI. United States District Court, N.D. California. March 22, 2000. *1317 *1318 Herman A.D. Franck, Franck & Associates, San Francisco, CA, Stephen T. Gargaro, Stephen T. Gargaro Law Offices, San Francisco, CA, Dan M. Himmelheber, San Mateo, CA, for Plaintif...
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91 F. Supp. 2d 893 (2000) Glen BISHOP, Plaintiff, v. Kenneth S. APFEL, Commissioner of Social Security, Defendant. No. 2:99CV00135. United States District Court, W.D. Virginia, Big Stone Gap Division. March 16, 2000. Lewey Keith Lee, Paul L. Phipps, Dawn Allison Mullins, Lee & Phipps, P.C., Wise, VA, for Plaintiff. John F. Corcoran, U.S. Attorney's Office, Roanoke, VA, for Defendant. OPINION...
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91 F. Supp. 2d 132 (2000) AMERICAN MOVING AND STORAGE ASSOC., INC., et al., Plaintiffs, v. UNITED STATES DEPARTMENT OF DEFENSE, Defendant. No. Civ.A.99-0727JLG. United States District Court, District of Columbia. March 29, 2000. *133 Thomas M. Auchincloss, Jr., Brian L. Troiano, Rea, Cross & Auchincloss, Washington, DC, for plaintiffs. Vincent M. Garvey, Glen Staszewski, Civil Division, U.S. ...
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94 F. Supp. 2d 26 (2000) In re VITAMINS ANTITRUST LITIGATION. This Document Relates To All Actions. No. 99-197 TFH. United States District Court, District of Columbia. March 27, 2000. *27 MEMORANDUM OPINION — Re: Personal Jurisdiction THOMAS F. HOGAN, District Judge. Pending before the Court are the motions of defendants Rhone-Poulenc S.A. ("RPSA"), BASF Aktiengesellschaft ("BASF AG"), and F. ...
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89 F. Supp. 2d 748 (2000) Cynthia LAMBERT, Plaintiff, v. Kenneth S. APFEL, Commissioner of Social Security, Defendant. No. 2:98CV00023. United States District Court, W.D. Virginia, Big Stone Gap Division. March 16, 2000. *749 Robert B. Hines, II, Montgomery, Hines & Fugate, Jonesville, VA, for Plaintiff. John F. Corcoran, U.S. Attorney's Office, Roanoke, VA, for Defendant. OPINION JONES, Dis...
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89 F. Supp. 2d 12 (2000) Semainesh TEWELDE, Plaintiff, v. Madeleine K. ALBRIGHT, Secretary of State, et at. Defendant. No. CIV.A. 98-2872 RCL. United States District Court, District of Columbia. March 8, 2000. *13 *14 David H. Shapiro, Swick & Shapiro, Washington, DC, for Plaintiff. Mark E. Nagle, Wilma Antoinette Lewis, Scott Sutherland Harris, U.S. Attorney's Office, Washington, DC, Thomas ...
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MEMORANDUM OPINION Pending are third-party intervenors Sheila Gant’s, and Shelton, Angel, Jean, and Dorothy Wade’s Petition for Payment of Attorney’s Fees and Expenses pursuant to 28 U.S.C. § 2412(d) of the Equal Access to Justice Act (“EAJA”) and the Hyde Amendment, Pub.L. No. 105-119, 111 Stat. 2440, 2519 (1997), to which the Government has filed its Response in Opposition. Having carefully...
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92 F.Supp.2d 1285 (2000) Essie MATTHEWS, et al., Plaintiffs, v. FLEETWOOD HOMES OF GEORGIA, et al., Defendants. No. CA 00-0057-CB-C.[1] United States District Court, S.D. Alabama, Northern Division. March 22, 2000. *1286 Garve Ivey Jr., Ivey & Ragsdale, Jasper, AL, for Essie Matthews. Allison Shelley, Ivey & Ragsdale, Jasper, AL, for Mareclla Matthews. Michael L. White, Montgomery, AL, fo...
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92 F.Supp.2d 1269 (2000) Benjamin DANIELS, Plaintiff, v. Kenneth S. APFEL, Commissioner of Social Security, Defendant. Civil Action No. 98-0598-P-G. United States District Court, S.D. Alabama, Southern Division. March 22, 2000. *1270 *1271 Rose A. McPhillips, Mobile, AL, for plaintiff. Patricia Nicole Beyer, U.S. Attorney's Office, Mobile, AL, for defendant. ORDER MODIFYING AND ADOPTING THE REPO...
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91 F. Supp. 2d 1106 (2000) CHINA TIRE HOLDINGS LIMITED, Plaintiff, v. GOODYEAR TIRE AND RUBBER COMPANY, et al., Defendants. No. 5:99-CV-3163. United States District Court, N.D. Ohio, Eastern Division. March 3, 2000. *1107 Joshua B Nathanson, Mark B Cohn, McCarthy, Lebit, Crystal & Haiman, Cleveland, OH, Peter J McNulty, Los Angeles, CA, for China Tire Holdings Limited, Plaintiffs. Charles A G...
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OPINION REGARDING TESTIMONY OF RULE 35 EXAMINER A pretrial conference was held in the above-entitled matter on January 28, 2000. Plaintiff was represented by Jeffry K. Finer and Shawn D. Price-Sladich and Defendant by Jon Floyd, their respective attorneys of record. At the hearing, the Court reserved ruling regarding Plaintiffs exhibit numbers 034 and 035 and the testimony of Dr. Ronald Klein pen...
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OPINION AND ORDER Pro se plaintiff Sammy Santiago brings this 42 U.S.C. § 1983 action alleging deprivation of his Eighth Amendment rights while he was a pre-trial detainee under defendants’ supervision. Defendants move for summary judgment pursuant to Fed. R.Civ.P. 56(e). For the reasons stated herein, defendants’ motion is granted. *668 BACKGROUND Plaint...
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OPINION Defendant Asia Insurance Company, Ltd. (“Asia”) moves to dismiss the amended complaint (“complaint”) of plaintiffs Shaheen Sports, Inc. (“Shaheen”) and Tajmahal Sports Company (“Tajmahal”) for lack of jurisdiction over defendant pursuant to Rule 12(b)(2), F.R. Civ. P., insufficiency of service of process pursuant to Rule 12(b)(5), F.R. Civ. P., and on the ground of forum non c...
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OPINION AND ORDER Plaintiff Dennis Joslin appeals from a judgment of the United States Bankruptcy Court for the Southern District of New York, John J. Connelly, Judge, denying plaintiffs motion for an extension of time in which to file a notice of appeal. Plaintiff contends that his late filing was justified by “excusable neglect.” On appeal, plaintiff claims the Bankruptcy Court erred by fai...
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OPINION AND ORDER Before the Court is Defendant Forest Laboratories, Inc.’s motion for summary judgment. Forest is a Delaware corporation engaged in the manufacturing of pharmaceutical products. Up until 1997 it owned a facility in Puerto Rico known as Sein Mendez Laboratories. Plaintiffs Domingo Velázquez Casillas (“Velázquez”), Carlos Matías Maldonado, Luis Pérez Aviles, Rafael Rodrigue...
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MEMORANDUM OPINION This suit involves a statutory and constitutional challenge to the creation and enforcement of a regulation governing expressive activity in the area immediately around the United States Capitol. The parties have cross-moved for summary judgment with respect to the validity of the regulation. Because I find that the regulation is reasonably related to the purpose of...
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ORDER The instant federal securities litigation is presently before the court on Defendants’ opposed motion to dismiss the consolidated amended class action complaint (“complaint”). The instant complaint was filed on behalf of open market purchasers (Plaintiffs) of the common stock of World Access, Inc. (“WAX”) during the period April 29, 1997 through February 11, 1999 (the “clas...
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89 F. Supp. 2d 1066 (2000) Richard SCOTT, Plaintiff, v. Kenneth S. APFEL, Commissioner of Social Security, Defendant. No. C 98-4098-MWB. United States District Court, N.D. Iowa, Western Division. March 30, 2000. Ruth M. Carter, Carter & Tiefenthaler, P.C., Sioux City, IA, for Plaintiff. *1067 Martha A. Fagg, Asst. U.S. Atty., Sioux City, IA, Frank V. Smith III, Chief Counsel, Region VII, Soci...
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120 F. Supp. 2d 503 (2000) UNITED STATES of America, Plaintiff, v. Marvin PESSES, et al., Defendants. No. Civ.A. 90-654. United States District Court, W.D. Pennsylvania. March 21, 2000. Robert L. Eberhardt, United States Attorney's Office, Pittsburgh, PA, Robert C. Goodman, United States Department of Justice, Environment & Natural Resources Division, Carl Strass, United States Department of ...
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92 F. Supp. 2d 993 (2000) Samuel Lee JOHNSON, Plaintiff, v. Janet RENO, in her official capacity as Attorney General; United States Department of Justice; Bureau of Alcohol, Tobacco and Firearms; John W. Magaw, in his official capacity as Director (ATF); Drug Enforcement Agency; Donnie R. Marshall in his official capacity as Acting Administrator (DEA); Immigration and Naturalization Service; Dori...
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MEMORANDUM AND ORDER Defendant foreign airline moves to dismiss plaintiff passengers’ personal injury claims for lack of subject matter jurisdiction under the Warsaw Convention. Background Plaintiffs (the “Singhs”) are citizens of India admitted to the United States for permanent residence, who reside in Queens, New York. In or about May 1998, Resham Jeet Singh’s father purchased three ti...
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88 F.Supp.2d 1087 (2000) SAN FRANCISCO BASEBALL ASSOCIATES L.P., A/K/A San Francisco Giants, Plaintiff, v. UNITED STATES of America, Defendant. No. C-99-0968 SC. United States District Court, N.D. California. March 3, 2000. *1088 Mark Reagan, Iona Petrou, James Huston, Elizabeth Idleman, Foley & Lardner, San Francisco, CA, for plaintiff. U.S. Attorney's Office, Jay R. Weill, Assistant U.S. At...
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91 F. Supp. 2d 1337 (2000) Guido A. PRONSOLINO and Betty J. Pronsolino as Trustees for the Guido A. Pronsolino and Betty J. Pronsolino Trust, the Mendocino County Farm Bureau, the California Farm Bureau Federation, and the American Farm Bureau Federation, Plaintiffs, v. Felicia MARCUS, Regional Administrator, United States Environmental Protection Agency Region 9, Carol M. Browner, Administrator,...
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91 F.Supp.2d 814 (2000) UNITED STATES of America v. Ralph GIOVINETTI, Defendant. No. Crim.A. 98-468. United States District Court, E.D. Pennsylvania. April 4, 2000. *815 Eric Bentley, U.S. Attorney's Office, Philadelphia, PA, for plaintiff. Louis T. Savino, Philadelphia, PA, for defendant. FINDINGS OF FACT AND CONCLUSIONS OF LAW KATZ, Senior District Judge. Ralph Giovinetti was convicted of one ...
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91 F.Supp.2d 820 (2000) Robin PARKER v. OFFICE OF SERVICEMEMBERS' GROUP LIFE INSURANCE, et al. No. CIV. A. 99-6158. United States District Court, E.D. Pennsylvania. April 6, 2000. *821 Frank S. Nofer, Kelly, McLaughlin & Foster, Philadelphia, PA, for Plaintiff. Andrew J. Soven, Reed, Smith, Shaw and McClay, Philadelphia, PA, for Defendants. MEMORANDUM BARTLE, District Judge. This action invo...
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91 F. Supp. 2d 1061 (2000) Olympic ARMS; Calico Light Weapons Systems; D.C. Engineering, Inc.; Ammo Dump; and Glenn Duncan, Plaintiffs, v. John W. MAGAW, Director, Bureau of Alcohol, Tobacco and Firearms; and United States of America, Defendants. No. 95-CV-76357-DT. United States District Court, E.D. Michigan, Southern Division. March 31, 2000. *1062 *1063 *1064 Gerald W. Pergande, Pergande &...
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92 F. Supp. 2d 704 (2000) UNITED STATES of America, Plaintiff, v. Eddie CANTRELL, et al., Defendants. Nos. C-1-97-981, C-1-98-247. United States District Court, S.D. Ohio, Western Division. March 23, 2000. *705 Lois J. Schiffer, U.S. Dept. of Justice, Environmental Enforcement Section, *706 Washington, DC, Gerald Francis Kaminski, U.S. Attorney, Cincinnati, OH, for U.S., plaintiff. Christopher Ri...
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92 F. Supp. 2d 718 (2000) UNITED STATES of America, Plaintiff, v. Eddie CANTRELL, et al., Defendants. Nos. C-1-97-981, C-1-98-247. United States District Court, S.D. Ohio, Western Division. March 23, 2000. *719 Lois J. Schiffer, U.S. Dept. of Justice, Environ. Enforcement Section, Washington, DC, for plaintiff. Christopher Richard Schraff, Porter, Wright, Morris & Arthur, Columbus, OH, for Ma...
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92 F.Supp.2d 1296 (2000) LOGGERHEAD TURTLE (Caretta caretta), Green Turtle (Chelonia mydas), Leatherback Turtle (Dermochelys coriacea), Shirley Reynolds and Rita Alexander, Plaintiffs, v. The COUNTY COUNCIL OF VOLUSIA COUNTY, FLORIDA, a political subdivision of the State of Florida and Bruce Babbitt, in his official capacity as Secretary of the United States Department of the Interior, an agency ...
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MEMORANDUM ORDER DENYING DEFENDANT’S MOTION FOR JUDGMENT AS A MATTER OF LAW AND GRANTING DEFENDANT’S MOTION FOR REMITTI-TUR OF THE JURY AWARD OR, IN THE ALTERNATIVE, A NEW TRIAL. Plaintiff, Eugene Kelleher, brought suit under 42 U.S.C. § 1983 for damages he sustained as a result of a strip search conducted by the Defendant, Denzil Fear-on, a New York State Trooper. The case was tried to a...
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OPINION AND ORDER Plaintiff Corinne Wahlstrom brings this action, alleging that she was verbally and physically assaulted by a fellow employee, defendant William Chapman (“Chapman”). Plaintiff seeks relief against her employer, defendant Metro-North Commuter Railroad Company(“Metro-North”), under the Federal Employers’ Liability Act, as amended, 45 U.S.C. § 51 et seq. (“FEL...
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91 F. Supp. 2d 817 (2000) Zulay RENDON, Individually and as parent and natural guardian of Karina Garcia, a minor, v. UNITED STATES of America, et al. No. CIV. A. 99-5912. United States District Court, E.D. Pennsylvania. April 4, 2000. John J. Speicher, Rhoda, Stoudt, Bradley, Reading, PA, for plaintiff. James G. Sheehan, Annetta Foster, Givhan, U.S. Attorney's Office, Philadelphia, *818 PA, for ...
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Opinion I. The Matter Pending for Decision Pending for decision after oral argument is the following motion: Defendants’ Motion to Dismiss (Docket No. 14, filed January 18, 2000) with Memorandum in Support (Docket No. 15, filed January 18, 2000). Plaintiff has filed Plaintiff Thomas Kern’s Objection to Defendants’ Motion to Dismiss (Docket No. 16, filed February 16, 2000). ...
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MEMORANDUM AND ORDER I. INTRODUCTION On November 23, 1983, George C. Davis (“Davis”), a former attorney, filed this petition for a writ of habeas corpus. 1 He alleges that his 1978 convictions in Suffolk Superior Court, for conspiracy to commit arson and conspiracy to commit arson with intent to defraud an insurer, were the result of an unfair trial. Specifically, he a...
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94 F. Supp. 2d 146 (2000) John M. McCAMBRIDGE, Petitioner, v. Timothy HALL, Superintendent, Respondent. No. Civ.A. 99-10259 WGY. United States District Court, D. Massachusetts. March 29, 2000. *147 *148 John M. McCambridge, MCI Norfolk, Norfolk, MA, pro se petitioner. Cathryn A. Neaves, Attorney General's Office, Boston, MA, for Timothy Hall, Superintendent, M.C.I. Norfolk, respondent. MEMORANDU...
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MEMORANDUM I. INTRODUCTION Plaintiff, Agora, Inc. (“Agora”), a Maryland corporation with its principal offices in Baltimore, has brought this diversity action against defendants Financial-Web.com, Inc. (“F.com”), F.com’s predecessor, Axxess, Inc., and its wholly-owned subsidiary, Stock Detective.com, Inc. The gravamen of Agora’s claim is its allegation that F.com, in a collection of ...
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88 F. Supp. 2d 1116 (2000) Juan MORENO, Plaintiff, v. G & M OIL CO., et al., Defendants. No. SA CV 99-668-GLT(JW). United States District Court, C.D. California, Southern Division. March 31, 2000. Mark D. Potter, Center for Disability Access, San Diego, CA, for Plaintiff. William McD Miller, Musick Peeler & Garrett, Los Angeles, CA, for Defendants. ORDER GRANTING IN PART PLAINTIFF'S MOTI...
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88 F. Supp. 2d 1376 (2000) Rodrigo MALLO, individually and on behalf of all others similarly situated, Plaintiff, v. THE PUBLIC HEALTH TRUST OF DADE COUNTY, FLORIDA, Defendant. No. 99-0064-CIV. United States District Court, S.D. Florida, Miami Division. March 31, 2000. Steven K. Hunter, Angones, Hunter & McClure, Angel Gimenez, Carillio, Gimenez & Carillo, Miami, FL, for Plaintiff. Jack P...
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88 F. Supp. 2d 360 (2000) Kevin KITCHNEFSKY et al., Plaintiffs, v. NATIONAL RENT-A-FENCE OF AMERICA, INC., et al., Defendants. No. CIV.A. 97-CV-1852SSB. United States District Court, D. New Jersey. March 31, 2000. *361 Allen Maitlin, Sachs, Maitlin, Fleming, Greene, Wilson & Marrote, West Orange, NJ, for Defendant/Third Party Plaintiff National Rent-A-Fence of America, National Construction R...
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MEMORANDUM AND ORDER Lamon Melvin Wallace pleaded guilty to one count of unlawful possession of a firearm by a convicted felon and one count of false statement in acquisition of a firearm. On June 8, 1995, this court imposed a sentence against Wallace which included a primary term of incarceration of 51 months (two counts running currently). The court also imposed two concurrent 3 year terms of...
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91 F.Supp.2d 1160 (2000) William GRATSCH, Plaintiffs, v. HAMILTON COUNTY SHERIFF'S DEPARTMENT, et al., Defendants. No. C-1-97-964. United States District Court, S.D. Ohio, Western Division. March 24, 2000. *1161 *1162 *1163 *1164 *1165 Marc David Mezibov, Sirkin Pinales Mezibov & Schwartz, Cincinnati, OH, Ted L Wills, Cincinnati, OH, for William R Gratsch, plaintiff. John Joseph Arnold, Hamil...
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ORDER Before the Court are defendant James Burnette’s Motion for Summary Judgment [Tab # 27] and defendants’, Martin, Mona-ghan, and Lamar County, Georgia, Motion for Summary Judgment [Tab # 30], Having carefully considered the motions, the related caselaw and statutes, and the file as a whole, the Court enters the following order. I. Facts The Plaintiff in this action is James Marshall M...
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MEMORANDUM ORDER AND DECISION GRANTING MOTIONS FOR SUMMARY JUDGMENT OF MIDDLE-TOWN AND ORANGE COUNTY DEFENDANTS AND GRANTING IN PART AND DENYING IN PART MOTIONS FOR SUMMARY JUDGMENT OF DEFENDANTS GILLESPIE AND LUCARELLI On the morning of February 14, 1998, officers of the Middletown Police Department were advised of a series of robberies that occurred during the night, and were further informed...
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OPINION Plaintiff Ralphe A. Armstrong (“Armstrong”) has moved, pursuant to Rule 56 of the Federal Rules of Civil Procedure, for summary judgment striking various affirmative defenses raised by the defendants in this action. In turn, defendants EMI Group, pic (“EMI Group”), Virgin Records Ltd. (“Virgin UK”), Virgin Records America (“Virgin America”), Island Music, Ltd. (“Island”), and ...
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MEMORANDUM AND ORDER Before the court is Plaintiffs Unopposed Motion for Protective Order (doc. 21). Pursuant to Fed.R.Civ.P. 26(c), plaintiff seeks an order to allow the parties to file under seal all briefing on two discovery motions he intends to file. Defendants have agreed to the requested protective order. Plaintiff represented defendant Helene Ei-chenwald as her attorney through March 4, ...
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88 F. Supp. 2d 1196 (2000) Susan BRIGGS, Plaintiff, v. Sheila WALKER, Director of Vehicles, Department of Revenue of the State of Kansas, Defendant. No. 99-4064-SAC. United States District Court, D. Kansas. February 15, 2000. *1197 Stacey L. Cooper, Topeka Independent, Living Resource Center, Topeka, KS, Cecilia T. Mariani, Topeka Independent, Living Resource Center, Topeka, KS, for plaintiff. Jo...
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88 F.Supp.2d 1175 (2000) Wanda AROCHO, Plaintiff, v. GOODYEAR TIRE & RUBBER COMPANY, and Aetna Life Insurance Company, Defendants. No. 97-4180-SAC. United States District Court, D. Kansas. February 4, 2000. *1176 Charles R. Hay, Goodell, Anne M. Kindling, Stratton, Edmonds & Palmer, Topeka, KS, for Plaintiff. John W. Cowden, Curtis C. Landherr, Patricia A. Rosa, Toni R. Wheeler, Baker, St...
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MEMORANDUM AND ORDER Creative Copier Services (“CCS”) filed suit against Xerox Corporation, alleging that it violated the federal antitrust laws and state competition laws by refusing to sell copier parts to independent service organizations, tying its sale of parts and service, and disparaging CCS. Xerox filed a counterclaim alleging that CCS had infringed Xerox patents for various c...
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ORDER Before the Court is Plaintiff Blitch Ford, Inc.’s (“Blitch Ford”) Motion For Partial Summary Judgment [Tab # 227] and Defendant MIC Property And Casualty Insurance Corporation’s (“MIC”) Motion For Summary Judgment [Tab # 229]. I. Background This action arises from an arson fire that destroyed the building and contents of the Blitch Ford dealership in Homerville, Ge...
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ORDER This employment discrimination action is before the court on Defendants’ motion [Doc. 20] to compel mental examination of Plaintiff pursuant to Fed.R.Civ.P. 35(a). Plaintiff opposes [Doe. 24] the motion. Background Plaintiff filed her complaint on March 3, 1999, alleging gender discrimination and retaliation in violation of Title VII. [Doc. 1], Plaintiff also asserted state law claims o...
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MEMORANDUM This is an action brought by over one hundred individuals employed as “chicken catchers” for processing plants owned and operated by Defendant Perdue Farms, Inc. in Salisbury, Maryland, Accomac, Virginia and Georgetown, Delaware. Plaintiffs seek to recover overtime wages to which they believe they are entitled under the Fair Labor Standards Act, 29 U.S.C. § 201 et seq...
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ORDER DENYING DEFENDANT’S MOTION TO DISMISS COUNTS I, II, III, IV AND V OF THE INDICTMENT FOR VAGUENESS, OVER BREADTH AND ILLEGAL BURDEN SHIFTING AND FOR AN ORDER REQUIRING GOVERNMENT TO PROVE THE ALLEGED IMAGES ARE OF ACTUAL MINORS This matter came before the court for hearing on February 28, 2000, on Defendant’s Motion to Dismiss Counts I, II, III, IV and V of the Indictment for Vagueness, Ov...
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MEMORANDUM ORDER Before the Court are plaintiffs objections to the Report and Recommendation (“Report”) of the Honorable Nina Gershon1 dated September 20, 1995, recommending dismissal of plaintiffs action. For the reasons stated below, the Court adopts Judge Gershon’s Report in its entirety. On October 10, 1995, the Court first reviewed Judge Gershon’s Report, absent the objection of any party. ...
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83 F.Supp.2d 1029 (2000) Rita PHILLIPS, Plaintiff, v. TACO BELL CORP., Defendant. No. 4:96-CV-1220 (CEJ). United States District Court, E.D. Missouri, Eastern Division. February 10, 2000. *1030 *1031 John J. Carey, David O. Danis, Partner, Joseph P. Danis, Carey and Danis, St. Louis, MO, for Plaintiff. James N. Foster, Jr., Partner, Geoffrey M. Gilbert, Jr., Stephanie O. Zorn, McMahon and Berger,...
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DECISION ON APPEAL Before this court is an appeal by Billy C. Faubion, Jo Ann Faubion, and Faubion Freight, Inc. from the United States Bankruptcy Court. For the following reasons, we affirm the bankruptcy court’s awarding of summary judgment to appellee H. Gayle Marshall. Background In 1995, Faubion Truck Lines, Inc. was faced with contingent workers’ compensation claims for which it h...
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88 F. Supp. 2d 613 (2000) David EDWARDS v. WAL-MART STORES, INC. No. Civ.A. 99-0011. United States District Court, W.D. Louisiana, Alexandria Division. February 29, 2000. *614 Jeffrey A. Riggs, Antoon Riggs & Brame, Alexandria, LA, for David Edwards, plaintiff. Stephen P. Beiser, Kevin L. O'Dea, McGlinchey Stafford, New Orleans, LA for Wal-Mart Stores Inc, defendant. RULING LITTLE, Chief Jud...
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*403 ORDER This matter comes before the Court on appeal from the Bankruptcy Court’s Order denying the proofs of claim filed by the Crow Tribe of Indians. In re Pauline Haines, d/b/a Polly’s Place, Debtor, 233 B.R. 480 (Bkrtcy.D.Montana, 1999). The Bankruptcy Court’s findings of fact are reviewed under the clearly erroneous standard. Fed.R.Bankr.P. 8013. Its conclusions of law are reviewed...
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MEMORANDUM Before the court is Plaintiff Robert Glen Coe’s Amended Emergency Complaint for Declaratory and Injunctive Relief and Application for Temporary Restraining Order (Docket Nos. 1, 17) 1 to which Defendant has responded (Docket Nos. 6, 24). Plaintiff has also filed a Memorandum of Authority in Support of his Complaint and Application (Docket No. 9) to which the Defe...
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91 F. Supp. 2d 1247 (2000) Ronald ZEMAN, Plaintiff, v. OFFICE AND PROFESSIONAL EMPLOYEES INTERNATIONAL UNION LOCAL 35, Defendant. No. 97-C-1183. United States District Court, E.D. Wisconsin. March 30, 2000. *1248 Cynthia L. Manlove, Milwaukee, WI, for Plaintiff. Lester A. Pines, Cullen Weston Pines & Bach, Madison, WI, Ely A. Leichtling, Michael J. Fischer, Quarles & Brady, Milwaukee, WI,...
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92 F. Supp. 2d 891 (2000) FOSLIP PHARMACEUTICALS, INC., Foslip of California, Inc., Jay W. Hansen, and William D. Hansen, Plaintiffs, v. METABOLIFE INTERNATIONAL, INC., Michael J. Ellis, William R. Bradley, Joseph M. Ellis, Jr., ST & T, Inc., Michael J. Scott, James Cameron, and Ron Sanculi, Defendants. No. C 99-4108-MWB. United States District Court, N.D. Iowa, Western Division. April 3, 200...
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84 F.Supp.2d 1053 (2000) Steven BENCICH, Ron Friedman, Plaintiffs, v. Yvette HOFFMAN, Guy Crawford, Dead Alive Productions, Inc., Ideal Media Marketing, Inc., Spectrum, Inc., Defendants. No. Civ.A. 981139PHXEHCWGY. United States District Court, D. Arizona. February 11, 2000. *1054 Edward Joseph Ribadeneira, Wahl & Ribadeneira, Scottsdale, AZ, Charles A. Goldwasser, Law Offices of Charles A. G...
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ORDER OF THE COURT WHEREAS it has come to the Appellate Division's attention that its February 4,2000, opinion did not discuss V.I. Code Ann. tit. 11 A, § 1-207's pertinence to the underlying dispute, it is ORDERED that the Court's opinion is AMENDED to include new text and to eliminate part of one citation, as underlined and stricken below: This is a classic case of accord and satisfaction. The A...
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88 F. Supp. 2d 993 (2000) Reggie WHITE, et al., Plaintiffs, v. NATIONAL FOOTBALL LEAGUE, et al., Defendants. No. Civ. 4-92-906(DSD). United States District Court, D. Minnesota. March 31, 2000. James W. Quinn, Jeffrey L. Kessler, Bruce S. Meyer, David G. Feher, Weil, Gotshal & Manges, New York City, Edward M. Glennon, Lindquist & Vennum, Minneapolis, MN, Richard Berthelsen, National Footba...
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OPINION AND ORDER This is a product liability action in which plaintiffs are suing defendant Pittway Corporation, a manufacturer of smoke detectors and carbon monoxide detectors, and its successor, BRK Brands, Inc., alleging that detectors installed in their home did not sound timely alarms during a fire in which plaintiffs Shawn and Rachel Werner were injured. Shawn’s wife and Rachel’s mother,...
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92 F. Supp. 2d 1072 (2000) NATIONAL WILDLIFE FEDERATION, Sierra Club, Idaho Rivers United, American Rivers, Pacific Coast Federation of Fisherman's Associations, Institute for Fisheries Resources, Washington Wildlife Federation, and Idaho Wildlife Federation, Plaintiffs, Nez Perce Tribe Of Idaho, Intervenor-Plaintiff, v. UNITED STATES ARMY CORPS OF ENGINEERS, Defendant, Potlatch Corporation, Nort...
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92 F.Supp.2d 1137 (2000) UNITED STATES of America, Plaintiff, v. Elroy CARR a/k/a Elroy Lightning, Defendant. No. 99-40086-01RDR. United States District Court, D. Kansas. March 8, 2000. *1138 Marilyn M. Trubey, David J. Phillips, Office of Federal Public Defender, Topeka, KS, for Elroy Carr, defendant. Gregory G. Hough, Office of U.S. Atty., Topeka, KS, for U.S. *1139 MEMORANDUM AND ORDER ROGE...
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84 F.Supp.2d 759 (2000) The UNIVERSITY OF WEST VIRGINIA BOARD OF TRUSTEES, Plaintiff, v. Kurt L. VanVOORHIES, Defendant, v. West Virginia University Research Corporation, et al. No. CIV. A. 1:97-CV-144. United States District Court, N.D. West Virginia, Martinsburg Division. February 17, 2000. *760 Andrew G. Fusco, The Fusco Legal Group, Morgantown, WV, David E. Tungate, Kirk D. Houser, Eckert, Se...
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84 F.Supp.2d 751 (2000) Karrie SPRENKLE, Plaintiff, v. HARTFORD LIFE INSURANCE COMPANY, Defendant. Civil Action No. 3:98-CV-87. United States District Court, N.D. West Virginia, Martinsburg Division. February 15, 2000. *752 Eric S. Black, Trump & Trump, Berkeley Springs, WV, for plaintiff. Charles E. Hurt, Charleston, WV, Philip F. Brown, Todd A. Brenner, Brenner, Brown, Golian & McCaffre...
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92 F. Supp. 2d 1124 (2000) SAC AND FOX NATION OF MISSOURI, Iowa Tribe of Kansas and Nebraska, Prairie Band of Potawatomi Indians, and Bill Graves, Governor of the State of Kansas, Plaintiffs, v. Bruce BABBITT, Secretary of the Interior of the United States, Defendant. Kickapoo Tribe of Kansas, Plaintiff, v. Bruce Babbitt, Secretary of the Interior of the United States, et al., Defendants. Nos. 96...
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92 F.Supp.2d 1183 (2000) Elijah EDWARDS, Jr., Petitioner, v. Col. Marvin NICKELS, Respondent. No. 97-3409-RDR. United States District Court, D. Kansas. March 27, 2000. *1184 Elijah Edwards, Lewisburg, PA, petitioner pro se. Tanya S. Wilson, Mary K. Ramirez, Office of United States Attorney, Topeka, KS, for Marvin L. Nickels, Colonel, U.S. Disciplinary Barracks, respondent. ORDER ROGERS, District...
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MEMORANDUM OPINION AND ORDER Five physicians’ associations (“Associations”) have sued United States Department of Health and Human Services Secretary Donna Shalala- (“Secretary”) for declaratory and injunctive relief, describing their action this way in Complaint K1 (part of the section captioned “NATURE OF THE ACTION”): This action challenges the methodology used by the Secretary to implem...
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ORDER DENYING DEFENDANT NOBLE DRILLING (PAUL WOLFF) LTD.’S MOTION TO DISMISS UNDER RULE 12(b) OF THE FEDERAL RULES OF CIVIL PROCEDURE Plaintiff alleges he sustained serious injuries to his neck and shoulder while working aboard the PAUL WOLFF, a mobile drilling rig. On February 8, 2000, one of the Defendants, Noble Drilling (Paul Wolff) Ltd., filed its Motion To Dismiss Under Rule 12(...
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MEMORANDUM OPINION AND ORDER This case presents a footnote in the' storied history of politics and corruption in Chicago. In 1990, Michael Sheahan, a Democrat, won an election and became the Sheriff of Cook County. Shortly thereafter, the FBI came knocking on his door. The agents asked for his cooperation in their investigation of corruption in the administration of his predecessor, James O’G...
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91 F. Supp. 2d 1031 (2000) ENVIRO PETROLEUM, INC. v. KONDUR PETROLEUM, S.A., Setiawan Djody d/b/a the Setdco Group, Far Eastern Hydrocarbons, Ltd. Bakrie Group, Indra Bakrie, Aburizal Bakrie and Nirwan Bakrie Civil Action No. G-99-405. United States District Court, S.D. Texas, Galveston Division. March 29, 2000. *1032 Edward D Vickery, Royston Rayzor Vickery & Williams, Houston, TX, for Ed Vi...
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MEMORANDUM Plaintiffs Taryn and Nicholas Dodd and Doris Wilkins bring this action against George Asmuth and Phuong (Christina) Nguyen, stockholders of Infinity Travel. 1 Plaintiffs allege that defendants — in coordination with Phong (Kim) Nguyen, President and General Manager of Infinity Travel — formed a RICO conspiracy that resulted in plaintiffs’ loss of approximately $5...
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MEMORANDUM ORDER Defendant Washington Gas Light Company (“Washington Gas”) moves to dismiss this action for improper venue pursuant to Federal Rule of Civil Procedure 12(b)(3), or, in the alternative, for transfer pursuant to 28 U.S.C. § 1406(a). For the reasons set forth below, the motion will be denied in both of its parts. BACKGROUND Plaintiff Leroy C. Johnson brings federal and state ...
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91 F. Supp. 2d 130 (2000) Robert B. COLEMAN, Plaintiff, v. Janet RENO, Defendant. No. Civ.A. 98-1627(JR). United States District Court, District of Columbia. March 29, 2000. *131 Robert B. Coleman, Ontario, Canada, plaintiff pro se. Stacy M. Ludwig, Assistant U.S. Attorney, Washington, DC, for defendant. MEMORANDUM OPINION ROBERTSON, District Judge. Plaintiff, a dual citizen of the United States...
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88 F. Supp. 2d 1 (2000) Dr. Judith PLOTKIN, Plaintiff, v. Donna SHALALA, Secretary, Department of Health and Human Services, Defendant. No. Civ.A. 98-1968(JR). United States District Court, District of Columbia. March 30, 2000. Joseph M. DiJoseph, Ted Kavurkov, Vienna, VA, for plaintiff. Marina Utgoff Braswell, Assistant U.S. Attorney, Washington, DC, for defendant. MEMORANDUM ROBERTSON, Distric...
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ORDER DENYING IN PART AND GRANTING IN PART PLAINTIFF’S MOTION TO ALTER AND AMEND FINAL JUDGMENT AND PLAINTIFF’S MOTION FOR LEAVE TO FILE AMENDED COMPLAINT, and DENYING BOTH PLAINTIFF’S MOTION FOR NEW TRIAL AND DEFENDANT’S MOTION FOR SANCTIONS Plaintiff Hall originally brought this action against Defendant Environmental Chemical Corp. for personal injuries arising under the Jones Act a...
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AMENDED OPINION I. INTRODUCTION Desiring to alleviate coverage and capacity problems in Harrington Park, Plaintiff Cellular Telephone Company d/b/a AT & T Wireless Services (“AT & T Wireless”) applied to Defendant Zoning Board of Adjustment of the Borough of Harrington Park (the “Board”) for use and bulk variances and for site plan approval to construct a 100 foot cellula...
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MEMORANDUM OPINION AND ORDER This case presents the novel issue of whether the Illinois attorney-client privilege protects communications between a non-employee agent and the corporation’s attorneys, where the agent has express authority to coordinate legal review of contracts and service relationships for the purpose of renegotiating its terms. This Court holds that it does. Defendant Affiliat...
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MEMORANDUM ORDER Before the Court is plaintiffs motion to vacate its voluntary dismissal of this action, *324pursuant to Federal Rule of Civil Procedure 60(b)(6), and for leave to amend its complaint, pursuant to Federal Rule of Civil Procedure 15. For the reasons set forth below, the motion will be denied. FACTS In 1925, plaintiff Empresa Eléctrica del Ecuador, Inc. (“EMELEC”), a Maine corporat...
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88 F. Supp. 2d 745 (2000) Robert KOLODZAIKE, Plaintiff, v. OCCIDENTAL CHEM. CORP., Defendant. No. CIV.A. G-99-432. United States District Court, S.D. Texas, Galveston Division. March 27, 2000. Ted C. Litton, Royston, Rayzor, Vickery and Williams, Houston, TX, for Ted C. Litton, mediators. Gregg M. Rosenberg, Gregg M. Rosenberg & Associates, Houston, TX, for Robert Kolodzaike, plaintiffs. Holl...
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105 F. Supp. 2d 1161 (2000) LEPRINO FOODS COMPANY, Plaintiff, v. UNITED STATES of America, Defendant. No. CIV. A. 99-B-974. United States District Court, D. Colorado. March 13, 2000. *1162 O. Russel Murray, Garlin, Driscoll & Murray, LLC, Louisville, CO, for Plaintiff. Mark S. Pestal, U.S. Attorney's Office, Civil Div., Denver, CO, Philip Blondin, Arthur P. Yoon, U.S. Dept. of Justice, Tax Di...
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*92 OPINION AND ORDER I. Introduction Plaintiffs are suing defendants for the alleged unconstitutional practices of the Street Crime Unit (“SCU”) of engaging in suspi-cionless stops and frisks of minorities, particularly young black and Hispanic men. Defendants now move under Rule 26(c) of the Federal Rules of Civil Procedure for a protective order shielding certain documents from discovery on ...
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MEMORANDUM ORDER Plaintiff moves to remand this action for fraud and breach of contract to the Supreme Court of the State of New York, County of New York, from whence it was removed on February 15, 2000. Plaintiff argues that the underlying claims — which allege in effect that defendants fraudulently obtained portions of plaintiffs database of uncopyrightable court decisions and, in violation...
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*348 OPINION AND ORDER Plaintiff John Gil Construction, Inc. (“JGC”) brings this action, pursuant to 42 U.S.C. § 1983, against defendants Milo Riverso, The New York City School Construction Authority (the “SCA”), New York City Off-Track Betting Corporation (“OTB”) and The Department of Investigation for the City of New York (“DOI”). 1 Plaintiff alleges that defenda...
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101 F. Supp. 2d 163 (2000) HOUSING WORKS, INC., Plaintiff, v. Howard SAFIR, Commissioner of the New York City Police Department; the City of New York, and Rudolph Giuliani, Mayor of the City of New York, Defendants. No. 98 Civ. 4994(HB). United States District Court, S.D. New York. April 6, 2000. *164 Christopher Dunn, Norman Siegel & Arthur Eisenberg, New York Civil Liberties Union Foundatio...
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OPINION Plaintiffs John Magnan, Philip Berliner, Gershon Sontag, Tiffany Lewin, Jaqulin Shere and Rose Shere, on behalf of a putative class of similarly situated investors (collectively, “plaintiffs”), filed this securities action alleging that they were injured by the acts of defendants in violation *684 of sections 11, 12(2) and 15 of the Securities Act of 1933 (the “Se...
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OPINION 1. The Commodity Futures Trading Commission (the “Commission”) has sued Noble Wealth Data Information Services, Inc. (“Noble Wealth”), Currex International Corporation (“Currex”), International Advanced Investments, Inc. (“LAI”), Bull & Bears, Ltd. (“Bull & Bears”), Noble Wealth Development, Ltd. (“Noble Wealth HK”), and Esfand Baragosh (“Baragosh”), an individual, for mi...
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DECISION AND ORDER INTRODUCTION Currently before the Court is the motion of plaintiffs OBH, Inc. (“OBH”) and Columbia Insurance Company (“Columbia”) for a preliminary injunction enjoining defendants Spotlight Magazine, Inc. (“Spotlight”) and Claude Tortora (“Tortora”) from using plaintiffs’ trademark, “The Buffalo News,” as the domain name for a web site operated by defendants (“...
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OPINION AND ORDER This is an uncertified securities fraud class action brought by plaintiff Richard L. Kalnit against MediaOne Group Inc. (“Me-diaOne”) and its eleven directors. 1 Plaintiff alleges that defendants violated section 10(b) of the Securities Exchange Act of 1934 (the “Exchange Act”), 15 U.S.C. § 78j(b), and Rule 10b-5 promulgated thereunder, 17 C.F.R. § 240.10b...
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MEMORANDUM AND ORDER In this class action plaintiffs allege that defendants Sears Group Life Insurance Plan (the Plan) and Sears, Roebuck and Company (the Company) (collectively Sears) modified retiree life insurance benefits in violation of the Employee Retirement Income Security Act (ERISA), 29 U.S.C. § 1001 et seq. Both parties have moved for summary judgment with respec...
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116 F. Supp. 2d 633 (2000) CROFTON VENTURES LIMITED PARTNERSHIP, Plaintiff, v. G & H PARTNERSHIP, et al., Defendants. No. Civ.A. MJG-96-1378. United States District Court, D. Maryland. March 22, 2000. *634 Steven K. Fedder, Carolina E. Petro, Rudnick, Wolfe, Epstein & Zeidman, Washington, DC, John Chen, Kathleen L. Nooney, Piper, Marbury, Rudnick & Wolfe PH, Chicago, IL, for Plaintiff...
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92 F.Supp.2d 671 (2000) The BOLER COMPANY, Plaintiff, v. NEWAY ANCHORLOK, INTERNATIONAL, INC., Defendant. No. 5:99CV1934. United States District Court, N.D. Ohio, Eastern Division. March 14, 2000. *672 David L Drechsler, David P. Dureska, John B Schomer, Karen K Grasso, Mark J. Skakun, Walter A Lucas, Buckingham, Doolitle & Burroughs, Akron, OH, for The Boler Company, plaintiff. *673 George T...
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88 F. Supp. 2d 750 (2000) Frank MARABELLA v. AUTONATION U.S.A. CORP. and Al Prendergast. Nos. Civ.A. G-99-693, Civ.A. G-00-50. United States District Court, S.D. Texas, Galveston Division. April 3, 2000. *751 Ervin A. Apffel, Jr., McLeod Alexander et al, Galveston, TX, for Frank Marabella, plaintiff. Lisa H. Pennington, Baker and Hostetler, Houston, TX, for Autonation USA Corporation, defendant. ...
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ORDER Pending before the court is the defendants’ motions to refer these suits to the bankruptcy court. I decide the matter on the papers and pleadings filed herein and after oral argument. I. PROCEDURAL HISTORY On April 8, 1999, the plaintiffs, Chapter 7 bankruptcy petitioners, filed a putative class-action lawsuit. They seek, inter alia, disgorgement of pro...
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ORDER This case is before the court for consideration of plaintiffs motion to compel [16—1] and plaintiffs motion to strike defendants’ brief opposing the motion to compel and for a protective order preventing defendants’ use of a privileged document or its contents [21—1], The court will consider the motion to strike first. The brief subject to the motion to strike was submitted on behalf of d...
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OPINION Defendant Perry DeFreitas (“DeFrei-tas”) has moved, pursuant to Rule 29(c), Fed.R.Crim.P., to set aside the guilty verdict in this action and enter a judgment of acquittal. For the reasons set forth below, the motion is denied. Prior Proceedings On June 5, 1998, the Government filed its criminal complaint in this action. A two-count superseding indictment was filed on April 8, 199...
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PRELIMINARY ORDERS Plaintiffs, trustees of a Trust established in 1988 as a result of the bankruptcy of the Johns-Manville Corporation, seek recovery against the major tobacco product manufacturers and related entities (“Tobacco”) for their alleged role in contributing to asbestos-related injuries of the Trust’s Claimants. The initial case, filed on December 31, 1997 (“Falise I”), was dismi...
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91 F. Supp. 2d 743 (2000) LENOX INCORPORATED, Atlantic City Electric Company, & American Cyanamid Company, Plaintiffs, v. REUBEN SMITH RUBBISH REMOVAL, et al., Defendants. Civil Action No. 97-5065 (JEI). United States District Court, D. New Jersey. April 4, 2000. *744 *745 Sills Cummis Radin Tischman Epstein & Gross by James E. Brandt, Newark, NJ, for plaintiffs Lenox Inc., Atlantic City ...
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91 F. Supp. 2d 754 (2000) Donald H. JOHNSON, et al., Plaintiffs, v. Michele K. GUHL, Commissioner of the New Jersey Department of Human Services, et al., Defendants. No. 99-CIV.-5403 WGB. United States District Court, D. New Jersey. April 7, 2000. *755 *756 *757 *758 Donald M. McHugh, McHugh & Macri, East Hanover, NJ, for plaintiffs. Shirley B. Whitenack, Schenck, Price, Smith & King, LLP...
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91 F. Supp. 2d 895 (2000) Matthew MILSTEAD, Administrator of the Estate of Milstead, Plaintiff, v. Chad KIBLER, et al., Defendants. No. CIV. A. 5:98CV00075. United States District Court, W.D. Virginia, Harrisonburg Division. March 30, 2000. *896 Jmaes Roscoe Tate, David Bafumo, Tate & Bywater, Ltd., Vienna, VA, for Plaintiff. Mark Dudley Obenshain, Wharton, Aldhizer & Weaver, PLC, Harriso...
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FINDINGS OF FACT, CONCLUSIONS OF LAW, MEMORANDUM, ORDER and JUDGMENT TABLE OF CONTENTS I INTRODUCTION.121 II FACTS.122 III FRANCHISE ARRANGEMENTS.123 IV LAW.127 A. Choice of Law.127 B. Injunction as an Equitable Remedy.128 1. Success on the Merits .128 a. Contract Modification.128 b. Waiver.129 c. Equitable Considerations Limiting Powe...
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91 F. Supp. 2d 920 (2000) SENTRY INSURANCE CO., Plaintiff, v. GREENLEAF SOFTWARE, INC., Defendant. No. Civ.A. 3:99CV1232X. United States District Court, N.D. Texas, Dallas Division. March 25, 2000. *921 Charles W Hurd, Fulbright & Jaworski, Houston, TX, for Sentry Insurance Co, plaintiff. David Sterling White, Thompson & Knight, Dallas, TX, for Greenleaf Software Inc, defendant. Harlan A ...
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88 F. Supp. 2d 928 (2000) DAYS INN OF AMERICA, INC., Plaintiff, v. Ishwarlal B. PATEL, Defendant. No. 99-3006. United States District Court, C.D. Illinois, Springfield Division. April 5, 2000. *929 Frederic A. Cohen, Shannon A. Sullivan, Chicago, IL, Paula J. Morency, Robin M. Spencer, Chicago, IL, for plaintiff. Jonathan C. Wright, Lincoln, IL, for defendant. *930 OPINION RICHARD MILLS, Distr...
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91 F. Supp. 2d 904 (2000) COLLIER, Plaintiff, v. Kenneth S. APFEL, Commissioner of Social Security, Defendant. No. CIV. A. 3:98CV00081. United States District Court, W.D. Virginia, Charlottesville Division. March 31, 2000. *905 James Benjamin Dick, Law Offices of J. Benjamin Dick, Charlottesville, VA, for Plaintiff. Alonzo H. Long, U.S. Atty's Office, Roanoke, VA, for Defendant. MEMORANDUM OPINI...
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91 F. Supp. 2d 1204 (2000) Carlos TREVINO, Plaintiff, v. The CITY OF ROCK ISLAND POLICE DEPARTMENT, Defendant. No. 98-4092. United States District Court, C.D. Illinois. February 15, 2000. *1205 Dorothy A. O'Brien, Brad A. Reynolds, Brooke & O'Brien, Davenport, IA, for plaintiff. Arthur W. Eggers, James S. Zmuda, Califf & Harper, P.C., Moline, IL, for defendant. ORDER MIHM, District Judge...
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84 F.Supp.2d 218 (2000) Duane W. LARSON v. UNITED STATES of America No. 99-CV-10879-RGS. United States District Court, D. Massachusetts. February 15, 2000. Duane W. Larson, Murrieta, CA, pro se. Shelby D. Wright, U.S. Atty. Office, Boston, MA, for U.S. MEMORANDUM AND ORDER ON CROSS MOTIONS FOR SUMMARY JUDGMENT STEARNS, District Judge. Duane Larson brought this pro se Complaint against the United...
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MEMORANDUM AND ORDER Deon Lawrence petitions this Court for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, challenging his 1993 state court convictions on murder and robbery charges. For the reasons discussed below, the petition is denied. BACKGROUND I. Factual Background and The Arrest and Indictment of Deon Laurrence A. The Shooting of Peter Reitberger On the night of N...
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88 F.Supp.2d 1061 (2000) EQUIPMENT MANUFACTURERS INSTITUTE, AGCO Corporation, Case Corporation, Deere & Company, and New Holland North America, Inc., Plaintiffs, v. William J. JANKLOW, Governor of the State of South Dakota, in his official capacity, and Mark Barnett, Attorney General of the State of South Dakota, in his official capacity, Defendants. No. Civ 99-4161. United States District Co...
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101 F. Supp. 2d 61 (2000) Samuel CALDERON-SITIRICHE, Plaintiff, v. EDUCATORS MUTUAL LIFE INS. CO., Defendant. No. 98-1130 SEC. United States District Court, D. Puerto Rico. March 21, 2000. *62 Luis N. Blanco-Matos, San Juan, PR, for plaintiff. Marta Quinonez-Zambrana, Cancio, Nadal, Rivera & Diaz, San Juan, PR, for defendant. OPINION AND ORDER CASELLAS, District Judge. This is an action to e...
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MEMORANDUM AND ORDER I. INTRODUCTION The plaintiff Margaret Adelman (“Adel-man”) brings a multi-count action against *1036 defendants Martha Christy (“Christy”) and Joseph Christy (“Joseph Christy”) (husband and wife, collectively, “the Christys”), Future Med, Inc. (“Future Med”) and TriMedica, Inc. (“TriMedica”). The thrust of Adelman’s action is that Christy ...
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104 F.Supp.2d 1190 (2000) UNITED STATES of America, Plaintiff, v. Kent RUTHERFORD, Defendant. No. 8:99CR120. United States District Court, D. Nebraska. March 22, 2000. *1191 Russell X. Mayer, Asst. U.S. Atty., Omaha, NE, for Plaintiff. Clarence E. Mock, III, Johnson, Mock Law Firm, Oakland, NE, for Defendant. MEMORANDUM AND ORDER BATAILLON, District Judge. I. Introduction On June 23, 1999, the ...
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ORDER The issue before the Court concerns the timing of removal under 28 U.S.C. § 1446(b) when multiple defendants are served with the initial pleadings on different dates. Defendants jointly removed this automobile accident (negligence) case from state court on December 6, 1999 — 33 days after service of the summons and complaint on Coca Cola Company (“Coke”) and 30 days after servic...
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92 F. Supp. 2d 1200 (2000) Doyle PATTON, Plaintiff, v. AFG INDUSTRIES, INC., Defendant. Civil Action No. 98-2569-CM. United States District Court, D. Kansas. March 29, 2000. *1201 Rebecca M. Oland, Law Offices of Rebecca M. Oland, Lenexa, KS, for Doyle Patton, plaintiff. Patrick E. McGrath, Chris R. Pace, Glenn S. Grayson, Wallace, Saunders, Austin, Brown & Enochs, Chartered, Overland Park, K...
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MEMORANDUM AND ORDER This matter is before the court on numerous discovery motions. Defendant, International Paper Co. (IP), has filed motions to compel discovery, (Doc. 35), and deposition testimony. (Doc. 43). Plaintiff, Jeannine Walls (Walls), has filed motions for extension of time to respond to IP’s motion to compel discovery, (Doc. 48, 52), a motion to file her opposition to the discovery ...
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MEMORANDUM AND ORDER This matter is before the court on the plaintiffs, Dr. Pierotti’s, motion for reconsideration, (Doc. 64), of the court’s summary judgment order. (Doc. 62). In its order, the court determined that Pierotti had not presented direct evidencé of racial discrimination. Therefore, the court analyzed his claim of racial discrimination in accordance with the McDonnell Douglas burden...
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MEMORANDUM AND ORDER Plaintiff John Townsend filed suit against defendant Kemper National Insurance Companies 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. Specifically, plaintiff claimed that defendant demoted him and subsequently terminated his employment on the basis of his race. Following a trial on plaintiffs claims, the ...
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91 F.Supp.2d 484 (2000) Luz I. CARABALLO CORDERO, et al., Plaintiffs, v. BANCO FINANCIERO DE PUERTO RICO, et al., Defendants. No. CIV.981837SEC. United States District Court, D. Puerto Rico. March 31, 2000. *485 José R. Ortiz-Vélez, San Juan, PR, for Plaintiffs. Johanna M. Emanuelli-Huertas, Pedro Ortiz Alvarez Law Offices, Ponce, PR, Leticia Ramirez-Rangel, Commonwealth Department of Justice, Fe...
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88 F. Supp. 2d 1027 (2000) Irwin E. HAWKINS, Teresa M. Wondercheck, Zane L. Wondercheck, Jerry R. Nicholls, Thomas P. Kappas, and Paul J. Simmons, Plaintiffs, v. Michael JOHANNS, in his official capacity as Governor of the State of Nebraska, Donald B. Stenberg, in his official capacity as Attorney General of the State of Nebraska, and Douglas D. Christensen, in his official capacity as Commission...
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MEMORANDUM AND ORDER This matter is before the Court on Union Pacific’s Motion for Judgment on the Pleadings Dismissing Plaintiffs’ Unjust Enrichment Claim For Lack of Subject Matter Jurisdiction (Filing No. 118). This case involves a breach of contract suit by Entergy Services, Inc. (“ESI”) and Enter-gy Arkansas, Inc. (“EAI”) (hereinafter collectively referred to as “Entergy”) against Un...
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OPINION AND ORDER Before the Court is Third Party Defendant, the Municipality of Ponce’s “Motion to Dismiss (FRCP 12(b))”, (Docket # 40), along with Third Party Plaintiff, Puerto Rico Electric Power Authority’s corresponding, opposition, (Docket # 49). For the reasons that follow, the Municipality of Ponce’s motion to dismiss, (Docket # 40), is GRANTED, and the third party complaint again...
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92 F.Supp.2d 857 (2000) SCHREIBER FOODS, INC., Plaintiff, v. BEATRICE CHEESE, INC. and Kustner Industries, S.A., Defendants. Schreiber Foods, Inc., Plaintiff, v. Great Lakes Cheese Co., Inc., Great Lakes Cheese of La Crosse Wisconsin, Inc., and Great Lakes Cheese of Wisconsin, Inc., Defendants. Nos. 97-C-11, 97-C-566. United States District Court, E.D. Wisconsin. March 30, 2000. *858 *859 Ralph A...
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92 F.Supp.2d 1011 (2000) Destiny OVANDO, et al., Plaintiffs, v. CITY OF LOS ANGELES, et al., Defendants. No. CV99-11835-GAF(AJWx). United States District Court, C.D. California. March 28, 2000. *1012 *1013 *1014 Gregory A. Yates, Beverly Hills, CA, for plaintiffs. James K. Hahn, City Attorney, Cecil Marr, Senior Asst. County Atty., Don W. Vincent, Supervising Asst. City Atty., Paul N. Paquette, D...
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92 F. Supp. 2d 359 (2000) CFMT, INC. and CFM Technologies, Inc., Plaintiffs, v. YIELDUP INTERNATIONAL CORP., Defendant. No. Civ.A.95549RRM. United States District Court, D. Delaware. April 4, 2000. *360 *361 Josy W. Ingersoll, John W. Shaw, Young, Conaway, Stargatt & Taylor, LLP, Wilmington, DE, David C. Berry, Douglas J. Kline, Stephen D. Whetstone, Testa, Hurwitz & Thibeault, LLP, Bosto...
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84 F.Supp.2d 1248 (2000) Regina TAYLOR Plaintiff, v. RENFRO CORPORATION Defendant. No. CV 99-PT-1636-M. United States District Court, N.D. Alabama, Middle Division. February 24, 2000. *1249 Hycall Brooks, III, Charles Brooks, The Brooks Firm PC, Birmingham, AL, for plaintiff. Chris Mitchell, David T. Wiley, Constangy Brooks & Smith, Birmingham, AL, for defendant. MEMORANDUM OPINION PROPST, S...
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OPINION AND ORDER REVERSING DECISION OF THE BANKRUPTCY COURT This matter is before the court on the appeal of the United States of America from a judgment of the United States Bankruptcy Court (the Honorable Laurence Howard) requiring the United States to turnover to the trustee $6,000 representing the debtor’s dower interest in certain real estate. For the reasons set forth below, th...
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92 F.Supp.2d 733 (2000) ALPHA ENTERPRISES, INC. Plaintiff, v. TOMATO LAND DISPLAY SYSTEMS, INC., et al., Defendants. No. C-1-97-668. United States District Court, S.D. Ohio, Western Division. March 24, 2000. *734 James Francis McCarthy, III, Katz Teller Brant & Hild, Cincinnati, OH, Joseph Andrew Sebolt, Canton, OH, for Alpha Enterprises In, plaintiff. Gregory Frederick Ahrens, Wood, Herron &...
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91 F. Supp. 2d 481 (2000) Ana E. GOMEZ VAZQUEZ, Plaintiff, v. Hon. Luis F. DIAZ COLON, et al., Defendants. Civil No. 96-1203 (HL). United States District Court, D. Puerto Rico. March 30, 2000. *482 Santiago Mari-Roca, Biaggi, Busquets & Mari Roca, Mayaguez, Victor M. Negron-Padilla, San Juan, PR, for Ana E. Gomez-Vazquez. Elfrick Mendez-Morales, Department of Justice of PR, Federal Litigation...
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MEMORANDUM OPINION AND ORDER Plaintiff Gale Bednar (“Bednar” or “Claimant”) brings this action pursuant to 42 U.S.C. § 405(g) to review the final decision of the Commissioner of Social Security (“Commissioner”) denying Bednar’s claim for disability insurance benefits under the Social Security Act (“Act”). The Administrative Law Judge (“ALJ”) found that Bednar was not disabled as defined i...
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MEMORANDUM AND ORDER Plaintiff Florence McSween brings suit under 42 U.S.C. § 1983 against defendants Shirley Edwards, Barbara Felton, Kathryn Croft, Marva Hammons, Edward Ferring-ton, Carl Thomas, William Bratton, the City of New York, Lynette Lipsey, and Morris Simonowitz, alleging that their actions violated her constitutional rights. Plaintiff also brings various state law claims for false ...
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MEMORANDUM AND ORDER In this case, respondents Dennis Yacco and George Quinlan seek cover under the *239 Eleventh Amendment for overseeing the appropriation of $2.5 million in proceeds from a corporation involved in labor racketeering activities with the Luchese organized crime family. Acting outside normal statutory channels and without judicial oversight or formal public no...
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MEMORANDUM AND ORDER Plaintiffs Steven Brady, Anthony Last-er, Angelo F. Dallas, Curtis J. Frost, and Mark Franklin bring this consolidated civil rights suit against defendants KBI Security Service, Inc. (“KBI”) and Robert King, alleging violations of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. (“Title VII”), the New York Executive Law § 296, and Title ...
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91 F. Supp. 2d 451 (2000) Rafael O. MORELL, Plaintiff, v. UNITED STATES of America, Defendant. No. Civ. 98-1033(DRD). United States District Court, D. Puerto Rico. March 27, 2000. *452 Francisco Fernandez-Alvarez, Hato Rey, PR, for plaintiff. Beatriz T. Saiz, U.S. Department of Justice, Tax Division, Washington, DC, for defendant. OPINION AND ORDER DOMINGUEZ, District Judge. Plaintiff Rafael Mor...
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ORDER This action was brought by Plaintiff under the provisions of Bivens v. Six Unknown Named Agents in the Federal Bureau of Narcotics, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971). The basis for the action is Plaintiffs claim that his Fifth and Eight Amendment Constitutional rights were violated while an inmate at the Metropolitan Detention Center (“MDC”). Plaintiff contends that he was a...
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91 F. Supp. 2d 477 (2000) UNITED STATES of America, v. Israel GOMEZ-BORGES, Defendants. No. CR. 99-100(DRD). United States District Court, D. Puerto Rico. March 29, 2000. Antonio R. Bazan-Gonzalez, U.S. Attorney's Office District of P.R., Criminal Division, Hato Rey, PR, for plaintiff. Joseph C. Laws, Federal Public Defender Office, San Juan, PR, for defendant. Juan F. Matos-De-Juan, Federal Publ...
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89 F. Supp. 2d 202 (2000) Aimee HILDABRAND, Plaintiff, v. DIFEO PARTNERSHIP, INC. and American Honda Finance Corporation, Defendants. No. 3:98CV565(WWE). United States District Court, D. Connecticut. March 1, 2000. *203 Bernard T. Kennedy, Kennedy & Faulkner, New Haven, CT, for Aimee E. Hildabrand Jonathan B. Troop, Day, Berry & Howard, Stamford, CT, for DiFeo Partnership, Inc. Lawrence J...
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91 F. Supp. 2d 497 (2000) OMNIPOINT COMMUNICATIONS, INC., Plaintiff, v. PLANNING & ZONING COMMISSION OF THE TOWN OF WALLINGFORD, and Town of Wallingford, Defendants. No. 3:98CV2533 (WWE). United States District Court, D. Connecticut. March 23, 2000. *498 Paul Thomas Tusch, Ronald E. Kowalski, II, Cacace, Tusch & Santagata, Stamford, CT, for plaintiff. Adam Mantzaris, Wallingford, CT, Rich...
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RULING ON MOTIONS FOR SUMMARY JUDGMENT In this action, the plaintiffs claim that Pfizer Inc. fraudulently induced them to retire and thereby deprived them of benefits under a Voluntary Separation Offer (“VSO”) in violation of the Employee Retirement Income Security Act (“ERISA”). Pursuant to Rule 56, defendant Pfizer moves for summary judgment, asserting that the plaintiffs’ clai...
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92 F.Supp.2d 58 (2000) Susan B. MENDES, Anthony Mendes and Joseph Doran, Plaintiffs, v. Michael JEDNAK, Saint Joseph College, Saint Joseph College as Plan Administrator for Group Long Term Disability Insurance Plan, Defendants. No. 3:96CV2371 (WWE). United States District Court, D. Connecticut. March 22, 2000. *59 *60 Philip L. Steele, Hartford, CT, for plaintiffs. Lissa J. Paris, Michael C. Harr...
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RULING ON PLAINTIFF’S MOTION TO DISMISSISTRIKE CERTAIN COUNTERCLAIMS Plaintiff Norwalk Cove Marina filed the instant action in admiralty to recover costs related to the repair and refitting of an 88-foot, French-built sailboat known as the S/V Odysseus, ex: Rocco, Jr. Subsequently, defendants Emerald Lady, Inc. and Dennis Mehiel asserted counterclaims against Norwalk Cove a...
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MEMORANDUM-DECISION & ORDER Before the Court is Petitioner Keith Collier’s motion to vacate, set aside or correct his sentence pursuant to 28 U.S.C. § 2255. As this Court noted in its March 30, 2000 Order in this case, 1 although Petitioner identified nine separate “issues for review,” see Petitioner’s Motion Under 28 U.S.C. § 2255 (Docket No. 1) (dated January ...
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100 F. Supp. 2d 404 (2000) James M. LOFTON, Plaintiff, v. TURBINE DESIGN, INC., a Florida corporation, Douglas Karlsen, individually Defendants Robert E. Lamb, Plaintiff, v. Turbine Design, Inc., et al., Defendants, Phoenix Corporation, Plaintiff, v. Turbine Design, Inc., et al., Defendants, Dr. Robert C. Lee, Plaintiff. v. Turbine Design, Inc., et al., Defendants. Nos. CIV.A.3:99CV084-B-A, 3:99C...
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92 F.Supp.2d 592 (2000) Ricky GALLOWAY, Plaintiff, v. CITY OF NEW ALBANY, MISSISSIPPI, Defendant. No. 1:98CV396-S-A. United States District Court, N.D. Mississippi, Eastern Division. March 28, 2000. *593 *594 Honorable Jim Waide, West Point, MS, for Plaintiff. Honorable Matt Pesnell, Honorable Gary Friedman, Jackson, MS, for Defendants. Honorable T. Hunt Cole, Jr., Honorable David Miller, Jackson...
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92 F. Supp. 2d 598 (2000) Ricky GALLOWAY, Plaintiff, v. CITY OF NEW ALBANY, MISSISSIPPI, Defendant. No. 1:98CV396-S-A. United States District Court, N.D. Mississippi, Eastern Division. April 4, 2000. Jim Waide, West Point, MS, for plaintiff. *599 Matt Pesnell, Honorable Gary Friedman, Jackson, MS, for defendants. T. Hunt Cole, Jr., David Miller, Jackson, MS, for State. OPINION SENTER, Senior Dis...
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92 F.Supp.2d 435 (2000) Edward KABAKJIAN and Nancy B. Kabakjian, v. UNITED STATES of America, Luann Parmer, William Snider and Nancy Snider. No. Civ.A. 97-5906. United States District Court, E.D. Pennsylvania. April 12, 2000. *436 *437 Edward Kabakjian, Pennsburg, PA, pro se. Nancy B. Kabakjian, Pennsburg, PA, pro se. Melvin E. Newcomer, Lancaster, PA, Charles M. Flesch, Shannon Cohen, Dept. of J...
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84 F.Supp.2d 702 (2000) BOARD OF EDUCATION OF MONTGOMERY COUNTY v. Anne HUNTER, a minor, by her parents and next friends, Bruce and Julie HUNTER. No. CIV.JFM-99-1153. United States District Court, D. Maryland. February 16, 2000. *703 Jeffrey A. Krew, Columbia, MD, Eric Charles Brousaides, Reese & Carney, Columbia, MD, for plaintiff. Matthew B. Bogin, Bogin and Egin, Washington, DC, Michael J....
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MEMORANDUM Plaintiffs, Richard Gross, June Gross, Elaine Gross, and Steven Gross, have brought suit against defendant King David Bistro, Inc., (“KDB”), alleging negligence, breach of warranty, and strict liability. Defendant has filed a motion in limine to prohibit the testimony of Dr. Bruce Hoffman and motion for partial summary judgment. The motions will be granted. Plaintiffs are ...
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ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT THIS CAUSE came before the Court upon Defendant Johnson Controls World Services, Inc.’s Motion for Summary Judgment (d.e.# 19), filed on December 22, 1999. THE COURT has considered the motion, responses and the pertinent portions of the record, and is otherwise fully advised in the premises. The Plaintiff has filed a ...
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MEMORANDUM AND ORDER The background facts pertaining to this litigation were set forth in some detail in this Court’s Memorandum and Order of February 17, 2000 and will not be repeated here. In that Memorandum and Order, the Court dismissed Counts V, VI, VII and VIII of the amended complaint as to all Brantly Defendants except defendant Nantucket, dismissed Counts XIII and XIV of the amended comp...
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92 F.Supp.2d 396 (2000) UNITED STATES of America v. Ceverilo CHAMBERS Criminal Action No. 94-585 NHP. United States District Court, D. New Jersey. April 5, 2000. *397 Perry A. Carbone, Assistant U.S. Attorney, Robert J. Cleary, United States Attorney, Newark, NJ, for plaintiff. Mr. Ceverilo Chambers, Wakefield District, Thompsontown Post Office, Clarendon, Jamaica, West Indies, pro se. POLITAN, D...
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92 F.Supp.2d 386 (2000) Balwinder SINGH, Petitioner, v. Andrea QUARANTILLO, District Director, Immigration and Naturalization Service, Respondent. Balwinder Singh, Petitioner, v. Andrea Quarantillo, As District Director, Immigration & Naturalization Service, Respondent. Nos. CIVA993414DRD, CIVA994480DRD. United States District Court, D. New Jersey. April 5, 2000. *387 Winston W. Fraser, Newar...
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92 F.Supp.2d 403 (2000) Hany Mahmoud KIARELDEEN, Petitioner, v. Janet RENO, Attorney General; Immigration and Naturalization Service; Paul Schmidt, Chair, Board of Immigration Appeals; Doris Meissner, Commissioner of the Immigration and Naturalization Service; Andrea Quarantillo, District Director, Newark INS; and Ralph Green, Warden, Hudson County Correctional Center, Respondents. No. CIV 99-392...
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OPINION AND ORDER Plaintiff Belly Basics, Inc. claims that defendant Mothers Work, Inc., was again engaged in trademark infringement and unfair competition by copying plaintiffs trade dress for its quite successful line of *145 maternity wear, and that Mothers Work, which plaintiff had written to asserting infringement in 1995, had breached the resulting 1995 settlement agreement as well. ...
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MEMORANDUM OPINION This case involves the question whether a renowned professional athlete is bound in his commercial dealings by the same standards of honesty and fairness aspired to by the rest of society. Plaintiff Lennox Lewis obtained his opportunity to fight Evander Holyfield for the world heavyweight boxing title by agreeing with defendant Don King Productions, Inc. (“DKP”) th...
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94 F.Supp.2d 205 (2000) John WALSH, Josephine Walsh, Construction Services of Bristol, Inc., plaintiffs, v. SEABOARD SURETY COMPANY, defendant. No. 3:96CV1138(WWE). United States District Court, D. Connecticut. February 7, 2000. *206 *207 Andrew B. Bowman, Law Offices Of Andrew Bowman, Westport, CT, for plaintiffs. Steven B. Kaplan, John P. Kane, Joseph B. Mathieu, Michelson, Kane, Royster & ...
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CORRECTED MEMORANDUM AND ORDER On April 29,1999, the Secretary of Commerce issued an “initial finding” that “there is insufficient evidence that chase and encirclement by the tuna purse seine fishery ‘is having a significant adverse impact’ on the depleted dolphin stocks in the [Eastern Tropical Pacific Ocean].” 64 Fed.Reg. 24,590 (1999). David Brower, Earth Island Institute, The Humane Society...
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92 F.Supp.2d 1170 (2000) HODGDON POWDER COMPANY, INCORPORATED, Plaintiff, v. CLEAN SHOT TECHNOLOGIES, INCORPORATED, Defendant. No. Civ.A. 992265GTV. United States District Court, D. Kansas. March 21, 2000. *1171 Joseph B. Bowman, Mauricio A. Uribe, Shook, Hardy & Bacon L.L.P., Kansas City, MO, for Hodgdon Powder Company, Inc., plaintiff. Todd A. Norris, McAnany, Van Cleave & Phillips, P.A...
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MEMORANDUM AND ORDER Plaintiff originally filed this action in Johnson County District Court against defendant seeking a declaratory judgment terminating the parties’ Business Partner Agreement. On July 8, 1999, defendant removed the action pursuant to 28 U.S.C. § 1441(a) because this court has original diversity jurisdiction pursuant to 28 U.S.C. § 1332. The case is now before the court on defe...
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92 F.Supp.2d 1162 (2000) Ramona L. ROBINSON, Plaintiff, v. RHODES FURNITURE, INC., Defendant. No. Civ.A. 99-2005-GTV. United States District Court, D. Kansas. March 13, 2000. *1163 *1164 Aunna L. Peoples, Peoples Law Office, Kansas City, MO, for plaintiff. Ramona L. Robinson, Kansas City, KS, pro se. Mark D. Hinderks, Stinson, Mag & Fizzell, P.C., Leawood, KS, Patricia A. Konopka, Stinson, Ma...
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92 F. Supp. 2d 1129 (2000) Michaela WATSON, Plaintiff, v. LUCENT TECHNOLOGIES, INC., Defendant. No. Civ.A.98-2494GTV. United States District Court, D. Kansas. March 3, 2000. *1130 Nancy M. Wilson, Niewald, Waldeck & Brown, P.C., Kansas City, MO, Frank B.W. McCollum, E. John Edwards, III, McCollum, Parks & Wilson, L.C., Kansas City, MO, for Michaela Watson, plaintiff. Robert J. Hoffman, Br...
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92 F.Supp.2d 910 (2000) BLH, on behalf of her minor daughters, GEH and AMH, and LB and GB, on behalf of their minor daughter, BMB, Plaintiffs, v. The NORTHWESTERN MUTUAL LIFE INSURANCE COMPANY, Defendant. No. 98 Civ 1487 DDA/FLN. United States District Court, D. Minnesota. March 24, 2000. *911 Linquist & Vennum P.L.L.P. by Robert J. Hennessey, Mark A. Jacobson, Minneapolis, MN, for plaintiffs...
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92 F. Supp. 2d 612 (2000) Homer HOGAN, Plaintiff, v. PETITPREN, INC. EMPLOYEES PROFIT SHARING AND SALARY REDUCTION PLAN and Dean Petitpren, Plan Administrator, Jointly and Severally, Defendants. No. 99-76118. United States District Court, E.D. Michigan, Southern Division. April 6, 2000. *613 Jamil Akhtar, Akhtar & Sucher, Troy, MI, for Plaintiff. Robert M. Vercruysse, William E. Altman, Vercr...
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84 F.Supp.2d 613 (2000) Kang Joo KWAN, individually and as representative of a class, and Se Jeik Park, on behalf of the National Assembly of the Republic of Korea, and The Republic of Korea, Plaintiffs, v. The UNITED STATES of America, Defendant. No. Civ.A. 99-181. United States District Court, E.D. Pennsylvania. February 11, 2000. *614 Michael Choi, Philadelphia, PA, Stewart J. Eisenberg, Phila...
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92 F.Supp.2d 615 (2000) Lorenzo MATTHEWS, Petitioner, v. Joseph ABRAMAJTYS, Respondent. Civil Action No. 98-CV-73319-DT. United States District Court, E.D. Michigan, Southern Division. April 11, 2000. *616 *617 *618 *619 *620 James S. Lawrence, Detroit, MI, for Petitioner. Laura G. Moody, Michigan Dept. of Attorney General, Habeas Corpus Div., Lansing, MI, for Respondent. OPINION AND ORDER GRANT...
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91 F. Supp. 2d 423 (2000) UNITED STATES of America, Plaintiff, v. Derek CAPOZZI, Defendant. No. CRIM. 98-10087-PBS. United States District Court, D. Massachusetts. April 5, 2000. *424 Joan M. Griffin, Casner & Edwards, Matthew A. Kamholtz, Segal & Feinberg, Peter B. Krupp, Lurie & Krupp, LLP, Boston, MA, for Derek Capozzi. Thomas C. Horgan, Boston, MA, Matthew A. Kamholtz, Segal &...
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92 F. Supp. 2d 1228 (2000) GLAZER'S WHOLESALE DRUG CO., INC., et al., Plaintiffs, v. State of KANSAS, et al., Defendants. No. 99-2363-DJW. United States District Court, D. Kansas. April 7, 2000. *1229 Roger M. Theis, John T. Moore, Coy M. Martin, Hinkle Elkouri Law Firm, L.L.C., Wichita, KS, for Plaintiffs. Richard L. Cram, Kansas Department of Revenue, Bureau of Legal Services, Topeka, KS, Laura...
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*622 MEMORANDUM AND ORDER This matter is before the Court upon defendants’ motion for a protective order that their counsel not be deposed by plaintiff (Doc. No. 93). The parties have consented to the exercise of authority by the undersigned United States Magistrate Judge pursuant to 28 U.S.C. § 636(c). Plaintiff seeks relief under the continuation of coverage provisions of the Employee Retireme...
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91 F. Supp. 2d 464 (2000) Claribel PAGAN-CUEBAS, et al., Plaintiffs, v. Roberto VERA-MONROIG, et al., Defendants. No. CIV. 97-2772(DRD). United States District Court, D. Puerto Rico. March 27, 2000. *465 *466 Eliezer Aldarondo-Ortiz, Aldarondo & Lopez Bras, Hato Rey, PR, for counter-claimants. Claudio Aliff-Ortiz, Aldarondo & Lopez Bras, Hato Rey, PR, for defendant. Jose R. Cintron-Rodrig...
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92 F. Supp. 2d 25 (2000) Roberto JULIA, Plaintiff, v. JANSSEN, INC., et. al., Defendants. No. Civ. 96-1768(DRD). United States District Court, D. Puerto Rico. March 21, 2000. *26 Mari C. Bosch-Alomar, McConnell Valdes, San Juan, PR, for defendant. OPINION AND ORDER DOMINGUEZ, District Judge. Pending before this court are two motions for summary judgment submitted simultaneously by Codefendants, ...
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92 F.Supp.2d 8 (2000) GENERADORA DE ELECTRICIDAD DEL CARIBE, INC., et al., Plaintiffs, v. FOSTER WHEELER CORPORATION, et al., Defendants. No. Civ. 94-1405(DRD). United States District Court, D. Puerto Rico. March 16, 2000. *9 Andres Guillemard-Noble, Nachman, Guillemard & Rebollo, San Juan, PR, Harold D. Vicente-Gonzalez, Vicente & Cuevas, Santruce, PR, for plaintiffs. Pedro Jimenez-Rodri...
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91 F.Supp.2d 419 (2000) ST. ELIZABETH'S MEDICAL CENTER OF BOSTON, INC., Plaintiff, v. Donna SHALALA, in her official capacity as Secretary of the United States Department of Health and Human Services, Defendant. No. Civ.A. 98-12621-JLT. United States District Court, D. Massachusetts. March 31, 2000. *420 Andrew C. Griesinger, Mark A. Borreliz, Choate, Hall & Stewart, Boston, MA, for St. Eliza...
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OPINION This matter comes before the Court on an appeal (# 1) by Appellants Paragon Henderson (“Paragon”), Kimball Hill Homes (“Kimball”) and Juhea M. Ness as trustee of the Juhea M. Ness Family Trust (“Ness”) (Paragon, Kimball and Ness are sometimes jointly referred to hereinafter as “Appellants” or “Buyers”) of the bankruptcy court’s Findings of Fact and Conclusions of Law and Judgm...
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OPINION AND ORDER The State of New York (the “State”), by Attorney General Eliot Spitzer, brings this civil action pursuant to state and federal antitrust laws against defendants St. Francis Hospital (“StFrancis”), Vassar Brothers Hospital (“Vassar”) and Mid-Hudson Health (“Mid-Hudson”). The State claims that St. Francis and Vassar, through their agent Mid-Hudson, fixed the rates, ter...
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OPINION AND ORDER The State of New York (the “State”), by Attorney General Eliot Spitzer, brings this civil action pursuant to state and federal antitrust laws against defendants St. Francis Hospital (“St.Francis”), Vassar Brothers Hospital (“Vassar”) and Mid-Hudson Health (“Mid-Hudson”). The State claims that St. Francis and Vassar, through their agent Mid-Hudson, fixed the rates, te...
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91 F. Supp. 2d 733 (2000) GENERAL MOTORS CORP., Chevrolet Motor Division, Plaintiff/Counterclaim, Defendant, v. The NEW A.C. CHEVROLET, INC. d/b/a NEW A.C. CHEVROLET, Defendant/Counterclaimant. No. CIV.98-112. United States District Court, D. New Jersey. March 8, 2000. *734 Alicia Downey, Bingham Dana, LLP, Boston, MA, Lois Goodman, Carpenter, Bennett & Morrissey, Newark, NJ, for Plaintiff. M...
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89 F. Supp. 2d 782 (2000) G.E. POWER SYSTEMS, INC. v. INDUSTRIAL MARITIME CARRIERS (BAHAMAS) INC., AS. No. CIV. A. 99-0240. United States District Court, E.D. Louisiana. April 3, 2000. Machale Andrew Miller, Iliaura Hands, Miller & Williamson LLC, New Orleans, LA, for Plaintiff. Jason P. Waguespack, Christina I. Sprecher, Michael J. Demar, Galloway, Johnson, Tompkins & Burr, New Orleans, ...
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ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT Before the Court are Defendant’s Motion for Summary Judgment and Brief in Support (docket no. 46), plaintiffs response (docket no. 49) and defendant’s reply (docket no. 50). After careful consideration of the motion, response and reply, the pleadings on file and the entire record in this case, the Court is of the opinion the motion sh...
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92 F. Supp. 2d 582 (2000) Steve H. CROOKS, in his capacity as Clerk of Court for LaSalle Parish v. CERTIFIED COMPUTER CONSULTANTS, INC. No. Civ.A. 00-0066. United States District Court, W.D. Louisiana, Alexandria Division. March 7, 2000. *583 *584 Robert G. Nida, Valerie M. Thompson, Gold Weems, Alexandria, LA, for Steve H. Crooks, plaintiff. Joseph L. Lemoine, Jr, Jesse D. Lambert, Onebane Berna...
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91 F.Supp.2d 910 (2000) VISITOR INDUSTRIES PUBLICATIONS, INC. v. NOPG, L.L.C., et al. No. CIV. A. 99-2543. United States District Court, E.D. Louisiana. April 3, 2000. *911 Richard K. Leefe, Leefe, Gibbs & Koehler, Metairie, LA, for plaintiff. Benjamin Richard Slater, III, Anne Elise Brown, Slater Law Firm, New Orleans, LA, for NOPG, L.L.C. C.L. Hanes, Hollywood Beach, FL, pro se. Richard Joh...
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109 F.Supp.2d 486 (2000) In the Matter of CUDD PRESSURE CONTROL, INC. as Owner of and/or Operator of M/V HOUMAS for Exoneration from or Limitation of Liability. No. CIV. A. 98-585. United States District Court, E.D. Louisiana. April 7, 2000. *487 John C. Enochs, Degan, Blanchard & Nash, New Orleans, LA, Michael H. Bagot, Jr., thomas Arnoult Rayer, Jr., Wagner & Bagot, New Orleans, LA, for...
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MEMORANDUM OPINION AND ORDER THIS MATTER comes before the Court upon Capital One’s Motion for Judgment on the Pleadings, filed February 24, 2000 (Doc. 24). This case is based on Plaintiffs claim that Capital One violated the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. §§ 1692-1692o by sending Plaintiff a debt validation notice for a debt which Capital One knew was...
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MEMORANDUM ORDER This is a sex discrimination action brought against the Wichita Eagle, which has filed the current motion for summary judgment. The plaintiff Rita Timmermeyer alleges that the defendant discriminated against her in refusing to promote her. The court has reviewed the arguments and evidence submitted by the parties and concludes that the motion for summary judgment must be gran...
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MEMORANDUM AND ORDER Steve Frazier brings this employment discrimination action against his former employer, Charles E. Simmons, Secretary of the Kansas Department of Corrections, for alleged violations of the Americans with Disabilities Act (ADA). Specifically, Frazier claims that the defendant failed to reasonably accommodate his disability, Multiple Sclerosis, and that the defendant te...
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92 F.Supp.2d 949 (2000) Jerome JONES, et al., Plaintiff, v. CITY OF ST. LOUIS, et al., Defendant. No. 4:98 CV 2158 DDN. United States District Court, E.D. Missouri, Eastern Division. March 23, 2000. Peggy Hardge-Harris, Hardge-Harris Law Office, St. Louis, MO, Robert G. Constantinou, St. Louis, MO, for plaintiffs. Steven N. May, St. Louis City Counselor Office, St. Louis, MO, for defendants. MEM...
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92 F.Supp.2d 945 (2000) Bonnie L. GEISSAL, Plaintiff, v. MOORE MEDICAL CORP., et al., Defendant. No. 4:94 CV 1263 DDN. United States District Court, E.D. Missouri, Eastern Division. March 23, 2000. S. Sheldon Weinhaus, Weinhaus and Dobson, St. Louis, MO, for Plaintiff. Kathi L. Chestnut, Edward M. Goldenhersh, Vice-President, Daniel J. Schwartz, Greensfelder and Hemker, St. Louis, MO, Stephen Rob...
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89 F.Supp.2d 1079 (2000) Linda E. MEDLOCK, Plaintiff, v. CITY OF ST. CHARLES, Defendant. No. 4:99 CV 822 DDN. United States District Court, E.D. Missouri, Eastern Division. March 24, 2000. *1080 Katherine P. Scannell, Bartley and Goffstein, Clayton, MO, for Linda E. Medlock, plaintiff. Linda E. Medlock, St. Charles, MO, plaintiff pro se. Robert J. Krehbiel, Evans and Dixon, St. Louis, MO, for St....
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MEMORANDUM AND ORDER DENYING PLAINTIFF’S AMENDED MOTION FOR CLASS CERTIFICATION Plaintiff Patricia A. Adams brings this diversity action individually, and on behalf of all others alleged to be similarly situated, against defendant Kansas City Life Insurance Company (KCL). She asserts various common law tort and contract claims in connection with KCL’s sale of a “vanishing premium” life insuranc...
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92 F. Supp. 2d 1111 (2000) PETROGULF CORPORATION, Plaintiff, v. ARCO OIL & GAS COMPANY, and Vastar Resources, Inc., Defendants. No. CIV.A. 00-B-34. United States District Court, D. Colorado. April 5, 2000. *1112 Keith D. Tooley, Brian S. Tooley, Welborn,, Sullivan, Meck & Tooley, P.C., Denver, CO, for Plaintiff. Peter A. Bjork, John P. Baker, David Little, Bjork, Linkley, Danielson & ...
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91 F. Supp. 2d 781 (2000) N.A.M.I. (NATIONAL ALLIANCE OF MENTALLY ILL OF ESSEX), et al., Plaintiffs, v. ESSEX COUNTY BOARD OF FREEHOLDERS, et al., Defendants. No. CIV.99-4605. United States District Court, D. New Jersey. April 11, 2000. *782 David B. Wasserman, Wasserman & Schachman, Bloomfield, NJ, for Plaintiffs. Warren B. Kasdan, Schwartz, Tobia, Stanziale, Rosensweig & Sedita, P.A., M...
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OPINION AND ORDER Plaintiff Michele Shepard brings this case against her former employer, Frontier Communications Services, Inc. (“Frontier”) and her former supervisor, Michael Zufall, alleging sexual harassment and retaliatory termination in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. (“Title VII”), the United States and New York State...
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91 F. Supp. 2d 704 (2000) UNITED STATES of America v. Monty J. BUTTERFIELD (doing business as Radio Free Vermont). No. CIV.2:99-CV-242. United States District Court, D. Vermont. February 15, 2000. *705 Joseph Robert Perella, Asst. U.S. Atty., Office of United States Attorney, District of Vermont, Burlington, VT, for U.S. Monty J. Butterfield, Rutland, VT, pro se. MEMORANDUM AND ORDER SESSIONS, D...
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*864 OPINION AND ORDER GRANTING, IN PART, PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT; DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT, AND; DENYING PLAINTIFFS’ OBJECTION AS MOOT Plaintiffs General Motors Corporation (“GMC”), Woodbridge Corporation, Wood-bridge Foam Corporation, and Cartex Corporation (collectively ‘Woodbridge”) move for summary judgement of: (1) defendant Paramo...
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MEMORANDUM This case is before the Court on appeal from the United States Bankruptcy Court for the Eastern District of Tennessee. Plaintiff-Appellant Joseph B. Kirk appeals from an order of the bankruptcy court denying Kirk’s Motion to Strike, denying Kirk’s Motion to Remand and granting the motion of Defendant-Appellee William T. Hendon to dismiss (Rec. 22). For the following reasons...
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MEMORANDUM This case is before the Court on cross motions for summary judgment. Plaintiffs Johnny L. Anderson, Abe Hayes, Jr., Wendell Maupin, and Timothy L. Winder, filed a Motion for Partial Summary Judgment (Court File No. 16) and supporting brief (Court File No. 17). Defendant the City of Cleveland, Tennessee (“City”) filed a response (Court File No. 22). The City also filed its o...
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ORDER GRANTING DEFENDANTS’ MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION WITH PREJUDICE I. Background A. Factual Summary This action is brought by Plaintiffs, Darrell L. Smeltzer, George R. Gutierrez, *1097 Humberto Diaz, California State Legislative Board, United Transportation Union (Collectively, “Plaintiffs”), against Defendants, Honorable Ro...
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MEMORANDUM This matter comes before the Court on the motion of pro se petitioner 1 David Mayes (“Mayes”) to vacate, set aside or correct his sentence pursuant to 28 U.S.C. § 2255 (Court File No. 1, Petition). Pursuant to the Court’s Order, the United States filed a response to petitioner’s motion (Court File No. 6, Government’s Response). The underlying criminal case in this Court was Un...
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92 F.Supp.2d 1159 (2000) Brian L. SNODDERLY, Plaintiff, v. The State of KANSAS and Bev Heinrich, Defendants. No. 96-4044-SAC. United States District Court, D. Kansas. March 9, 2000. Brock R. Snyder, Law Office of Brock R. Snyder, Topeka, KS, for Plaintiff. Michael D. Burrichter, Kansas Dept. of Revenue Legal Services, Topeka, KS, *1160 Frank S. Reeb, Johnson County Legal Dept., Olathe, KS, M.J. W...
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MEMORANDUM AND ORDER On September 21, 1999, the plaintiff, Timothy Paul Oblander, commenced this declaratory action in federal court. The plaintiff is represented by William K. Rork. On April 2, 1999, Oblander, a former deputy sheriff for Shawnee, County, Kansas, was charged in Shawnee County, Kansas, state district court with six counts of perjury. On May 28, 1999, Judge Parrish, the sta...
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92 F. Supp. 2d 1197 (2000) Thelma CULLER, Plaintiff, v. Kenneth S. APFEL, Commissioner of Social Security, Defendant. No. 96-4164-SAC. United States District Court, D. Kansas. March 27, 2000. Thelma I. Culler. Colony, KS, pro se. Larry O. Denny, Houske & Rollins, P.C., Kansas City, MO, pro se. Jackie A. Rapstine, Office of U.S. Atty., Topeka, KS, for Defendant. MEMORANDUM AND ORDER CROW, Sen...
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MEMORANDUM AND ORDER This matter is before the court on the defendant’s Motion for Judgment as a Matter of Law and Alternative Motion for a New Trial (Docs. 146 and 218). For the reasons set forth below, the court denies both motions. I. FACTUAL BACKGROUND Guillermo Sanjuan (“Sanjuan”) brought this action alleging that he was fired from his job at IBP, Inc. (“IBP”) in retaliation for exer...
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96 F. Supp. 2d 1167 (2000) Roy L. JENSEN, Petitioner, v. Edward E. BOUKER, Judge, District Court of Ellis County, and Glenn Braun, County Attorney, Ellis County, and Carla Stovall, Kansas Attorney General, Respondents. Nos. 97-3032-DES, 97-3033-DES. United States District Court, D. Kansas. March 13, 2000. *1168 Michael S. Holland, Holland & Holland, Russell, KS, for Roy L Jensen, petitioner. ...
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DECISION AND ORDER Plaintiff, Veline William Hicks (“Hicks”), acting pro se, commenced this action pursuant to 42 U.S.C. § 1983. Plaintiff alleges that defendant, Corrections Officer Paul Weed (“Weed”) violated his constitutional rights while he was incarcerated at the Southport Correctional Facility. Pending before me are the parties’ motions for summary judgment. 1 BACKGROUND On Dec...
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*502 MEMORANDUM OF DECISION AND ORDER The Plaintiffs filed this action seeking, among other things, an injunction against the Defendant United States Postal Service preventing it from implementing a plan to consolidate ZIP codes for the hamlets of Hauppauge, Ronkonkoma, and Central Islip into the ZIP code for Islandia, New York. On March 3, 2000, this Court denied the Plaintiffs’...
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DECISION AND ORDER Plaintiff, Michael G. Potter, commenced this action under the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12101 et seq., and the Age Discrimination in Employment Act (“ADEA”), 42 U.S.C. § 621 et seq. Plaintiff alleges that his former employer, defendant Xerox Corporation (“Xerox”), and defendant Health International, Inc. (“HI”), which...
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MEMORANDUM OF DECISION AND ORDER On October 13, 1999, the plaintiff Stephen R. Steinberg, Esq. (the “plaintiff’ or “Steinberg”), commenced this action in New York Supreme Court, Suffolk County (Index No. 99-23926). On November 24, 1999, pursuant to 28 U.S.C. §§ 1441 and 1446, Nationwide Mutual Insurance Company (“Nationwide”), Richard D. Crabtree (“Crabtree”), and Gordon E. McCutcheon...
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OPINION AND ORDER I. Introduction Aerotel, Ltd. is a corporation organized under the laws of Israel with its principal place of business in Israel. See Amended Complaint (“Am.Cmpl.”), attached as Exhibit G to the Declaration of John Fuisz, defendants’ attorney, in Support of Defendant Sprint Corporation’s Motion to Dismiss and/or Transfer and for a Protective Order Sta...
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MEMORANDUM AND ORDER Plaintiff Northern Light Technology Incorporated, which owns the NORTHERN LIGHT (R) trademark, alleges defendants Northern Lights Club, Jeff Burgar, and 641271 Alberta Ltd. infringed the NORTHERN LIGHT (R) trademark, cy-berpirated the NORTHERN LIGHT (R) trademark, and unfairly competed with the Plaintiff through the use of a World Wide Web site at the address of w...
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OPINION On November 1, 1999, a jury found defendant PAJ, Inc. (“PAJ”) liable for copyright infringement, trade dress infringement under the Lanham Act, and common law unfair competition. In separate motions, PAJ has moved (1) to set aside the jury’s verdict concerning damages or, alternatively, for a new trial or remittitur of damages; and (2) for judgment as a matter of law on certai...
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84 F. Supp. 2d 675 (2000) Richard GROSS, et al. v. KING DAVID BISTRO, INC. No. CIV. JFM-97-4037. United States District Court, D. Maryland, at Baltimore. February 1, 2000. *676 Jeffrey R. Scholnick, Law Office, Towson, MD, Jeffrey M. Kornblau, Lynn Sare Kornblau, Kornblau & Kornblau, P.C., Jenkintown, PA, for Plaintiffs. Heather S. O'Connor, Eccleston & Wolf, Helen Elizabeth Bowlus, J. Jo...
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DECISION AND ORDER Preliminary Statement This is an action brought by plaintiff, Beth Corchado, on behalf of her son, Sa-drach Corchado, (Sadrach) pursuant to the Individual with Disabilities Education Act (the “IDEA”), 20 U.S.C. § 1400 et seq., seeking review of a denial of educational benefits. The sole issue before this Court is whether Sadrach, a fourth grade student attending public ...
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MEMORANDUM Plaintiff Tawoos Bazargani, a former psychiatrist on staff at defendant Haver-ford State Hospital 1 (“Haverford” or “the hospital”), brought this employment discrimination action alleging that Haverford discriminated against her based upon her national origin and her religion in violation of Title VII of the Civil Rights Act of 1964 (“Title VII”), as amended, 42 U.S....
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98 F. Supp. 2d 625 (2000) Margaret WILLIAMS v. Kenneth S. APFEL, Commissioner, Social Security Admin. Civil Action No. 98-3039. United States District Court, E.D. Pennsylvania. March 30, 2000. *626 Sharon Gornstein, Leventhal and Sutton, Langhorne, PA, for plaintiff. Patricia M. Smith, Assistant U.S. Attorney's Office of General Counsel, Region II, Philadelphia, PA, Rafael Melendez, Social Securi...
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MEMORANDUM This diversity case concerns a $93,506.45 treasurer’s check that was allegedly issued by a predecessor of PNC Bank (“PNC”), whose principal place of business is Pennsylvania, and was made payable to Elmer and Margaret Gress, who reside in New York. The complaint presents six counts, which, in turn, present two basic allegations: first, that PNC wrongfully retains or has already...
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MEMORANDUM AND OPINION Defendant, William Douglas Roberts, is charged with two counts of possession of *680 child pornography, in violation of 18 U.S.C. §§ 2252 and 2256. Pending before this court is defendant’s motion to suppress evidence seized and statements made during an August 25, 1998 search of his person and personal effects. (Docket Entry No. 15). Based on the motion, the evidence, t...
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MEMORANDUM DECISION AND ORDER The parties have consented to have the undersigned conduct any and all further proceedings in this case, including the entry of final judgment, in accordance with 28 U.S.C. § 686(c). This action is before this Court having been remanded from the United States Court of Appeals for the Second Circuit with a mandate to determine solely the effect of New York...
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94 F.Supp.2d 626 (2000) Carol A. DIBERARDINIS-MASON and Roy R. Mason, h/w v. SUPER FRESH, also t/a The Great Atlantic & Pacific Tea Co., Inc. No. CIV. A. 99-3410. United States District Court, E.D. Pennsylvania. April 14, 2000. *627 Faye Riva Cohen, Cohen and Cohen Associates, Philadelphia, PA, for plaintiffs. Linda M. Barone, Sara A. Begley, Reed, Smith, Shaw & McClay, Philadelphia, PA, ...
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MEMORANDUM Petitioner Donald Terry, a state prisoner, has filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Presently before the court is the Report and Recommendation of the Magistrate Judge recommending that the petition be denied and dismissed. In arriving at that recommendation, the Magistrate Judge found that three of petitioner’s claims were without substantiv...
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94 F.Supp.2d 623 (2000) Wayne J. PERRY d/b/a/ Wayne J. Perry Photographic Design, Plaintiff, v. SONIC GRAPHIC SYSTEMS, INC., and Bradley Konia, and Network Analysis Group, Inc. of the Commonwealth of Pennsylvania, Defendants. No. CIV. A. 98-2084. United States District Court, E.D. Pennsylvania. April 11, 2000. *624 Bart D. Cohen, Berger & Montague, P.C., Philadelphia, PA, for Plaintiff. Sigmu...
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94 F.Supp.2d 616 (2000) Wayne J. PERRY d/b/a/ Wayne J. Perry Photographic Design, Plaintiff, v. SONIC GRAPHIC SYSTEMS, INC., and Bradley Konia, and Network Analysis Group, Inc. of the Commonwealth of Pennsylvania, Defendants. No. CIV.A. 98-2084. United States District Court, E.D. Pennsylvania. April 11, 2000. *617 Bart D. Cohen, Berger & Montague, P.C., Philadelphia, PA, for Plaintiff. Sigmun...
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MEMORANDUM-DECISION & ORDER Defendant Consolidated Rail Corporation (“Conrail”) presently moves the Court for partial summary judgment precluding Plaintiff from seeking recovery pursuant to the Federal Employers’ Liability Act (“FELA”), 45 U.S.C. § 51 et seq., for future wages and benefits that accrued after his discharge from the company for alleged insubordination. The Court ...
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96 F. Supp. 2d 394 (2000) In re CENDANT CORPORATION DERIVATIVE ACTION LITIGATION. No. 98CV1998. United States District Court, D. New Jersey. April 14, 2000. *395 Bruce Gerstein Garwin, Bronzaft, Gerstein & Fisher, Barry S. Taus, Brett Cebulash, Kevin S. Landau, Garwin, Bronzaft, Gerstein & Fisher. L.L.P., New York City, Elwood S. Simon, John P. Zuccarini, Elwood S. Simon & Associates,...
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94 F. Supp. 2d 1060 (2000) SMART INVENTIONS, INC., Plaintiff, v. ALLIED COMMUNICATIONS CORP., a Florida corporation; International Brands Marketing, Inc., a Florida corporation; International Brand Management LLC, a Delaware limited liability company, Defendants. No. CV 00-00780 ABC. United States District Court, C.D. California. March 20, 2000. *1061 *1062 *1063 *1064 Loeb & Loeb, Stephen R....
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OPINION This action was filed by plaintiff Indian tribes1 in 1990 and originally was assigned to Hon. Benjamin F. Gibson. The complaint alleged that defendant State of Michigan acting through Governor John M. Engler had failed to negotiate with them in good faith regarding the formation of Tribal-State compacts, as required the Indian Gaming Regulatory Act (“IGRA”), 25 U.S.C. § 2710(d)(3)(A). Th...
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MEMORANDUM AND ORDER Carolyn France (“Claimant”) has filed this appeal from the final decision of the Commissioner of Social Security (the “Commissioner”) denying her application for Supplemental Security Income benefits (“SSI”). She has exhausted her administrative remedies, and review by this Court is appropriate. The parties have consented to proceed before a magistrate judge, pursuant...
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94 F.Supp.2d 1330 (2000) Tiffany THOMAS, et al., Plaintiffs, v. CLAYTON COUNTY, GEORGIA, et al., Defendants. No. Civ.A.1:97CV1517AJEC. United States District Court, N.D. Georgia, Atlanta Division. February 17, 2000. *1331 Torin Dana Togut, Office of Torin D. Togut, Roswell, GA, Michael Raymond Hauptman, Office of Michael R. Hauptman, Atlanta, GA, Gerald R. Weber, Robert Lo-Pei Tsai, American Civi...
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92 F.Supp.2d 424 (2000) John A. ROWLES, Plaintiff, v. AUTOMATED PRODUCTION SYSTEMS, INC., and William Donohue, individually and in his official capacity as President of Automated Production Systems, Defendants. No. Civ.1:CV-98-0707. United States District Court, M.D. Pennsylvania. March 29, 2000. *425 Lisa M. Rau, Kairys, Rudovsky, Epstein, Messing & Rau, Philadelphia, PA, Thomas H. Earle, Di...
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OPINION This is a case brought pursuant to the Miller Act, 40 U.S.C. § 270b, to collect on a payment bond issued in connection with a construction project that took place at the Brookhaven National Laboratory (“BNL”). The use plaintiff, hereinafter referred to as the plaintiff, is AWL, Industries, Inc. (“AWL”). 1 AWL seeks to recover payments allegedly due pursuant to its s...
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96 F. Supp. 2d 460 (2000) William TURNER, Yvonne Ruffin, James Oeschle and Gladys Woodward, on behalf of themselves and others similarly situated, v. CITY OF PHILADELPHIA and Thomas Costello, Prisons Commissioner. No. CIV. A. 98-2990. United States District Court, E.D. Pennsylvania. April 17, 2000. Richard P. Coe, Jeffrey A. Guth, Law Dept., City of Philadelphia, Philadelphia, PA, for Plaintiffs....
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MEMORANDUM OPINION AND ORDER Presently before the Court are the following motions filed by Plaintiff: (1) Motion to Compel Production of Documents Transmitted to David Olson of Donaldson, Lufkin & Jenrette [311-1]; (2) Motion to Compel Production of Documents for Which Defendants Have Failed to Establish the Attorney-Client Privilege [310-1]; (3) Motion to Compel Production of Documents Relating ...
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Memorandum of Opinion and Order Introduction This matter is before the Court upon defendant’s Motion for Summary Judgment Based upon Freedom of Speech and Expression (Doc. 27), defendant’s First Partial Motion for Summary Judgment Regarding Lack of Customer Confusion (Doc. 28), plaintiffs Cross Motion for Summary Judgment Based upon Freedom of Speech and Expression - (Doc. 56) and plainti...
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91 F. Supp. 2d 1253 (2000) Christopher A. PFEIFER, Plaintiff, v. CITY OF WEST ALLIS, Defendant. No. 99-C-0653. United States District Court, E.D. Wisconsin. April 10, 2000. *1254 *1255 Mathew Staver, for plaintiff. Sheryl Kuhary, Milwaukee, WI, for defendant. DECISION AND ORDER ADELMAN, District Judge. Plaintiff Christopher A. Pfeifer brings this action under 42 U.S.C. § 1983 to challenge the re...
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MEMORANDUM AND ORDER This matter is before the court on a petition for writ of habeas corpus filed under 28 U.S.C. § 2254 by a prisoner in the custody of the State of Kansas. Petitioner was convicted by a jury in 1994 on charges of possession of cocaine, possession of drug paraphernalia, failure to pay the Kansas drug stamp tax, and driving as a habitual violator. The Kansas Court of Appeals af...
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92 F.Supp.2d 1174 (2000) Doris G. REECE, Plaintiff, v. Kenneth S. APFEL, Commissioner of Social Security, Defendant. No. 98-4162-DES. United States District Court, D. Kansas. March 23, 2000. *1175 Lowell C. Paul, Kansas Legal Services, Inc., Topeka, KS, Patrick H. Donahue, The Midland Group, Kansas City, MO, for Doris G. Reece, plaintiff. Jackie A. Rapstine, Office of United States Attorney, Tope...
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MEMORANDUM OPINION This matter is before the Court on defendant’s motion to dismiss for lack of personal jurisdiction and proper venue or, alternatively, to transfer the action to the District of South Carolina. Facts Plaintiff I.M.D. USA, Inc. (“IMD”) is a diamond wholesaler located in New York City. In August 1998, one of its officers met the defendant, Shai Shalit, at a s...
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92 F. Supp. 2d 689 (2000) KOBILL AIRWAYS LTD., Plaintiff, v. NATIONAL FLIGHT SERVICES, INC., et al., Defendants. No. 3:99 CV 7693. United States District Court, N.D. Ohio, Western Division. April 6, 2000. *690 Alan J. Lehenbauer, McQuades Company, Swanton, OH, Lawrence S. Novak, Uniondale, NY, for Plaintiff. Jay Bernard Eggspuehler, Wiles, Boyle, Burkholder & Bringardner, Columbus, OH, David ...
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*705 OPINION Defendant Milton Bernard Patty has been charged with one count of attempted possession with intent to distribute cocaine in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(B)(ii), and 846, based upon evidence discovered during the search and seizure of one United Parcel Service . (“UPS”) parcel and a subsequent controlled delivery of the seized parcel. This matter...
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OPINION Defendants the City University of New York (“CUNY”), Samuel Phillips (“Phillips”), Eric Washington (‘Washington”), Carolyn Williams (“Williams”), Leo Corbie (“Corbie”), Martin Pulver (“Pulver”), Shelley Levy (“Levy”), Geraldyne Diallo (“Diallo”), Maher Mobasher (“Mobasher”), and Rebeca Martinez (“Martinez”) (collectively, “Defendants”) have moved, pursuant to Rule 56, Fed.R.Ci...
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MEMORANDUM-DECISION & ORDER Defendants/Third-Party Plaintiffs General Motors Corporation, General Motors Corporation Central Foundries Division, General Motors Corporation Power Train Division (“General Motors”) and OHM Remediation Services, Corp.1 (“OHM”) (collectively “Defendants” or “Third-Party Plaintiffs”) presently move the Court for summary judgment seeking full contractual indemnification...
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DECISION AND ORDER INTRODUCTION Plaintiffs are members and trustees of Niagara-Genesee & Vicinity Carpenters Local 280 (“Local 280”) who have brought an action for damages and injunctive relief against certain trustees, officers, and managers of Local 280’s welfare and pension plans (“the plans”). On April 14, 1998, defendants Santo S. Scrufari (“Scru-fari”) and Gordon J. Knapp (“Kna...
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*302 DECISION AND ORDER INTRODUCTION Plaintiff Federal Deposit Insurance Corporation (“the FDIC”), acting as receiver for Empire Federal Savings Bank of America (“Empire”) and as successor in interest to Resolution Trust Company (“the RTC”), has brought this motion to strike certain affirmative defenses asserted by defendant Massachusetts Mutual Life Insurance Company (“Mass...
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92 F. Supp. 2d 1055 (2000) Patrick C. HOEFER, Plaintiff, v. FLUOR DANIEL, INC., et al. Defendants. No. SACV98447-GLT[KY]. United States District Court, C.D. California. April 7, 2000. Dean Pace, Pace & Rose, Los Angeles, CA, for Plaintiff. Donovan Cocas, Munger, Tolles & Olson LLP, Los Angeles, CA, for Defendant. REVISED ORDER GRANTING IN PART DEFENDANTS' MOTION TO DISMISS TAYLOR, Distri...
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ORDER Before the Court are Plaintiffs’ Motion for Class Certification and supporting memorandum (Dkts. 48 and 67), the response of Honeywell, Inc. (Honeywell) (Dkt. 68), Plaintiffs’ Amended Motion for Class Certification (Dkt. 88), Honeywell’s memorandum in opposition (Dkt. 89), and the volumes of declarations, affidavits, depositions, employment guidelines, statistical reports, notices of supp...
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89 F. Supp. 2d 1014 (2000) Peter C. STEARNS, on behalf of himself and all others similarly situated, Plaintiffs, v. NAVIGANT CONSULTING, INC.; Robert P. Maher; Timothy D. Kingsbury; Barry S. Cain; Stephen J. Denari; and Charles A. Demirjian, Defendants. No. 99 C 7617. United States District Court, N.D. Illinois, Eastern Division. March 28, 2000. C. Philip Curley, Fay Clayton, John D. Cummins, Jr....
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DECISION AND ORDER INTRODUCTION Plaintiff Paul E. Crane alleges that defendant, the Secretary of the Army, violated the Administrative Procedure Act (“APA”), 5 U.S.C. § 551, and his constitutional right to due process by involuntarily dismissing him from the United States Army. Defendant moves to dismiss plaintiffs complaint. Plaintiff opposes and cross-moves for summary judgment. For the r...
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DECISION AND ORDER INTRODUCTION Pursuant to the Federal Employers Liability Act (“the FELA”), 45 U.S.C. § 51 et *313 seq., and the Federal Safety Appliances Act (“FSAA”), 49 U.S.C. § 20301 et seq., plaintiff Norman Paul (“Paul”) commenced this action in May of 1998 against Genesee & Wyoming Industries, Inc. (“G & W Industries”), ...
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DECISION AND ORDER INTRODUCTION In the present action, plaintiffs Buffalo Carpenters Pension Fund and Buffalo Carpenters Health Care Fund (“plaintiffs” or “plaintiff funds”) allege that defendants CKG Ceiling and Partition Co., Inc. (“CKG”) and Charles Stephan violated certain collective bargaining agreements by failing to pay required contributions to the plaintiff funds. Item 1. Presently befor...
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DECISION AND ORDER INTRODUCTION On December 20, 1991, plaintiffs Conrad, Lisman, and Belote, as representatives of a purported class (“plaintiffs”), commenced this action against Cesar Pe-rales (“the Commissioner”), both individually and in his official capacity as Commissioner of the New York State Department of Social Services (“NYS DSS”). Plaintiffs allege that in 1989, the Commis...
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MEMORANDUM AND ORDER Jeri-Jo requests this Court issue a contempt citation against the defendants for violating the Court’s orders. On July 15, 1999, this Court granted Jerri-Jo’s motion for summary judgment on its Lanham Act claims. The order specifically states, “Plaintiffs are entitled to injunctive relief based on my finding that defendant’s have infringed plaintiffs’ ENERGIE trademark.” ...
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ORDER DISMISSING COUNT V OF PLAINTIFFS’ COMPLAINT AND REMANDING REMAINING COUNTS TO STATE COURT THIS CAUSE is before the Court upon Defendant’s motion to dismiss counts I, II and V of Plaintiffs’ complaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. For the reasons that follow, Defendant’s motion is granted with respect to count V. Further, because the sole basis for fe...
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MEMORANDUM OPINION Plaintiff, Denise Naidu, filed suit to recover damages for injuries allegedly suffered when she slipped and fell while descending a staircase at a building within Fort Hancock, a National Historic Landmark. This case is now before the Court on defendant’s motion to dismiss. Defendant, the United States, moves to dismiss, pursuant to Rule 12(b)(1) of the Federal Rules of Civ...
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92 F.Supp.2d 801 (2000) Jeffrey DABNEY, Petitioner, v. Ron ANDERSON, Respondent. No. 3:99CV0577 AS. United States District Court, N.D. Indiana, South Bend Division. March 30, 2000. Jeffrey Dabney, Michigan City, IN, petitioner pro se. Michael L. Parkinson, Lafayette, IN, for Jeffrey Dabney, petitioner. Keith C. Norwalk, Indiana Attorney General, Indianapolis, IN, for Ron Anderson, respondent. ME...
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MEMORANDUM AND ORDER By petition dated February 26, 1996, Lloyd Alvarez (“Alvarez”) seeks a writ of habeas corpus pursuant to 28 U.S.C. § 2254. This Court referred his petition to Magistrate Judge Marilyn Dolan Go, who issued a Report and Recommendation (“R & R”) on January 19, 2000, recommending that the petition be denied. 1 In the R & R, Magistrate ...
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OPINION AND ORDER I.INTRODUCTION AND BACKGROUND Because jurisdiction in the above-captioned case hinges on whether Plaintiffs have a cause of action under the Emergency Medical Treatment and Active Labor Act (“EMTALA”), 42 U.S.C. § 1395dd, the Court ordered the parties to submit briefs on whether Plaintiffs have an alleged cause of action under EMTALA. The Court has before it the mem...
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92 F. Supp. 2d 1253 (2000) Larry GRAVES, Plaintiff, v. NATIONAL RAILROAD PASSENGER CORPORATION, dba Amtrak, Defendant. No. 2:97-CV-0084-S. United States District Court, D. Utah, Central Division. March 30, 2000. *1254 Richard I. Ashton, Troy K. Walker, Ashton Braunbergr & Boud PC, Sandy, UT, for Plaintiff. E. Scott Savage, David P. Williams, Casey K. McGarvey, Jonathan I. Saperstein, Berman, ...
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92 F.Supp.2d 926 (2000) CARGO PROTECTORS, INC., Plaintiff, v. AMERICAN LOCK COMPANY, Defendant. Civil No. 00-284 ADM/AJB. United States District Court, D. Minnesota. April 11, 2000. *927 *928 Randall T. Skaar, Norman M. Abramson, Eric H. Chadwick, Patterson & Keough, P.A., Minneapolis, MN, for plaintiff. Robert M. Ward, Lewis T. Steadman, Jr., Michael S. Leonard, Hill & Simpson, P.C., Chi...
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92 F.Supp.2d 1216 (2000) Michael L. McGINLEY, Plaintiff, v. FRANKLIN SPORTS, INC., Defendant. No. 98-2225-JWL. United States District Court, D. Kansas. April 5, 2000. *1217 Karen D. Renwick, Thomas V. Bender, Kip D. Richards, Walters, Bender, Strohbehn & Vaughan, P.C., Kansas City, MO, for Plaintiff. Joseph B. Bowman, Shana J. Long, Daniel P. Devers, Shook, Hardy & Bacon, L.L.P., Kansas C...
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92 F. Supp. 2d 1 (2000) UNITED STATES of America v. Kristen GILBERT. No. Crim. 98-30044-MAP. United States District Court, D. Massachusetts. April 11, 2000. Joseph P. Pessolano, Kelly, Pessolano, Dusel & Murphy, Springfield, MA, for plaintiff. David P. Hoose, Katz, Sasson & Hoose, Springfield, MA, Harry L. Miles, Green, Miles, Lipton, White & Fitz-Gibbon, Northampton, MA, for defendan...
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91 F. Supp. 2d 435 (2000) Alexis M. HERMAN, Secretary of Labor, United States Department of Labor, Plaintiff, v. HECTOR I. NIEVES TRANSPORT, INC., a corporation; and Hector I. Nieves Rivera, individually and as President; and Luz M. Rosendo De Nieves, individually and as Secretary and Treasurer, Defendants. No. Civ. 96-2479JAF. United States District Court, D. Puerto Rico. February 15, 2000. *436...
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OPINION AND ORDER This case is a good example of the typical thicket of claims and arguments that can flourish from a pro se prisoner’s understandable effort to save his complaint from doom. Surprisingly, the Commonwealth of Puerto Rico Department of Justice, in representing defendants Gladys Rivera Correa and José L. Maldonado, has contributed to thicken this thicket. Pending is the Magistrate J...
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MEMORANDUM OPINION AND ORDER AFFIRMING MAGISTRATE JUDGE’S ORDER Defendant filed an objection to the Magistrate Judge’s Order entitled “Objections To Proposed Findings And Recommendations By Magistrate Judge Granting In Part Plaintiffs Motion To Compel Discovery”.1 The Court ORDERS that the objection is DENIED. Accordingly, the Court AFFIRMS the Magistrate Judge’s Order.2 I. FACTS AND PROCEDURA...
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MEMORANDUM OPINION AND ORDER AFFIRMING MAGISTRATE JUDGE’S ORDER Defendant filed an objection to the Magistrate Judge’s Order entitled “Objection To Proposed Findings And Recommendations By Magistrate Judge That Documents Reviewed In Camera Are Discoverable and Granting In Part Plaintiffs Motion To Compel Discovery.”1 The Court ORDERS that the objection is DENIED. Accordingly, the Court AFFIRMS ...
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92 F.Supp.2d 1186 (2000) Reginal TONEY, Plaintiff, v. Andrew CUOMO, Secretary of the United States Department of Housing and Urban Development, Defendant. Nos. 98-2478-JWL, 98-2479-JWL. United States District Court, D. Kansas. March 27, 2000. *1187 Glenn S. Grayson, Wallace, Saunders, Austin, Brown & enochs, Chartered, Overland Park, KS, for Plaintiff. Reginal C. Toney, Kansas City, KS, pro s...
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MEMORANDUM AND ORDER Petitioner Darnell Mayers, a prisoner confined at the Indiana State Prison, filed a petition for writ of habeas corpus challenging the loss of good time at a prison disciplinary hearing. On February 10, 2000, the court set aside the finding of guilt in case number ISP 99-05-0141, subject to a rehearing by the Conduct Adjustment Board (“CAB”). This case is now before the c...
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96 F. Supp. 2d 845 (2000) Orrin Scott REED, Plaintiff, v. Daniel McBRIDE, et al., Defendants. No. 3:00-CV-0094 AS. United States District Court, N.D. Indiana, South Bend Division. March 24, 2000. *846 Orrin Scott Reed, Westville, IN, pro se. Thomas D. Quigley, Indiana Attorney General, Indianapolis, IN, for Defendants. MEMORANDUM AND ORDER ALLEN SHARP, District Judge. Orrin Scott Reed, a prisone...
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OPINION This case requires me to decide whether beneficiaries of a state-sponsored minority set-aside program should be allowed to intervene as defendants in this matter on the ground that the State of New Jersey, charged with defending the program, has failed to represent-their interests adequately. On December 9, 1999, the Association for Fairness in Business, Inc. (“the Associa*230tion”), a no...
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MEMORANDUM AND ORDER Margaret Clark and Dana Clinton filed claims of race discrimination in connection with the termination of their employment as licensed practical nurses (LPNs) from the Michigan City Health Care Center (MCHCC), a nursing home facility that defendants MetroHealth Foundation, Inc., MetroHealth Foundation/Midwest, Inc., and ServiceMaster Diversified Health Services L....
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DECISION AND ORDER BigStar Entertainment, Inc. (“BigStar”), plaintiff in this action for a preliminary injunction, seeks to restrain Next Big Star, Inc. and related defendants (collectively, “Next Big Star”) from using a name that plaintiff contends infringes on BigStar’s prior trademark rights. BigStar’s business for over two years has been principally the sale of videos, offered alo...
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92 F. Supp. 2d 1026 (2000) Lawrence O'CONNOR, et al., Plaintiffs, v. BOEING NORTH AMERICAN, INC. and Rockwell International Corporation, Defendants. No. CV 97-1554 ABC (RCX). United States District Court, C.D. California. March 28, 2000. *1027 A. Barry Cappello, Leila J. Noel, J. Paul Gignac, Kim A. Seefeld, Troy A. Thielemann, Cappello & McCann, Santa Barbara, CA, Tina B. Nieves, Hector Ganc...
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ORDER This matter comes before the Court on a motion for preliminary injunction (Doc. 2). 1 A preliminary injunction hearing was held and evidence was presented on April 5, 2000. Upon review of the evidence and applicable law, the Court finds that the motion for preliminary injunction is due to be, and hereby is, DENIED. I. INTRODUCTION This case was brought by Virginia Hammock, a high ...
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OPINION AND ORDER REGARDING CROSS-MOTIONS FOR SUMMARY JUDGMENT I. INTRODUCTION On December 9, 1998, Plaintiff Rainbow Nails Enterprises, Inc., a Michigan corporation, brought this suit against Defendants in Oakland County Circuit Court, State of Michigan, asserting claims of breach of contract, fraud, misappropriation of trade secrets, and civil conspiracy arising from De...
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92 F.Supp.2d 996 (2000) Wanda HOTT, an individual d/b/a Ray's Towing, Plaintiff, v. CITY OF SAN JOSE and Bill Lansdowne, Defendants. No. C9920843JFEAI. United States District Court, N.D. California, San Jose Division. April 13, 2000. Christopher Ashworth, San Jose, CA, for Plaintiff. Richard Doyle, George Rios, Judith Propp, Office of City Attorney, San Jose, CA, for Defendants. ORDER GRANTING M...
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MEMORANDUM OPINION By notice of motion dated March 20, 2000, the Receiver in this action, Carl H. Loewenson, Jr., moved for an order under the All Writs Act, 28 U?S.C. § 1651(a) and the inherent power of the Court, to stay the action styled Brandon v. J & H Marsh & McLennan and Lloyds Underwriters of London, No. 99-476, pending in the United States District Court for the Ea...
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OPINION and ORDER On June 17, 1999, Andre Agapov, an alien and lawful permanent resident of the United States, domiciled in New York, initiated this conversion action in Supreme Court, New York County. Agapov named as defendants Tamara Negodaeva, an alien living in Moscow; the Board of Managers of 188 East 70th Street Condominium, the duly elected governing body of a condominium located i...
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OPINION AND ORDER Tiffany Dodge brings this action for a declaratory judgment against Legion Insurance Company (“Legion”) and Mark Morrison. Dodge seeks a declaration that Legion, Morrison’s liability insurance carrier, is obligated to indemnify Morrison, Dodge’s former psychiatrist, for any judgment Dodge may obtain in an action against Morrison now pending in Supreme Court Putnam Co...
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84 F. Supp. 2d 679 (2000) Reginald DERRICKSON, et al. v. CIRCUIT CITY STORES, INC. No. CIV. A. DKC 95-3296. United States District Court, D. Maryland. February 1, 2000. *680 *681 *682 Warren K. Kaplan, The Washington Lawyers' Committee, Washington, DC, Joseph M. Sellers, Cohen, Milstein, et al., Washington, DC, Therese K. Francese, Howrey & Simon, Washington DC, Terry L. Sullivan, Howrey &...
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91 F.Supp.2d 1119 (2000) Unni P.K. KUMAR, Trustee of the Unni P.K. Kumar, M.D., Inc. Pension Plan, Plaintiff, v. Ralph P. HIGGINS, et al., Defendants. No. 1:99 CV 3072. United States District Court, N.D. Ohio, Eastern Division. April 10, 2000. Jeffrey P. Posner, Cleveland, OH, for plaintiff. Eric Larson Zalud, Jeffrey D. Zimon, Benesch, Friedlander, Coplan & Aronoff, *1120 Cleveland, OH, Warr...
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94 F. Supp. 2d 828 (2000) Paul T. PETERSEN, Plaintiff, v. NEW YORK LIFE INSURANCE COMPANY, Defendant. No. 98-CV-71447-DT. United States District Court, E.D. Michigan, Southern Division. March 31, 2000. *829 Francis C. Flood, Charles J. Gerlach, James C. Steffl, Steffl & Flood, Troy, MI, for plaintiff. Neill T. Peters, Michael J. Nolan, Nolan, Kohl, Harris, Metamora, MI, for defendant. MEMORA...
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91 F. Supp. 2d 1075 (2000) IMAGES AUDIO VISUAL PRODUCTIONS, INC., Plaintiff, v. PERINI BUILDING COMPANY, INC., Defendant. No. 99-73855. United States District Court, E.D. Michigan, Southern Division. April 12, 2000. *1076 Gary Quesada, Bloomfield Hills, MI, for plaintiff. Steven A. Roach, Detroit, MI, for defendant. OPINION AND ORDER REGARDING CROSS-MOTIONS FOR SUMMARY JUDGMENT ROSEN, District J...
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94 F.Supp.2d 822 (2000) Angela M. SUMNER, et al., Plaintiffs, v. WAYNE COUNTY, et al., Defendants. No. 99-71040. United States District Court, E.D. Michigan, Southern Division. March 23, 2000. *823 OPINION AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION FOR SUMMARY JUDGMENT COHN, District Judge. I. This is a sex discrimination case on the basis of pregnancy under Title VII, 4...
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*800 OPINION AND ORDER This matter has come before the court upon the filing of a motion to dismiss by defendants Attorney General Janet Reno, United States Attorney Saul Green, the Commissioner of the Internal Revenue Service, and the United States of America (the “federal” defendants), a motion to dismiss by defendant Oxford Bank, a motion for summary judgment by defendant ...
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92 F.Supp.2d 1088 (2000) Nick EMMETT, Plaintiff, v. KENT SCHOOL DISTRICT NO. 415, Defendant. No. C00-0269C. United States District Court, W.D. Washington at Seattle. February 23, 2000. *1089 Aaron Caplan, American Civil Liberties Union of WA, Seattle, WA, for Nick Emmett, plaintiff. Michael Brian Harrington, Kent School District Administration CTR, Kent, WA, for Kent School District No 415, defen...
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MEMORANDUM OPINION AND ORDER After Defendant Wal-Mart Stores refused her settlement offer of $16,500, Plaintiff Aurelia Varela filed this suit against Defendant in New Mexico state court alleging injuries as a result of a slip and fall incident. According to her complaint, Plaintiff was shopping at the Wal-Mart store in Las Vegas, New Mexico, in May 1998, when she slipped on an apple peel...
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MEMORANDUM The Court has before it the defendant’s motion (filed March 10, 2000; Docket En-. try No. 150) for emergency injunctive relief to stay state court proceedings and its memorandum (Docket Entry No. 151) in support. Also before the Court is the Hoop plaintiffs’ response to the defendant’s motion (filed March 17, 2000; Docket Entry No. 158). Pursuant to 28 U.S.C...
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DECISION AND ORDER This matter is before the Court on remand from the United States Court of Appeals for the First Circuit. 1 Although this case has proliferated extensive litigation involving many issues, 2 the Court’s discreet task at this juncture is to determine the amount owed to Elizabeth V. Bogosian (“plaintiff’) for her shares in Wo-loohojian Realty Corpo...
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This is an insurance coverage dispute. Margaret Yanchick took her son Matthew Yanchick waterskiing. She drove the boat over him and injured him. Her son demanded damages. She is insured by West American Insurance Company which agrees it would have to pay under the pleasure boat coverage of its policy save for the fact that it excludes any liability which arises from the injury to a family member....
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85 F. Supp. 2d 456 (2000) John DOMBROWSKI, et al., Plaintiffs, v. GOULD ELECTRONICS, INC., Defendant. No. 3:CV-93-0120. United States District Court, M.D. Pennsylvania. February 3, 2000. *457 Gerald Williams, Philadelphia, Pa., John B. Beemer, Clark's Summit, Pa., for plaintiffs. G. Wayne Renneisen, Philadelphia, Pa., Mark A. lockett, Philadelphia, Pa., for defendant. CONABOY, District Judge. ...
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85 F.Supp.2d 1356 (2000) Hiram STURM, et al., Plaintiffs, v. MARRIOTT MARQUIS CORP., Host Marriott Corp. and Christopher G. Townsend, Defendants, and Atlanta Marriott Marquis Limited Partnership II, Nominal Defendant. No. CIV.A.1:97-CV3706TWT. United States District Court, N.D. Georgia, Atlanta Division. February 7, 2000. *1357 *1358 *1359 Robert J. Abrams, Office of Robert J. Abrams, Atlanta, GA...
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107 F.Supp.2d 992 (2000) Emmett HYDE v. STANLEY TOOLS No. Civ.A.98-2757. United States District Court, E.D. Louisiana. April 7, 2000. David J. Maraldo, Metairie, LA, Charles Scott Labarre, Gauthier, Downing, LaBarre, Beiser & Dean, Metairie, LA, for Plaintiff. Steven Barth Witman, Law Offices of Steven B. Whitman, Metairie, LA, for Stanley Tools. Richard S. Vale, William Clay Cruse, L.L.P., M...
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107 F.Supp.2d 815 (2000) Ann P. FOUTS, Plaintiff, v. UNITED STATES of America, Defendant. No. 5:99-CV-17. United States District Court, W.D. Michigan, Southern Division. March 30, 2000. Allan J. Claypool, Foster, Swift, Collins & Smith, P.C., Lansing, MI, for plaintiff. *816 W. Francesca Ferguson, Asst. U.S. Attorney, U.S. Attorney's Office, Western District of Michigan, Grand Rapids, MI, for...
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92 F.Supp.2d 1264 (2000) Don PRIORI, individually and as Executor for the Estate of Lena Priori, Deceased, Plaintiff, v. The PRUDENTIAL INSURANCE CO. OF AMERICA, Defendants. No. Civ.A.99-A-1245-N. United States District Court, M.D. Alabama, Northern Division. April 11, 2000. *1265 Jackson G. Shores, Jr., Birmingham, AL, for Plaintiff. M. Christian King, Melody L. Hurdle, Birmingham, AL, for Defen...
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OPINION AND ORDER I. Introduction The plaintiff, Brenda Arnold, as personal representative of the estate of her husband, Donald Arnold (Arnold), brings suit for damages as a result of his death. On November 18, 1997, he was killed while employed at National Steel Corporation (National Steel), the defendant herein. Under Michigan law — applicable in this diversity case — the Work...
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85 F. Supp. 2d 319 (2000) UNITED STATES of America v. Jose Oscar CALDERON, Defendant. No. 99 CR, 869(DAB). United States District Court, S.D. New York. March 9, 2000. Mary Jo White, United States Attorney, Leslie C. Brown, Assistant United States Attorney, of counsel, New York City, for plaintiff. Leonard F. Joy, The Legal Aid Society, Federal Defender Division, Robert M. Baum, of counsel, New Yo...
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116 F. Supp. 2d 885 (2000) Anthony WORKMAN, Plaintiff, v. UNITED FIXTURES COMPANY, International Brotherhood of Teamsters, Local # 7, and Rick Frantom, jointly and severally, Defendants. No. 1:99-CV-194. United States District Court, W.D. Michigan, Southern Division. April 11, 2000. *886 *887 *888 Lois Jewell, Niles, MI, for Anthony Workman, pltfs. Daniel G. Lambrecht, Troff, Petzke & Ammeson...
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CORRECTED MEMORANDUM AND ORDER This is an action against MCI World-corn, Inc. (“MCI”) brought by plaintiffs on their own behalf and on .behalf of a class consisting of all persons who sold securities of SkyTel Communications, Inc. (“Sky-Tel”) on the open market during the period of May 25, 1999 through May 28, 1999. Plaintiffs assert securities fraud claims against MCI pursuant to Sec...
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MEMORANDUM AND ORDER The Defendants are charged with numerous offenses arising out of their alleged involvement in an international terrorist organization led by Defendant Usama Bin Laden (“Bin Laden”) and that organization’s alleged involvement in the August, 1998 bombings of the United States Embassies in Nairobi, Kenya and Dar es Salaam, Tanzania. Presently before the Court is Defendant Al...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW AFTER TRIAL INTRODUCTION This case was tried by the Court on October 27 and 28, 1998. Michael J. Carroll and Timothy A. Charshafjian appeared on behalf of Plaintiff Northwest Administrators, Inc. (“Plaintiff’), and Philip A. Wright appeared on behalf of Defendant Sacramento Stucco Co. (“Defendant”). Following the trial, both sides filed propose...
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*740 ORDER & REASONS Before the Court is the motion of defendant Costco Wholesale Corporation (“Costco”) to dismiss for lack of personal jurisdiction and venue pursuant to Rules 12(b)(2) and 12(b)(3) of the Federal Rules of Civil Procedure. For the following reasons, defendant Costco’s motion to dismiss is GRANTED. I. BACKGROUND Plaintiff Hockerson-Halberstadt, Inc....
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OPINION This is an action brought by petitioner, Anton Curri (“Curri”), a detainee of the *414 Immigration and Naturalization Service (the “INS”) in Elizabeth, New Jersey, against respondents, Attorney General Janet Reno, INS Commissioner Doris Meissner, INS District Director Andrea Quarantillo, Officer in charge of the United States Immigration & Naturalization Service D...
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116 F. Supp. 2d 1 (2000) WESTERN CENTER FOR JOURNALISM, Plaintiff, v. INTERNAL REVENUE SERVICE, Defendant. No. CIV.A. 99-906 (CKK). United States District Court, District of Columbia. March 31, 2000. *2 *3 *4 Larry Lkayman, Paul J. Orfanedes, Judicial Watche, Inc., Washington, DC. David A. Hubbert, J. Brian Ferrel, Michael J. Salem, Tax Division, U.S. Dept. of Justice, Washington, DC. MEMORANDUM...
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85 F. Supp. 2d 986 (2000) Francisca SANCHEZ, Plaintiff, v. Kenneth S. APFEL, Commissioner of Social Security Administration, Defendant. No. CV 99-4006-RC. United States District Court, C.D. California. February 11, 2000. *987 *988 Joel D. Leidner, Los Angeles, CA, for Plaintiff. Katherine M. Hikida, Asst. U.S. Atty., Office of U.S. Atty., Los Angeles, CA, for Defendant. MEMORANDUM DECISION AND O...
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94 F.Supp.2d 947 (2000) CITY OF GARY, INDIANA, by its Mayor, Scott L. KING, Plaintiff, v. SMITH & WESSON CORP., et al., Defendants. No. 2:99CV441. United States District Court, N.D. Indiana, Hammond Division. April 17, 2000. James B Meyer, W Anthony Walker, Lukas I Cohen, Meyer & Godshalk PC, Gary, IN, Dennis A Henigan, Brian J Siebel, Jonathan E Lowy, The Center to Prevent Handgun, Viole...
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94 F.Supp.2d 727 (2000) Noor Begum KARIM, et al. v. FINCH SHIPPING CO. LTD., et al. No. Civ.A. 94-4169. United States District Court, E.D. Louisiana. April 14, 2000. *728 *729 *730 FINDINGS OF FACT AND CONCLUSIONS OF LAW FALLON, District Judge. I. BACKGROUND Finch Shipping Company, Ltd. ("Finch") petitions this Court for exoneration and limitation of liability from damages sustained by Mr. Fa...
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134 F. Supp. 2d 455 (2000) COMMUNITY TELEVISION SYSTEMS, INC., d/b/a TCI Cablevision of South Central Connecticut, et al. Plaintiffs, v. Angelina (a/k/a Julie) CARUSO, Michael Caruso, Philip Demilo, Sally Demilo, Charles Mingrone, Michelle White, Thomas White, et al., Defendants. No. 397CV1447 (AWT). United States District Court, D. Connecticut. March 20, 2000. *456 Burton B. Cohen, Laura K. Nord...
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92 F.Supp.2d 680 (2000) THE BOLER COMPANY, Plaintiff, v. NEWAY ANCHORLOCK, INC., Defendant. No. 5:99-CV-1934. United States District Court, N.D. Ohio, Eastern Division. April 11, 2000. *681 *682 David L. Drechsler, David P. Dureska, Buckingham, John B. Schomer, Karen K. Grasso, Mark J. Skakun, Walter A. Lucas, Buckingham, Doolittle & Burroughs, LLP, Akron, OH, for Boler Co., Plaintiff. George...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW THIS MATTER arises under Sections 251 and 252 of the Telecommunications Act *1117 of 1996, 47 U.S.C. §§ 251 and 252 (“the Telco Act”). The Telco Act fundamentally restructured local telephone markets, ending the monopolies that States historically granted to local exchange carriers (LECs) and subjected incumbent LECs to an array of duti...
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ORDER Presently before this Court is Defendant Desert Palace, Inc.’s Motion to Dismiss First Amended Complaint (# 18) filed on January 24, 2000. Plaintiff Matthew Fleeger filed an Opposition (# 23) on February 18, 2000. Desert Palace, Inc. filed a Reply (# 22) on February 18, 2000. I. BACKGROUND Defendant Desert Palace, Inc., dba Caesars Palace (hereinafter referred to as “D...
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OPINION AND ORDER This action stems from an accident in which plaintiff Enrique Ramos Santiago was injured due to the alleged defects in the hull of a Welleraft motor boat. (Docket # 1). Defendant Welleraft Marine Corp. (hereinafter ‘Welleraft”) claimed against the owner and operator of the boat, Felipe Rivera Crespo, his wife and their conjugal partnership, as a third-party defendants, (...
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OPINION I. INTRODUCTION In this prisoner civil rights case, plaintiff Dana Andrews, a past inmate at Camden County Correctional Center (CCCF), has sued Camden County, Camden County’s Sheriff, the Warden of CCCF, Corrections Medical Services (CMS), which is the private contractor providing inmate medical services at CCCF, and CMS physician Dr. Ronald Rahman, M.D. Plaintiff...
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92 F.Supp.2d 503 (2000) UNITED STATES of America v. Beverly A. CLAIBORNE, Jr., Defendant. No. Crim.A. 3:99CR297. United States District Court, E.D. Virginia, Richmond Division. April 14, 2000. *504 *505 David Maguire, U.S. Attorney's Office, Richmond, VA, for United States. D. Gregory Carr, Bowen, Bryant, Champlin & Carr, Richmond, VA, Cary B. Bowen, Bowen, Bryant, Champlin & Carr, Richmo...
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85 F. Supp. 2d 1236 (2000) Waymond POLLOCKS, et al., Plaintiffs, v. SUNLAND TRAINING CENTER, et al., Defendants. No. 87-40103. United States District Court, N.D. Florida, Tallahassee Division. February 23, 2000. *1237 Peter Kent Spriggs, Kesler Thompson Roberts, Spriggs & Davis PA, Tallahassee, FL, for Waymond Pollocks, Valaria Anderson, Cwenevere Sims Long, Queen Granberry, Marinda A. Hayes,...
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91 F. Supp. 2d 1356 (2000) Nery S. TELLEZ, aka Nery S. Mendoza-Camas, Plaintiff, v. U.S. IMMIGRATION AND NATURALIZATION SERVICE and Thomas J. Schiltgen, as District Director, Los Angeles District, U.S. Immigration & Naturalization Service, Defendants. No. CV 99-9462 DT (AIJx). United States District Court, C.D. California. February 14, 2000. *1357 Nery S. Tellez, aka Nery S. Mendoza-Camas, Su...
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ORDER Whiting-Turner/A.L. Johnson (“Whiting-Turner”) initiated this lawsuit in the Superior Court of Clarke County by filing a complaint in interpleader, as amended, in which it seeks to determine entitlement to $26,330.14 that it is obligated to pay P.D.H. Development, Inc. (“PDH”) as compensation for work performed on the University of Georgia Animal Science Complex. Whiting Turner ...
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MEMORANDUM OF DECISION THIS MATTER is before the court upon plaintiffs Motion for Summary Judgment. In accordance with 28, United States Code, Section 686(c), the parties have entered written consents to disposition of this matter by the undersigned. I.Jurisdiction Defendant removed this matter to this court on December 9, 1998, based upon an allegation of an amount in controver...
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188 F.Supp.2d 600 (2000) EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff and Sheila A. Zerehi-Carter, Plaintiff-Intervenor, v. FEDERAL EXPRESS CORPORATION, Defendant. No. 5:98CV483-BO. United States District Court, E.D. North Carolina, Western Division. March 9, 2000. *601 *602 *603 ORDER TERRENCE WILLIAM BOYLE, Chief Judge. This matter is before the Court on Defendant Federal Express' Moti...
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OPINION The actions in this litigation arise out of the corporate restructuring and bankruptcy of Reliance Acceptance Group, Inc. (“the Company”). The Company is a Delaware corporation, and was formerly known as Cole Taylor Financial Group, Inc. Plaintiffs (collectively, the “Graham Plaintiffs”) are former shareholders of the Company. Defendants (collectively, the “Graham Defendants”) are forme...
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OPINION AND ORDER In this declaratory judgment action, plaintiff Hartford Fire Insurance Company (“Hartford”) seeks, among other things, to void a marine insurance policy (the “Hartford Policy”) that Hartford issued to defendant Joseph Mitlof d/b/a/ Hudson Valley Waterways (“Mitlof’). Defendants the Village of Nyaek and the Nyack Parking Authority (collectively, the “Nyack Defendants”) are named ...
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92 F. Supp. 2d 1329 (2000) RELIANCE INSURANCE COMPANY OF ILLINOIS, INC., Plaintiff, v. RICHFIELD HOSPITALITY SERVICES, INC., Defendant. No. CIVA1:98CV3607A-JEC. United States District Court, N.D. Georgia, Atlanta Division. February 23, 2000. *1330 James Dartlin Meadows, Meadows, Ichter & Trigg, Atlanta, GA, for plaintiff. Arthur H. Glaser, Self, Glaser & Davis, Atlanta, GA, Richard I. Met...
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OPINION With this opinion, the Court rules on the motions for summary judgment filed by the defendants. In this civil rights action, Plaintiff Theresa Butler, both individually and for the estate of decedent John Mihaly, claims that the defendant law enforcement officers and government entities violated Mihaly’s constitutional rights during his arrest and detention in 1998. 1 S...
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92 F.Supp.2d 740 (2000) John Jay HOOKER v. FEDERAL ELECTION COMMISSION, et al. No. 3-99-0794. United States District Court, M.D. Tennessee, Nashville Division. April 12, 2000. John Jay Hooker, Nashville, TN, plaintiff pro se. Greg J. Mueller, Richard B. Bader, Lawrence M. Noble, Stephen E. Hershkowitz, Federal Election Commission, Washington, DC, for Federal Election Commission, defendant. Robert...
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110 F.Supp.2d 1183 (2000) In re ENGINEERING ANIMATION SECURITIES LITIGATION No. 4-99-CV-10117. United States District Court, S.D. Iowa, Central Division. March 24, 2000. *1184 *1185 David L Phipps, Whitfield & Eddy PLC, Des Moines, IA, Steven G Schulman, Samuel H Rudman, David J Bershad, Janine L Pollack, Milberg Weiss Bershad Hynes & Lerach Llp, New York, NY, Jeffrey R Anderson, Randall ...
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MEMORANDUM The Court has before it the plaintiffs’ motion (filed January 14, 2000; Docket Entry No. 135) to compel Columbia/HCA to produce documents listed on its privilege logs that have already been produced to the United States government, their memorandum (Docket Entry No. 136) in support and the defendant’s response (filed February 18, 2000; Docket Entry No. 141).1 The plaintiffs ask the Co...
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104 F.Supp.2d 590 (2000) TRIAD MOTORSPORTS, LLC, Plaintiff, v. PHARBCO MARKETING GROUP, INC., Defendant. No. Civ. 1:99CV00275. United States District Court, M.D. North Carolina. January 20, 2000. *591 Daniel R. Johnston, Parrish Newton & Rabil, L.L.P., Winston-Salem, NC, Carl F. Parrish, Parrish Newton & Rabil, L.L.P., *592 Winston-Salem, NC, for Triad Motorsports, LLC, plaintiff. Edward ...
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DECISION AND ORDER Plaintiff, Midwest Financial Assistance Corporation (“Midwest”), commenced this action on August 18, 1999, against defendant Federal Deposit Insurance Corporation (“FDIC”). Midwest alleges that FDIC has breached a contract with Midwest by refusing to repurchase a loan that Midwest purchased from FDIC in 1998. Jurisdiction is premised on 28 U.S.C. § 1331 a...
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DECISION AND ORDER Plaintiff, Jerome Douglas, Jr., commenced this action pro se on June 10,1998, asserting claims pursuant to 42 U.S.C. § 1983. The court appointed counsel to represent plaintiff on September 15, 1998. Plaintiff, who is currently an inmate in the custody of the New York State Department of Correctional Services, alleges that on February 14, 1998, while he wa...
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94 F.Supp.2d 1125 (2000) MORRISON & FOERSTER, LLP, Plaintiff, v. Brian WICK and American Distribution Systems, Inc., Defendants. No. CIV.A.00-B-465. United States District Court, D. Colorado. April 19, 2000. *1126 Roxanne Jensen, Tarek F.M. Saad, William R. Wade-Gery, Morrison & Foerster LLP, Denver, CO, for Plaintiff. Ronald G. Rossi, Rossi & Maricle, P.C., Denver, CO, for Defendants...
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MEMORANDUM OPINION This case is before the Court on a Motion for Remand [Document # 3] filed on June 14, 1999, by Plaintiff, the Commissioner of Labor of the State of North Carolina (the “Commissioner”). Defendant, Dillard’s, Inc. (“Dillard’s”) filed a response in opposition to the motion for remand. For the reasons that follow, Plaintiffs Motion for Remand is hereby GRANTED. I. ...
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*223 MEMORANDUM OPINION Plaintiffs Couldock & Bohan, Inc. (“CBI”) and William Scalzi brought this action claiming breach of contract, violation of the Connecticut Unfair Trade Practices Act (“CUTPA”), and various tort causes of action against Defendant Société Generale Securities Corporation (“SG”), invoking the Court’s diversity jurisdiction pursuant to 28 U.S.C. ...
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92 F. Supp. 2d 954 (2000) Roger G. NELSON, and Lou Nelson Plaintiffs, v. AMERICAN HOME PRODUCTS CORPORATION, and Wyeth-Ayerst Laboratories Company, Defendants. No. 98-0909-CV-W-01. United States District Court, W.D. Missouri, Western Division. March 24, 2000. *955 Grant L. Davis, Thomas C. Jones, Scott S. Bethune, and Timothy L. Brake, Law Offices of Lantz Welch, P.C., Kansas City, MO, for plaint...
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OPINION In the exercise of its supervisory function and with a zeal to protect the integrity of the proceedings before it, the Court has been sensitive to the hue and cry of wrongdoing directed at The Prudential Insurance Company. Whenever such a circumstance has occurred, whatever its dimension and regardless of its source, it has been pursued with the appropriate degree of resource necessary ...
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94 F.Supp.2d 765 (2000) James T. HENRISE, Plaintiff, v. John D. HORVATH, et al., Defendants. No. CIV.A. 3:97-CV-2472-L. United States District Court, N.D. Texas, Dallas Division. April 21, 2000. Douglas R. Larson, Law Office of Douglas R. Larson, Mesquite, TX, Russell Howard Daniels, Law Office of Russell H. Daniels, Dallas, TX, for plaintiff. Joe C. Tooley, Tooley & Voss, Dallas, TX, for Joh...
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94 F. Supp. 2d 768 (2000) James T. HENRISE, Plaintiff, v. John D. HORVATH, et al., Defendants. No. CIVA 3:97-CV-2472-L. United States District Court, N.D. Texas, Dallas Division. April 21, 2000. Douglas R. Larson, Law Office of Douglas R. Larson, Mesquite, TX, Russell Howard Daniels, Law Office of Russell Howard Daniels, Dallas, TX, for plaintiff. Joe C. Tooley, Tooley & Voss, Dallas, TX, for...
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ORDER I. BACKGROUND AND ANALYSIS In this employment discrimination case, plaintiff Alice Faye Simmons alleges that the Chatham Nursing Home, Inc. (Chat-ham), violated her 42 U.S.C. § 1981 rights by failing to promote her because of her race, then later firing her for complaining about it. Doc. # 1 exh. A (Complaint). Simmons previously sued Chatham under Title VII (42 U.S...
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85 F. Supp. 2d 549 (2000) Jerome J. PARKS and Antenna Base Systems, Inc., Plaintiffs, v. CAI WIRELESS SYSTEMS, INC. and Philadelphia Choice Television, Inc., Defendants. Civil No. H-99-3105. United States District Court, D. Maryland. January 3, 2000. *550 Rignal W. Baldwin, Jr., Brassel and Baldwin, Annapolis, MD, for Antenna Base Systems, Inc. James D. Mathias, Piper, Marbury, Rudnick & Wolf...
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MEMORANDUM OPINION This < case is before the Court on the following dispositive motions: Defendant National Credit Union Administration’s (“NCUA’s”) Motion to Partially Dismiss Plaintiff American Banker Association and Plaintiff-Intervenor Independent Bankers Association of America’s (together “Plaintiffs”) First Amended Complaints; Defen-danWIntervenor Credit Union National Association’s...
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ORDER AND OPINION On June 13, 1999, the plaintiff, Marie Anderson, the executrix of the estate of Gerald Thomas, filed a Motion for Judgment (M/J) in Portsmouth Circuit Court against over forty defendants alleging damages as a result of the deceased’s exposure to asbestos, and the defendants’ production of asbestos products. 1 See M7J at 2. The plaintiff alleges that...
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94 F.Supp.2d 68 (2000) Vanessa BAILEY, Plaintiff, v. William J. HENDERSON, Defendant. No. Civ.A. 98-02224 (HHK). United States District Court, District of Columbia. April 20, 2000. *69 Irving Kator, Kator, Scott & Parks, Washington, DC, for Plaintiff. Michael A. Humphreys, Assistant U.S. Attorney, Office of United States Attorney for District of Columbia, Washington, DC, for Defendant. *70 ...
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91 F. Supp. 2d 137 (2000) In re Application of Mohamed AL FAYED. No. 99-43(HHK). United States District Court, District of Columbia. April 10, 2000. Terrence O'Donnell, Paul C. Rauser, Williams & Connolly LLP, Washington, DC, for Mohamed Al Fayed. Andrea M. Sharrin, Assistant U.S. Attorney, Civil Division, Federal Programs Branch, Washington, DC, for Government. MEMORANDUM OF DECISION KENNED...
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91 F. Supp. 2d 90 (2000) UNITED STATES of America, v. Carl COOPER, Defendant. No. Crim. 99-0266(JHG). United States District Court, District of Columbia. April 14, 2000. *91 *92 *93 Steven R. Kiersh, Washington, DC, Francis Darron Carter, Washington, DC, for Carl Cooper, defendant. Kenneth Leonard Wainstein, Mary Incontro, U.S. Atty's Office, Washington, DC, for U.S. MEMORANDUM OPINION AND ORDER...
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MEMORANDUM DECISION In this employment discrimination case, plaintiff Christian Leigh Curry contends that defendant Morgan Stanley & Co. (“Morgan Stanley”) unlawfully discharged him from his position as a first-year analyst in its real estate department because of his race and “perceived sexual orientation.” (Am. Cmplt.¶¶ 18-22). Morgan Stanley denies that it discriminated against Curry and arg...
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92 F. Supp. 2d 786 (2000) INDUSTRIAL HARD CHROME, LTD., IHC Limited Partnership, and Bar Technologies, L.L.C., Plaintiffs/Counter-Defendants, v. HETRAN, INC., and Global Technology, Inc., Defendants/Counter-Plaintiffs. No. 99 C 1716. United States District Court, N.D. Illinois, Eastern Division. April 18, 2000. *787 *788 John J. O'Malley, Michael D. Wexler, Daniel F. Lanciloti, Charles Chejfic, S...
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OPINION Defendants Time Warner, Inc. (“TWI”) and Michael Hayes (“Hayes”) have moved, pursuant to Rule 66 of the Federal Rules of Civil Procedure, for summary judgment to dismiss the amended complaint of plaintiff J. Edward Robinson (“Robinson”) alleging racial 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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OPINION Third-party defendant John L. Johnston (“Johnston”) has moved, pursuant to Rule 12(e) of the Federal Rules of Civil Procedure, for judgment on the pleadings to dismiss the third-party complaint (the “TPC”) of defendant John D. Leahy, Jr. (“Leahy”). Leahy has moved, pursuant to Rules 15(a) and 13(f), to amend his answer to the complaint (the “Complaint”) of plaintiff Bradley N....
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92 F.Supp.2d 1377 (2000) David Bryan FLETCHER, Plaintiff, v. SCREVEN COUNTY, GEORGIA, and Mike Kile, Individually and in his Official Capacity as Sheriff, Defendants. No. CV 698-189. United States District Court, S.D. Georgia, Statesboro Division. February 9, 2000. Bobby T. Jones, Jones & Smith, PC, Metter, Teresa Saggese Mills, Atlanta, GA, for David Bryan Fletcher, plaintiff. Marvin W. McGa...
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92 F. Supp. 2d 1372 (2000) Joey L. SCOGGINS, Plaintiff, v. ARROW TRUCKING COMPANY, Defendant. No. CV 499-032. United States District Court, S.D. Georgia, Savannah Division. January 21, 2000. *1373 Steven E. Scheer, Lee, Black, Scheer & Hart, PC, Savannah, L. Chandler Vreeland, Marietta, GA, for Joey L. Scoggins, plaintiffs. Richard A. Rominger, Thomas Langston Bass, Jr., Brennan, Harris &...
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ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION TO DISMISS [Docket No. 12] On April 10, 2000, the Court heard oral argument regarding Defendants’ motion to dismiss. The motion will be granted in part and denied in part for the reasons set forth below. I. BACKGROUND Plaintiffs are Kulwant Egan, his wife Tara Egan, and their minor son Sachit Egan (“the Egans”). They allege tha...
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85 F. Supp. 2d 699 (2000) Veronica WALLACE, Plaintiff, v. THE METHODIST HOSPITAL SYSTEM, Defendant. No. CIV.A. H-97-0095. United States District Court, S.D. Texas, Houston Division. February 25, 2000. *700 Beatrice Mladenka-Fowler, Mladenka-Fowler & Associates, Shannon Breaux Sauceda, Mladenka-Fowler Adams & Associates, Houston, TX, for Veronica A. Wallace, plaintiff. Tom M. Davis, Jr., D...
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85 F. Supp. 2d 672 (2000) R. READY PRODUCTIONS, INC., et al., Plaintiffs, v. Anthony C. CANTRELL, et al., Defendants. No. Civ.A.H-98-0401. United States District Court, S.D. Texas, Houston Division. January 7, 2000. *673 *674 *675 R Mark Ramsey, Ramsey & Murray, Houston, TX, for Apple Chevrolet Incorporated, movant. John T Klug, Broocks Baker et al, Houston, TX, for Torrado Chrysler Plymouth ...
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92 F.Supp.2d 1317 (2000) Roy B. ANTHONY, Plaintiff, v. The SCHOOL BOARD OF HILLSBOROUGH COUNTY, Defendant. No. 8:98CV2327-T-17F. United States District Court, M.D. Florida, Tampa Division. March 31, 2000. Ronald W. Fraley, Fraley & Fraley, P.A., Tampa, FL, for Roy B. Anthony, plaintiff. Thomas M. Gonzalez, Kelly L. Soud, Donald Collins Barbee, Jr., Thompson, Sizemore & Gonzalez, P.A., Tam...
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92 F. Supp. 2d 456 (2000) BALTIMORE NEIGHBORHOODS, INC., and Kevin Beverly, v. LOB INC., and Lions Gate Garden Condominiums, Inc. No. B-96-914. United States District Court, D. Maryland. April 20, 2000. *457 *458 Lauren E. Willis, Andrew D. Levy, Brown, Goldstein & Levy, LLC, Baltimore, MD, for plaintiffs. Michael P. Darrow, M. Evelyn Spurgin, Hillman, Brown, Darrow Annapolis, MD, for defenda...
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92 F.Supp.2d 1290 (2000) Elizabeth ERAMO, individually, and as next friend and natural guardian of Matthew Charles Eramo, Plaintiff, v. UNITED STATES of America, Defendant. No. 8:97-CV-2675-T-17(C). United States District Court, M.D. Florida, Tampa Division. March 15, 2000. *1291 Patricia M. Gibson, Maher, Gibson & Guiley, Orlando, FL, for Elizabeth Eramo, individually, and as next friend and...
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MEMORANDUM Municipal Mortgage & Equity, LLC, a Delaware limited liability company with its principal place of business in Baltimore and the successor to SCA Tax Exempt Fund Limited Partnership (hereafter “MuniMae”), has brought this diversity action against Southfork Apartments Limited Partnership (“South-fork”), a limited partnership organized under the laws of Minnesota. MuniMae seeks a...
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92 F. Supp. 2d 769 (2000) Michael MILANO, Plaintiff, v. UNITED STATES of America, Defendant. No. 97 C 2480. United States District Court, N.D. Illinois, Eastern Division. March 13, 2000. *770 Jeffrey J. Tallis, Faklis & Tallis, Chicago, IL, for Michael Milano, plaintiff. Jack Donatelli, United States Attorney's Office, Chicago, IL, for United States of America, defendant. MEMORANDUM OPINION ...
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92 F.Supp.2d 1320 (2000) Beverly SCOTT, Plaintiff, v. PIZZA HUT OF AMERICA, INC., Defendant. No. 8:99CV257-T-17A. United States District Court, M.D. Florida, Tampa Division. April 6, 2000. *1321 Mitchell L. Fraley, Fraley & Fraley, P.A., Tampa, FL, for Beverly Scott, plaintiff. Elizabeth J. Du Fresne, Edwin G. Torres, Steel Hector & Davis, LLP, Miami, FL, for Pizza Hut of America, Inc., d...
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ORDER This cause comes before the Court on Plaintiffs Complaint and Application Moving the Court to Set Aside and Vacate Arbitration Award (Dkt. 1); Defendants’ opposition (Dkt. 10); Jay H. Drivas’ Pro Se Motion to Intervene as a co-plaintiff (Dkt. 4); Plaintiffs Motion to Add Jay H. Drivas as an Additional Plaintiff Pursuant to Fed.R.Civ.P. 20(a) (Dkt. 14); Defendants’ opposition (Dkt. 15); De...
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94 F.Supp.2d 665 (2000) Hugh S. HUNT v. UNITED STATES of America. NO. Civ. JFM-94-3553. United States District Court, D. Maryland. April 6, 2000. *666 Hugh S. Hunt, Potomac, MD, plaintiff pro se. Charles Hayden Keen, Washington, D.C., United States Attorney's Office, Baltimore, MD, for defendant. OPINION MOTZ, District Judge. Hugh S. Hunt has brought this action against the United States asserti...
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92 F. Supp. 2d 523 (2000) Donna S. NESSELL, Plaintiff, v. CROWN LIFE INSURANCE COMPANY, Defendant. No. 2:99CV993. United States District Court, E.D. Virginia, Norfolk Division. April 18, 2000. *524 *525 Allen J. Gordon, Norfolk, VA, for plaintiff. Kevin J. Cosgrove, Hunton & Williams, Norfolk, VA, for defendant. OPINION AND FINAL ORDER REBECCA BEACH SMITH, District Judge. Plaintiff filed thi...
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MEMORANDUM OPINION This cause is before the Court on Defendant’s Motion for Summary Judgment filed February 29, 2000. Plaintiff filed her response in opposition March 23, to which Defendant replied on March 28, 2000. I. FACTUAL BACKGROUND Plaintiffs presently pending four Count Complaint claims that Defendant: (1) denied her reasonable accommodation as a qualified individual wit...
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MEMORANDUM AND ORDER Petitioner Jose Dimas Santos-Gonzalez filed this habeas corpus petition with this Court on November 1, 1999, requesting a stay of deportation and challenging a decision of the Board of Immigration Appeals finding him ineligible for relief from deportation on humanitarian grounds under § 212(c) of the Immigration and Nationality Act (“INA”). Named as respondents are Ja...
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MEMORANDUM OF OPINION Plaintiff Caroline Burney filed the present action against Rheem Manufacturing Co., Inc. (“Rheem”) on August 27,1997, pursuant to Title VII of the Civil Rights Act of 1964, as amended, alleging that she was subjected to sexual harassment and discrimination on the basis of her sex with regard to “promotions, job assignments, initial hirings, benefits and other terms and condi...
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MEMORANDUM OPINION AND ORDER This securities fraud action follows defendant AmeriCredit Corporation’s (“Am-eriCredit’s”) decision to restate certain financial results to calculate earnings using the cash-out rather than the cash-in method under Financial Accounting Standards Board Statement No. 125 (“FASB No. 125”) for valuing credit enhancement assets after the Securities and Exchang...
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OPINION AND ORDER Before the Court are Defendants’ motions for attorney’s fees, bills of costs, and motion requesting the filing of an appeal bond. Plaintiff has filed its opposition. Defendants are Puerto Rico Ports Authority (“PRPA”) and Procesadora de .Granos, Inc. (“Progranos”). The Court entered judgment for Defendants in this matter, Dkt. No. 200, on July-21, 1999 following a nine-day bench...
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MEMORANDUM OPINION AND ORDER Pending are Plaintiffs motion to remand and Defendants City of Charleston and the Charleston City Police Department (Municipal Defendants’) motion to dismiss. For reasons discussed below, Plaintiffs motion is GRANTED and the Municipal Defendants’ motion is DENIED as moot. I. FACTUAL AND PROCEDURAL BACKGROUND From minimal facts contained in the co...
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*1111 ORDER GRANTING PLAINTIFFS’ MOTION FOR REMAND This matter came before the Court on the following motions: (1) Defendants’ Motion to Dismiss or Alternatively, Motion to Quash, or Alternatively, Motion for Summary Judgment; and (2) Plaintiffs’ Motion to Remand and for Attorney Fees. After reading the briefs, hearing oral arguments, and being fully advised in the premises, the ...
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94 F. Supp. 2d 1136 (2000) Mark SHEPHERD, Plaintiff, v. UNITED STATES OLYMPIC COMMITTEE, a corporation; and International Olympic Committee, a corporation, Defendants. No. CIV.A.99-K-2077. United States District Court, D. Colorado. April 20, 2000. *1137 *1138 Countess Pease Jeffries, Jeffries Advocates Law Offices, Costa Mesa, CA, for Plaintiff. Raymond M. Deeny, Nancy Dawn Webber, Edward John Bu...
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94 F. Supp. 2d 157 (2000) UNITED STATES of America, Plaintiff, v. Kristen GILBERT, Defendant. Crim. No. 98-30044-MAP. United States District Court, D. Massachusetts. April 20, 2000. *158 David P. Hoose, Katz, Sasson & Hoose, Springfield, MA, Harry L. Miles, Green, Miles, Lipton, White & Fitz-Gibbon, Northampton, MA, for Kristen Gilbert, Defendant. Michael Labrie, Labrie & Pouliot, Chi...
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AMENDED ORDER DENYING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT This case comes before the court on the defendants’ motion for summary judgment. The case arises out of the terrible and tragic abuse endured by minors, T.M. and A.O., when they were placed in the foster care of Beth and Homer Griswold. Homer Griswold was eventually convicted on twelve counts of sexual assault and taking indecent lib...
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MEMORANDUM OPINION AND ORDER Pending are Defendants Advanta Mortgage Corporation (Advanta) and Bankers Trust (together “Movants” ’) motions for partial summary judgment on Counts II (fraud) and IV (TILA 1 violations). Also pending is Plaintiffs’ motion for partial summary judgment on Movants’ holder-indue-course status. The motions have been fully briefed and are ripe for d...
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91 F. Supp. 2d 492 (2000) Robert A. MORMILE, Jr., Plaintiff, v. METROPOLITAN LIFE INSURANCE COMPANY, a Certain Retirement Incentive Plan Offered to Robert Mormile, Metropolitan Life Insurance Company Retirement Plan and The Metlife Temporary Disability Plan, Defendants. No. 3:97CV1509(WWE). United States District Court, D. Connecticut. March 1, 2000. *493 Judy Duncan Rintoul, David S. Rintoul, Gl...
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88 F. Supp. 2d 1306 (2000) Beverly CHRISTENSEN, as guardian and next friend of Jessica Hatcher, et al., Plaintiffs, v. SOUTHERN NORMAL SCHOOL, et al., Defendants. No. Civ.A. 97-D-181-N. United States District Court, M.D. Alabama, Northern Division. February 7, 2000. Abner A. Powell, Andalusia, Alabama, for plaintiffs. Ronald G. Davenport, Robert C. Ward, Jr., Jack B. Hinton, Jr., Montgomery, Alab...
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92 F.Supp.2d 516 (2000) Robert ANDERSON, Plaintiff, v. ITT INDUSTRIES CORPORATION, Defendant. No. Civ. A. 99-818-A. United States District Court, E.D. Virginia, Alexandria Division. April 18, 2000. Aaron Martin Nisenson, Henrichsen & Siegel, P.L.L.C., Washington, DC, for plaintiff. Stephen W. Robinson, McGuire, Woods, Battle & Boothe, McLean, VA, for defendant. MEMORANDUM OPINION ELLIS, ...
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92 F.Supp.2d 558 (2000) Martha Marie WEST, Plaintiff, v. MERILLAT INDUSTRIES, INC., Defendant. No. 1:00CV00001. United States District Court, W.D. Virginia, Abingdon Division. April 12, 2000. *559 Daniel Robert Bieger, Copeland, Molinary & Bieger, Abingdon, VA, for Plaintiff. Stewart S. Manela, Arent, Fox, Kinter, Plotkin & Kahn, PLLC, Washington, DC, for Defendant. OPINION AND ORDER JON...
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OPINION AND ORDER This case began in 1985, when the Securities and Exchange Commission filed a complaint against Donald Sheldon & Co., Inc. for violation of securities law. Don L. Horwitz was appointed as trustee to liquidate the company. In 1989, the trustee commenced an adversary proceeding against Donald Sheldon, the former presi *504 dent and chairman of Donald Sheldo...
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MEMORANDUM and ORDER All the pending captioned tobacco cases are related as to fact and law. See Appendix A (memorandum and orders collected by the Clerk of the Court for delivery to the Clerk of the Court of Appeals for the Second Circuit, pursuant to this Court’s order of March 2, 2000 in connection with Second Circuit Docket No. 00-3004 (mandamus petition))[on file with the Clerk of the Cour...
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OPINION & ORDER Plaintiff South Park Associates, L.L.C. has brought this action seeking a declaratory judgment that its tenant, defendant Josephine Renzulli, may be evicted from the apartments where she lives. The parties have each moved for summary judgment. For the reasons set forth below, the landlord’s motion is denied and the tenant’s motion is granted because plaintiff has not p...
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Memorandum and Order Plaintiff Holmes Group Inc. filed this action seeking, among other things, a declaratory judgment holding that Holmes’ *1141 sale of its fan and heater products does not infringe any valid or enforceable “trade dress” claimed by defendant Vornado under 15 U.S.C. §§ 1501 et seq. The matter is now before the court on Holmes’ motion for summary judgment ...
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MEMORANDUM OPINION This matter is before the Court for ruling on Defendants’ Motions to Dismiss [dkt.# 10, 47, 48, 49, 50, 52, & 53], The Motions have been fully briefed and are now ripe for review. For the reasons set forth herein, the Motions to Dismiss will be granted and this case will be dismissed as to all Defendants. Background, Facts and the Complaint ...
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Memorandum and Order Plaintiff HealthOne, Jnc., filed this action alleging that defendants Columbia Wesley Medical Center (“Wesley”) and Columbia/HCA Healthcare Corporation (“Columbia/HCA”) breached a contract with HealthOne and are liable for actual and punitive damages. Wesley has filed a counterclaim alleging that HealthOne breached the contract. The matter is now before the court ...
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*624 ORDER Defendants’ motions to dismiss and motion to request a hearing on the motions to dismiss are before the court. On 28 May 1999, the United States filed a complaint against Terry Bankert, an employee of Jymco Development, Inc. and on 27 August 1999, the United States filed a complaint against Jymco Development, Inc., d/b/a Whitley Homes (Jymco), and Jimmy Ray Whitle...
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MEMORANDUM OPINION and ORDER I. Facts and Procedural History This action was filed by the plaintiff Dwight A. Nash (“Nash”) on March 23, 1998 for injuries allegedly sustained while in the course of performing his duties as an employee of the defendant, Norfolk and Western Railway CO. (“N & W”).1 The plaintiff avers that N & W was negligent and failed to comply with the provisions of the Federal...
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94 F. Supp. 2d 519 (2000) VERMONT MOBILE HOME OWNERS' ASSOCIATION, INC., Louise Beaudoin, et al., Plaintiffs, v. Nicole and Andre LAPIERRE, Lapierre Enterprises, Inc. Brault's Mobile Home, Inc., Latham Trailer Sales, Inc., and People's Trust Co., Defendants. No. 97-CV-209. United States District Court, D. Vermont. April 17, 2000. *520 Stephen S. Norman, Vermont Legal Aid, Inc., Burlington, VT, Pe...
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92 F. Supp. 2d 353 (2000) Danielle Lee DUSHARM, Plaintiff, v. NATIONWIDE INSURANCE COMPANY, Defendant. No. 2:97-CV-371. United States District Court, D. Vermont. April 14, 2000. *354 Marikate Ellen Kelley, Ward, Kelley & Babb, South Burlington, VT, for Danielle Lee Dusharm, plaintiff. Michael John Gannon, Susan J. Flynn, Affolter, Gannon & Flynn, Burlington, VT, for Nationwide Insurance C...
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ORDER I. INTRODUCTION Greenpeace, American Oceans Campaign, and the Sierra Club (“plaintiffs”) brought suit under the Endangered Species Act (ESA) challenging the National Marine Fisheries Service’s (NMFS’s) North Pacific Fishery Management Plans for the groundfish fisheries in the Bering Sea and Gulf of Aaska. Plaintiffs contend these fisheries, as authorized by the Fishery Management Plans, *54...
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MEMORANDUM AND ORDER I. INTRODUCTION Appellant, Beal Bank S.S.B. (“Beal”), challenges the Chapter 11 reorganization of the appellee, Water’s Edge Limited Partnership (“WELP”), which owns three apartment buildings in Revere, Massachusetts. Among other things, Beal claims that the bankruptcy court erred by: 1) confirming the cramdown reorganization plan which permitted the priv...
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96 F. Supp. 2d 29 (2000) Bijoy MISRA, Plaintiff, v. SMITHSONIAN ASTROPHYSICAL OBSERVATORY, Defendant. No. Civ.A.98-11998-JLT. United States District Court, D. Massachusetts. April 11, 2000. *30 George F. Gormley, Gormley & Colucci, P.C., Boston, MA, for Bijoy Misra, Plaintiff. Bijoy Misra, Cambridge, MA, Plaintiff, pro se. Rayford A. Farquhar, United States Attorney's Office, Boston, MA, for ...
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98 F.Supp.2d 818 (2000) LITTLE CAESAR ENTERPRISES, INC., and Little Caesar National Advertising Program, Inc., Plaintiffs, v. Lee HOTCHKISS, Lyle Hotchkiss, Little Caesar of San Antonio, Inc., Magnum Foods, Inc., Ranco Enterprises, Inc., Kevin McCaffery, Creighton Enterprises, Inc., and Target Market Enterprises, Inc., Defendants. No. CIV.A.99-40470. United States District Court, E.D. Michigan, S...
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MEMORANDUM Plaintiff Jeffery Darlin moves to remand this action to the Court of Common Pleas of Philadelphia, following removal premised on ERISA jurisdiction under 29 U.S.C. § 1001 et seq. Because the severance plan in question appears to qualify under ERISA as an “employee welfare benefit plan,” 29 U.S.C. § 1002(1), the motion will be denied. Defendant Conrail moves to dismiss the complai...
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MEMORANDUM & ORDER Before the court is defendant’s motion to transfer this action to the Middle District of Florida, Jacksonville Division. Because the court finds that such a transfer will serve the convenience of the parties and witnesses and that it is in the interests of justice, the motion will be granted. Background According to the complaint, plaintiff Dan Lindley...
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OPINION and ORDER Before the Court is the motion of the Banco Central de Nicaragua (“the Central Bank”), an interested third party, to vacate and quash the Restraining Notice and Information Subpoena served upon the Federal Reserve Bank of New York by the Plaintiff and judgment creditor LNC Investment, Inc. (“LNC”), pursuant to Rule 69 of the Federal Rules of Civil Procedure and section 5240 ...
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*429 MEMORANDUM ORDER AND DECISION GRANTING DEFENDANT ABN’S MOTION TO DISMISS PLAINTIFFS’ CLAIM UNDER SECTION 11 OF THE 1933 SECURITIES ACT AND DENYING ALL OTHER MOTIONS TO DISMISS. Two putative plaintiff classes bring these consolidated actions against American Banknote Corporation (“ABN”), American Bank Note Holographies, Inc. (“Holographies”), their auditors, the underwriters ...
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MEMORANDUM OPINION AND ORDER Plaintiffs Nashaat N. Antonious and So-heri F. Antonious (“plaintiffs”) bring the above-captioned action against the remaining defendants in this action, Dawud Muhammad and Goldome Bank (“defendants” or “remaining defendants”), alleging claims based on false arrest, malicious prosecution, abuse of process, intentional infliction of emotional distress and various civ...
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94 F. Supp. 2d 634 (2000) Robert ROACH and Josephine Roach, Appellants, v. WEST INDIES INV. CO. and Victor C. Gomez, Appellees, and Richard Boehm, Robert Shank, Mauricette Brin, Marion Gustafson, Richard Layton, Karen Layton, and Eclectic Dev. Corp., Intervenors-Appellees. Robert Roach and Josephine Roach, Appellants, v. Freeland Trust, Appellee. No. Civ.App. 1995-142. District Court, Virgin Isla...
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94 F. Supp. 2d 639 (2000) GOVERNMENT OF THE VIRGIN ISLANDS, Appellee, v. Henry Curtis SAMPSON, Appellant. No. Crim.App. 1996/050. District Court, Virgin Islands, Appellate Division, D. St. Croix. Considered August 26, 1998. Filed April 5, 2000. *640 *641 Jean-Robert Alfred, St. Croix, U.S.V.I., for appellant. Maureen Phelan Cormier, St. Thomas, U.S.V.I., for appellee. Before RAYMOND L. FINCH,[1] ...
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*596 DECISION AND ORDER At trial on April 11, 2000, defendants William Duran Speight and Rahsaan Jamar Watkins made a motion for Judgment of Acquittal pursuant to Rule 29(a) of the Federal ■ Rules of Criminal Procedure. The court dismissed Count Three of the Indictment which charged the defendants with possession of firearms “during and in relation to a drug trafficking offense” ...
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*177 ORDER Background This is an appeal from the denial (in its entirety) of the application for legal fees *178 and expenses of Tenzer Greenblatt LLP 1 (“Tenzer” .or “Appellant”), counsel for Angelika Films 57th, Inc. (“Debtor” or “Angelika Films”), by the United States Bankruptcy Court for the Southern District of New York (Gonzalez, J.). Th...
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MEMORANDUM OPINION Defendants, Lanham Machinery Company, Inc., APV Consolidated, Inc., and APV Baker Company, Inc. (collectively “APV” or “Defendants”), filed a motion seeking dismissal or summary judgment based on, among other things, a statute of limitations/statute of repose, M.C.L. § 600.5839(1). In a January 24, 2000, Memorandum Opinion and Order, this Court held that APV waived ...
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92 F.Supp.2d 534 (2000) UNITED STATES of America v. Eugene Lamont FRIEND and Travis McKinnley Friend. Nos. Crim.A. 3:99CR201-01, 3:99CR201-02. United States District Court, E.D. Virginia, Richmond Division. April 19, 2000. *535 David Novak, Assistant United States Attorney, United States Attorney's Office, Richmond, VA, for Government. Gerald T. Zerkin, Richmond, VA, David P. Baugh, Richmond, VA,...
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107 F. Supp. 2d 699 (2000) Everett Leon STOUT, Sovereign Inhabitant; Anthony Myers; and Citizens for Constitutional Justice; and All Other Sovereign Private Civilian Inhabitants, Plaintiffs, v. James ROBNETT, Internal Revenue Service (IRS) Agent, and Spouse; C. Kevin Cox, IRS Agent, and Spouse; Abel Trevino. IRS Agent, and Spouse; IRS District Director; and Six Unknown IRS John and Jane Does, and...
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MEMORANDUM OPINION AND ORDER ON CROSS MOTIONS FOR SUMMARY JUDGMENT This case involves the constitutionality of a city’s attempt to regulate a ñude dancing establishment. The Court recognizes that regulation of such businesses is clearly permissible and appropriate under the law, and respects defendant’s desire to protect its residents from the unwanted side effects of crime, prostitution,...
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MEMORANDUM I. Background: Plaintiff brings this cause of action against the City of Boston, the Commissioner of the Boston Police Department (“BPD”), and three of its officers. He seeks injunctive relief and damages stemming from his arrest for selling a ticket to a Boston Red Sox game outside Fenway Park. Jurisdiction arises under 28 U.S.C. §§ 1331, 1339, for Plaintiffs federal claims un...
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MEMORANDUM AND ORDER Following a bench trial before our Chief Magistrate Judge, Terrence T. Regan (“Regan”) was found guilty of violating a federal regulation that prohibits presence in a national park while under the influence of alcohol to a degree that may endanger oneself, another person, or park property. See 36 C.F.R. § 2.35(c) (1999) (the “Regulation”). 1 ...
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94 F.Supp.2d 1039 (2000) Ramon GAVILAN-CUATE, Petitioner, v. Mr. Chuck YETTER, Jail Administrator, Washington County Jail, and Mr. Curtis Aljets, Director, Immigration and Naturalization Service, Respondents. No. Civ.99-1042 ADM JGL. United States District Court, D. Minnesota. April 20, 2000. Patrick J. Page, Guzior & Page, St. Paul, MN, for Petitioner. Paul Kovac, Office of Immigration Litig...
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MEMORANDUM AND ORDER The parties have filed cross-motions for summary judgment on plaintiffs Lanham Act claims. For the reasons we hereafter discuss, we grant defendant’s motion and deny plaintiffs motion. In the somewhat fluid area of health care delivery, First Health Group Corp. (First Health) has emerged as a leading intermediary between health care providers (hospitals) and ...
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92 F. Supp. 2d 475 (2000) Ross SELLMAN, Petitioner, v. The UNITED STATES of America, Respondent. Nos. WMN-98-1559, MJG-95-0111. United States District Court, D. Maryland. April 20, 2000. *476 *477 Arcangelo M. Tuminelli, Baltimore, MD, for petitioner. Lynne A. Battaglia, United States Attorney for District of Maryland, Martin J. Clarke, Assistant United States Attorney, Baltimore, MD, for respond...
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92 F.Supp.2d 796 (2000) Jerry L. CRABILL, Plaintiff, v. TRANS UNION L.L.C., Defendant. No. 99-1024. United States District Court, C.D. Illinois. April 17, 2000. Jerry L. Crabill, Macomb, pro se. Monica L. Thompson, Daniel O. Halvorsen, Rudnick & Wolfe, Chicago, Il, Keith J Braskich, Davis & Campbell LLC, Peoria, IL, for Trans Union Corporation, defendants. ORDER MIHM, District Judge. Now...
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104 F. Supp. 2d 501 (2000) A.D. BEDELL WHOLESALE COMPANY, INC., on behalf of itself and all others similarly situated, Plaintiffs, v. PHILIP MORRIS, INCORPORATED, et al., Defendants. No. Civ.A. 99-558. United States District Court, W.D. Pennsylvania. March 22, 2000. *502 Kimberly A Brown, Thorp Reed & Armstrong, Pittsburgh, PA, Alan R Wentzel, Windels Marx Lane & Mittendorf, New York City...
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AMENDED FINDINGS OF FACT WITH CONCLUSIONS OF LAW TABLE OF CONTENTS I. AMENDED FINDINGS OF FACT A. The Parties B. The Patents In Suit 1. The Claims a. The ‘303 Patent b. The‘224 Patent 2. The Specifications a. The ‘303 Patent b. The ‘224 Patent 3. The Prosecution History of the ‘303 Patent C. Sunrise’s Entry Into the OCD Market ...
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EXPLANATION AND ORDER On September 17, 1999, plaintiff Nationwide Insurance Co. (“Nationwide”) filed a complaint for declaratory judgment. Nationwide seeks a declaration that it has no obligation to defend nor indemnify defendant Donald Lowe, d/b/a Classic Touch Painting (“Lowe”) with respect to lawsuits instituted against Lowe by Jacqueline Ol-cese (“Olcese”) and Michael Clymer (“Clymer”) in...
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98 F. Supp. 2d 80 (2000) BOSE CORPORATION, Plaintiff, v. JBL, INC., Defendant. JBL, INC., Counter-Claimant, v. Bose Corporation, Counterclaim Defendant. No. Civ.A. 98-10209-PBS. United States District Court, D. Massachusetts. April 14, 2000. *81 *82 Charles Hieken, Gregory A. Madera, Shelley K. Wessels, Steven R. Katz, Fish & Richardson, Boston, MA, for Plaintiff. Neil V. McKittrick, Hill &am...
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MEMORANDUM AND ORDER The individual plaintiffs are the representatives of the certified class of professional soccer players who are or who have been employed by the defendant Major League Soccer, L.L.C. (“MLS”). MLS is a limited liability company (“LLC”) organized under Delaware law. See generally DeLCode Ann. tit. 6, §§ 18-101, el. seq. (1996). The defendant Un...
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94 F.Supp.2d 833 (2000) UNITED STATES FIRE INSURANCE COMPANY, a New York corporation, Plaintiff, v. CITY OF WARREN, a Michigan municipal corporation, Defendant. No. Civ.A. 00-40088. United States District Court, E.D. Michigan, Southern Division. April 25, 2000. *834 Christopher E. LeVasseur, Michael H. Whiting, Stark, Reagan, Troy, MI, for U.S. Fire Ins. Co. Albert B. Addis, Mt. Clemens, MI, for ...
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ORDER The attached Report and Recommendation of the Honorable Robert M. Levy, United States Magistrate Judge, thoroughly and accurately addresses the legal issues that were referred to him. Accordingly, the Report and Recommendation is adopted in its entirety as the decision of this Court. SO ORDERED. REPORT AND RECOMMENDATION LEVY, United States Magistrate Judge. By order dated March 25,1999, ...
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OPINION Plaintiffs have moved for a supplemental award of attorneys’ fees pursuant to 42 U.S.C. § 1988, Fed.R.Civ.P. 54, and Rule 83.9 of the Local Civil Rules of this Court. For the reasons hereinafter stated, plaintiffs’ motion is granted. BACKGROUND The Court assumes familiarity with the underlying facts of this case which are fully reported in New York State NOW v. Ter...
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ORDER GRANTING RENEWED PETITION FOR WRIT OF HABEAS CORPUS THIS CAUSE came before the Court upon Pastora Rubi Lopez-Morgan’s renewed petition for writ of habeas corpus, pursuant to 28 U.S.C. § 2241. The Court referred the matter to Magistrate Judge Barry L. Garber, who has issued a Report and Recommendation advising that the petition should be denied. Having conducted a de novo review of this mat...
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MEMORANDUM OPINION Background In this class action, 1 plaintiffs, purchasers of Baan Corp. (“Baan”) common stock, American Depository Receipts (“ADRs”), 2 warrants, and options, are suing defendants 3 for alleged violations of the Securities Exchange Act of 1934,15 U.S.C.A. § 78a (1997). Plaintiffs claim “that defendants made materially false and misl...
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MEMORANDUM OF DECISION The Court has before it the January 10, 2000 motion of the defendant, the City of Huntsville, Alabama, for summary judgment. Pursuant to the Court’s January 11, 2000 order, as amended by the Court’s January 26, 2000 order, the motion was deemed submitted, without oral argument, on February 22, 2000. I. Procedural History Plaintiff Michael Joel Pennington commenced thi...
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MEMORANDUM — DECISION AND ORDER Plaintiff seeks an injunction ordering defendant Home Depot to cease dissemination of its nationwide buyer’s guide which contains a comparative advertisement from defendant John Deere. For the reasons set forth below, Plaintiffs motion is granted in its entirety. I. BACKGROUND The mowing season is upon us, and litigation and pollen ...
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ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION TO DISMISS AND GRANTING DEFENDANT’S MOTION FOR A MORE DEFINITE STATEMENT THIS CAUSE is before the court upon defendant FSC Securities Corporation’s motion to dismiss (DE # 16-1, 16-2). Plaintiffs Charles D. Medalie and Janet Medalie were solicited from late 1984 until February 1985 by George Bliss, a representative of FSC, ...
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The plaintiffs — Dow Jones & Company, Inc., New York Times Company, Media General Operations, Inc., Miami Herald Publishing Company, Gannett Satellite Information Network, Inc., and Sun-Sentinel Company, Inc. — publish newspapers. See Verified Complaint [D.E. 1] 1Í1Í 4-8 at 3-4 (March 10, 2000); Plaintiffs Motion to Add a Party [D.E. 18] 113 at 2 (March 23, 2000). Their co...
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94 F. Supp. 2d 527 (2000) Lloyd DOWDELL, Plaintiff, v. UNIVERSITY OF MEDICINE AND DENTISTRY OF NEW JERSEY, Defendant. No. 98-5823 (JAG). United States District Court, D. New Jersey. April 20, 2000. *528 Matthew R. Grabell, Deutsch, Resnick, Green & Gramigna, Hackensack, NJ, for plaintiff. Alex Moreau, Deputy Attorney General, Trenton, NJ, for defendant. OPINION GREENAWAY, District Judge. IN...
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Opinion on Dismissal 1. Introduction. As a reorganized debtor, a retail store brought this breach of contract action against the bank furnishing credit manage *654 ment for the store’s credit cards. This action was instituted in the bankruptcy court 18 months after the store’s plan was confirmed, and it was appealed here to the district court. Bankruptcy jurisdic...
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130 F. Supp. 2d 976 (2000) Ole K. NILSSEN, Plaintiff, v. MOTOROLA, INC., et al., Defendants. No. 96 C 5571. United States District Court, N.D. Illinois, Eastern Division. April 7, 2000. *977 George S. Bosy, Harry J. Roper, Roper & Quigg, Chicago, IL, for Plaintiff. James M. Amend, Brian Douglas Sieve, Thomas Gerald Pasternak, Michael Anthony Parks, Douglas R. Cole, Jennifer Anderson Van Kirk,...
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MEMORANDUM OPINION with whom ALBRITTON, Chief Judge, joins. I. Introduction The plaintiffs, all Alabama voters, have challenged their state house-of-representative and senate districts under the equal-protection principles announced in Shaw v. Reno, 509 U.S. 630, 113 S.Ct. 2816, 125 L.Ed.2d 511, (1993). This court’s earlier published opinions have adequately recited this action’s history.1 In u...
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MEMORANDUM OPINION AND ORDER Plaintiffs American Society of Cataract and Refractive Surgery et al. (“American Society”) claim that Defendants Donna E. Shalala, Secretary of the United States Department of Health and Human Services, et al. (the “Secretary”) violated the Medicare Act, 42 U.S.C. § 405(a), (the “Act”) by promulgating rules that were inconsistent with that Act. Plaintiffs further al...
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MEMORANDUM OPINION AND ORDER Appellant Laura Anne Aiello (“Aiello”) brought a class action suit against Appel-lee Providian Financial Corporation (“Pro-vidian”). Aiello alleged that Providian, in violation of 11 U.S.C. § 362(h), sent her and other bankruptcy debtors in the class a request to enter into a reaffirmation agreement. Although this case was originally filed in the district court, i...
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92 F. Supp. 2d 44 (2000) John TOLEDO, Plaintiff, v. VAN WATERS & ROGERS, INC., CRST Logistics, Inc., D & S Express, Inc., Frey Industries, Inc., Investors Insurance Company, and Investors Insurance Holding Corporation, Defendants. No. 98-066L. United States District Court, D. Rhode Island. April 27, 2000. *45 *46 Thomas A. Tarro, III, Tarro Law Offices, Warwick, RI, for plaintiff. Deming ...
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FINDINGS OF FACT AND CONCLUSION OF LAW I. INTRODUCTION This is an action brought by CFM Majestic, Inc. (“CFM”) for infringement of CFM’s federally registered trademark, VERMONT CASTINGS (“VERMONT CASTINGS”), under Section 32 of the Lanham Act, 15 U.S.C. § 1114, Unfair Competition under Section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a), and state and common law unfair competiti...
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92 F. Supp. 2d 40 (2000) HART SURGICAL, INC. v. ULTRACISION, INC., and Ethicon Endo-Surgery, Inc. C.A. No. 97-594-T. United States District Court, D. Rhode Island. April 25, 2000. Thomas A. Lynch, Lynch & Greenfield, Providence, RI, Michael J. Tuteur, Epstein, Becker & Green, P.C., Boston, MA, for plaintiff. John H. Blish, Blish & Cavanagh, Providence, RI, Richard A. Ripley, Margaret ...
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ORDER This is an appeal from an Order of the United States Bankruptcy Court for the Northern District of Texas entered November 12, 1999 granting Constance Luon-go’s (“Luongo”) Motion for Summary Judgment. Luongo’s summary judgment motion sought an Order requiring the Internal Revenue Service (“IRS”) to turn over Luongo’s 1997 income tax overpayment which the IRS set off against Luon-go’s 199...
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94 F.Supp.2d 213 (2000) David G. FISHER, Plaintiff, v. FEDERAL BUREAU OF INVESTIGATION, et al., Defendants. No. Civ. 3:99CV796(PCD). United States District Court, D. Connecticut. March 7, 2000. *214 David G. Fisher, Stamford, Connecticut, plaintiff pro se. Heather R. Epstein, U.S. Attorney's Office, New Haven, Connecticut, for defendants, FBI and Office of Information & Privacy. RULING ON MO...
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MEMORANDUM RE WAGE GARNISHMENT Defendant’s conviction resulted in a sentence and order of restitution of $705,710 which constitutes a judgment against defendant in that amount. 18 U.S.C. § 3664(o). Restitution has been paid in the amount of $4,320, leaving $701,390 unpaid. Defendant has served his sentence of incarceration and supervised release. The government requested a wage garnishment, i...
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94 F.Supp.2d 787 (2000) Esme J. HOLLAND, Plaintiff, v. UNITED STATES of America, Defendant. No. CIV. A. H-98-4137. United States District Court, S.D. Texas, Houston Division. April 25, 2000. *788 Thomas E. Redding and Teresa J. Womack, Redding & Associates, Houston, TX, for Plaintiff. Michael D. Powell, United States Department of Justice, Tax Division, Dallas, TX, for Defendant. ORDER HITTN...
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94 F.Supp.2d 163 (2000) UNITED STATES of America, Plaintiff v. Kristen GILBERT, Defendant No. 98-30044-MAP. United States District Court, D. Massachusetts. April 25, 2000. *164 William M. Welch, II, U.S. Attorney's Office, Springfield, MA, for U.S. David P. Hoose, Katz, Sasson & Hoose, Springfield, MA, Harry L. Miles, Green, Miles, Lipton, White & Fitz-Gibbon, Northampton, MA, for Kristen...
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ORDER AND MEMORANDUM OPINION I. Background Plaintiff Jacob Randall Miller brought suit under 42 U.S.C. § 1983 to recover damages for physical injuries suffered after he was attacked by fellow inmates while incarcerated at the Shelby County Correctional Center (“SCCC”). Shelby County is the only remaining Defendant in this case. Plaintiff alleges that Defendant’s policies caused this harm and ...
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94 F.Supp.2d 61 (2000) WORLD DUTY FREE AMERICAS, INC., Ammex Tax & Duty Free Shops, Inc., Ammex Tax & Duty Free Shops West, Inc., and Ammex Warehouse Company, Inc., Plaintiffs, v. Lawrence H. SUMMERS, Secretary of the Treasury, and Bradley A. Buckles, Director, Bureau of Alcohol, Tobacco and Firearms, Defendants. No. Civ.A.00-00404RCL. United States District Court, District of Columbia. A...
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MEMORANDUM OF DECISION AND ORDER In what is apparently a case of first impression in this circuit, this Court must decide whether, in a Title VII sexual harassment case, a jury verdict of punitive damages can be sustained where no compensatory damages were awarded. This case concerns allegations of sexual harassment and retaliation by the Plaintiff, Tonia Cush-Crawford, against the D...
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MEMORANDUM OF DECISION AND ORDER I. BACKGROUND On December 20, 1998, the plaintiffs Blue Chip Mortgage Corporation (“Blue Chip”) and Keith Asdourian (“Asdourian”) filed a forty-three page amended complaint, naming twenty-one defendants and containing twelve separately designated causes of action. The underlying facts of the amended complaint were detailed in two separate opinions. See Asdour...
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MEMORANDUM — DECISION & ORDER Plaintiff Dunkin’ Donuts, Incorporated (“DDI”) commenced the instant action against Defendants alleging breach of contract and violations of sections 82 and 43 of the Lanham Act, 15 U.S.C. §§ 1114, 1125, arising out of Defendants’ alleged failures to comply with the health and safety requirements of a franchise agreement. Presently before the Court is DDI’s m...
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OPINION AND ORDER On February 29, 2000, this Court issued an Opinion and Order denying a motion by petitioner Louis Dreyfus Negoce S.A. (“Dreyfus”) for an order: (1) declaring that the claim brought by respondent Blystad Shipping & Trading Inc. (“Blys-tad”) against Dreyfus is not subject to arbitration in New York; (2) staying any further proceedings in the pending New York...
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MEMORANDUM OPINION Plaintiff Russell E. Avedis (“Avedis”) has moved, pursuant to Rule 60(b) of the Federal Rules of Civil Procedure, for reconsideration of this Court’s prior opinion and relief from the judgment dismissing this action for failure to state a cause of action. For the reasons set forth below, the motion will be denied. Background and Prior Proceedings The facts and prior proceedi...
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MEMORANDUM OPINION AND ORDER Plaintiffs Joseph Locurto, Robert Steiner and Jonathan Walters (collectively “plaintiffs”) bring this action pursuant to 42 U.S.C. § 1983 alleging, inter alia, that defendants Mayor Rudolph Giuliani, Commissioners Howard Safir and Thomas Von *163 Essen and the City of New York (collectively “defendants”), violated their right to free sp...
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OPINION Defendants Conde Nast Publications Inc. (“Conde Nast”), Alexandra Golinkin (“Golinkin”), Julie Krumholz (“Krumholz”), and Wendy Cohen (“Cohen”) have moved pursuant to Rule 56 of the Federal Rules of Civil Procedure for summary judgment to dismiss the complaint of plaintiff Ami-nah Ricks (“Ricks”) alleging racial discrimination, hostile work environment, and retaliation in viol...
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OPINION Plaintiffs principal grievance in this action is that New York City, immediately upon removing plaintiffs daughter from her custody, deliberately and totally ignored the fact that both plaintiff and her daughter were avowedly Jewish, and placed the daughter through a Catholic foster care agency into a Catholic foster home. This action was commenced on June 8, 1993. Stephanie ...
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117 F. Supp. 2d 743 (2000) Katie ARSBERRY, et al. Plaintiffs, v. State of ILLINOIS, et al., Defendants. No. 99 C 2457. United States District Court, N.D. Illinois, Eastern Division. March 22, 2000. Paul L. Strauss, Carl W. Shapiro, Miner Barnhill & Galland, Michael Edward Deutsch, People's Law Offices, James Gerard Bradtke, Soule & Bradtke, Laurie S. Elkin, Stephen G. Seliger, Ltd., Patri...
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MEMORANDUM DECISION AND ORDER This case arises under 42 U.S.C. §§ 1983 and 1988; the First, Fourth, Fifth, Sixth, and Fourteenth Amendments to the United States Constitution; and the common law of New York State. The parties have consented to have the undersigned conduct any and all further proceedings in this case, including the entry of final judgment, in accordance with 28 U.S.C. § 636(c)....
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ORDER GRANTING IN PART DEFENDANTS’ MOTION TO DISMISS I. INTRODUCTION Plaintiffs challenge the constitutionality of Florida Statute § 63.042(3) 1 barring a homosexual from adopting a child in Florida, invoking federal jurisdiction under 42 U.S.C. §§ 1983 and 1988, 28 U.S.C. §§ 1331 and 1343, and 28 U.S.C. § 2201. The Defendants, sued in their official capacity as those responsible for en...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW THIS CAUSE was tried before the undersigned without a jury on November 15 and 16, 1999. Having reviewed pertinent portions of the file and the various documents submitted as evidence, and having heard and considered the testimony of the witnesses and the arguments of the parties *1239at trial, the Court now makes the following findings of fact and conclus...
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94 F.Supp.2d 817 (2000) SHERMAN & COMPANY, Plaintiff/Counter-Defendant, v. SALTON MAXIM HOUSEWARES, INC., Defendant/Counter-Plaintiff. No. 99-CV-70548. United States District Court, E.D. Michigan, Southern Division. January 31, 2000. *818 Irwin M. Alterman, Kemp, Klein, Troy, MI, for plaintiff. Morley Witus, Barris, Sott, Detroit, MI, for defendant. ORDER DENYING IN PART AND GRANTING IN PART...
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ORDER ADOPTING REPORT AND RECOMMENDATION AND DENYING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT This matter having come before the Court on Magistrate Judge Steven D. Pepe’s January 21, 2000, Report and Recommendation that Defendants’ motion for summary judgment be DENIED [Document Nos. 32 & 42]; The Court having reviewed the pleadings submitted herein, including Magistra...
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MEMORANDUM OPINION This matter comes before the court on the parties cross-motions for partial summary judgment. Plaintiffs, three environmental advocacy organizations and a frequent visitor to Yellowstone National Park (“Yellowstone” or “Park”), challenge as arbitrary and capricious the Department of the Interior’s (“Interior”) entry into a research agreement with a private biotechnology com...
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85 F. Supp. 2d 634 (2000) Charles S. SLUSSER, a minor, by his guardian and next friend, Hazel GILL, Plaintiff, v. Kenneth S. APFEL, Commissioner of Social Security, Defendant. No. Civ.A.7:99-CV-00251. United States District Court, W.D. Virginia, Roanoke Division. January 26, 2000. *635 Charles D. Bennett, Jr., Roanoke, VA, for Plaintiff. Julie C. Dudley, Asst. U.S. Atty., Roanoke, VA, for Defenda...
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MEMORANDUM OPINION AND ORDER This case involves interpretation of the Randolph-Sheppard Act (“R-S Act” or “Act”) and its applicability to appropriated fund contracts for cafeteria and military mess hall services. See 20 U.S.C.A. §§ 107-107f (West 2000). The issue for the Court is whether the inclusion of the term “cafeteria” in the 1974 Amendments to the R-S Act created a p...
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92 F. Supp. 2d 416 (2000) Lester D. DOLL, Jr., Plaintiff, v. PORT AUTHORITY TRANS-HUDSON CORPORATION, Defendants. No. CIV.A. 97-4186. United States District Court, D. New Jersey. April 25, 2000. *417 Maria L. Petrillo, David L. Pennington, Harvey, Pennington, Cabot, Griffith & Rennenesen, Ltd., Philadelphia, PA, for Plaintiff. Hugh H. Welsh, Sharon McGahee, Port of Authority of New York and N...
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*935 MEMORANDUM OPINION AND ORDER Before the court is defendants the City of Chicago’s and the individual police officers’ motion for summary judgment pursuant to Federal Rule of Civil Procedure 56(c). For the following reasons, the court grants defendants’ motion for summary judgment. I. BACKGROUND 1 Plaintiff Eric Holder (“Holder”) is a patrol officer for the ...
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95 F. Supp. 2d 264 (2000) William GORDON and Kay Gordon, Plaintiffs, v. Pam LOWELL, individually and in her official capacity as agent and/or employee of the County of Berks, George Kovarie, individually and in his official capacity as Director of Berks County Children and Youth Services, *265 Berks County Children and Youth Services, a state agency administered by the county of Berks, and Berks ...
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92 F.Supp.2d 545 (2000) Rafael MEDINA, Plaintiff, v. UNITED STATES of America, Defendant. No. CIV. A. 99-1498-A. United States District Court, E.D. Virginia, Alexandria Division. April 25, 2000. *546 Edward S. Rosenthal, Alexandria, VA, for Plaintiff. Jeri Kaylene Somers, United States Attorney's Office, Alexandria, VA, for Defendant. MEMORANDUM OPINION AND ORDER LEE, District Judge. THIS matter...
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OPINION AND ORDER ON DEFENDANT’S MOTION FOR SUMMARY JUDGMENT In this action, plaintiff Barbara Green alleges that her employer, General Motors Corporation (“GM” or “the company”), discriminated against her on the basis of her gender by disciplining her more harshly than male employees for fighting at .work. Green asserts claims for violation of Title VII of the Civil Rights Act of 196...
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88 F. Supp. 2d 1364 (2000) Randolph LUTON, Plaintiff, v. PRUDENTIAL INSURANCE COMPANY OF AMERICA, Defendant. No. 988504CIVGOLD. United States District Court, S.D. Florida. March 23, 2000. *1365 *1366 Alan P. Woodruff, Cape Coral, FL, Randall W. Henley, West Palm Beach, FL, for Plaintiffs. Mark W. Zelek, Miami, FL, for Defendants. ORDER GRANTING SUMMARY JUDGMENT IN FAVOR OF PLAINTIFF GOLD, Distri...
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OPINION In an opinion issued on July 15, 1998, this court found that the defendants Sam M. Antar, Allen Antar, and Benjamin Kuszer engaged in an extensive, multifaceted fraud which consisted of cash skimming, falsification of inventory counts, and the inflation of sales figures of certain key stores for the purpose of artificially inflating the price of Crazy Eddie stock. See SE...
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AMENDED ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT THIS CAUSE is before the court upon defendant Ken Jenne’s 1 motion for summary judgment (DE # 75) and plain *1310 tiff Scott Dressler’s motion for partial summary judgment (DE # 86). Having considered the parties’ arguments and evidence in the record, the court grants defendant’s motion for summary ...
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92 F. Supp. 2d 578 (2000) Alice C. KIRKLAND, et al. v. Dennis B. FRANCO. No. CIV.A. 99-2317. United States District Court, E.D. Louisiana. April 17, 2000. Ernest S. Anderson, Donald Bruce Cameron, Anderson & Anderson, Slidell, LA, for Plaintiff. Donald F. deBoisblanc, Donald Francis deBloisblanc, Jr., deBloisblanc & deBloisblan, Attorneys at Law, New Orleans, LA, for Defendant. ORDER AND...
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94 F.Supp.2d 793 (2000) Michael MOSSEY, Plaintiff, v. CITY OF GALVESTON, TEXAS and Reagan Williams, Defendants. Civil Action No. G-99-106. United States District Court, S.D. Texas, Galveston Division. April 25, 2000. *794 Andrew Michael Piekalkiewicz, Houston, TX, James S Walker, Walker and Hunt, Houston, TX, Matthew John Milan Prebeg, Glover Lewis, et al., Houston, TX, for plaintiff. William Sco...
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OPINION AND ORDER Plaintiff British Insurance Company of Cayman (“BICC” or “plaintiff’) brings this action pursuant to the Federal Arbitration Act (“FAA”), 9 U.S.C. § 1, et seq., to confirm a favorable interim order of the arbitration panel composed to resolve its underlying contract dispute with the defendant, Water Street Insurance Company (“Water Street” or “defendant”). Wat...
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96 F. Supp. 2d 1352 (2000) Judy A. BROCK, Plaintiff, v. BAXTER HEALTHCARE CORPORATION, et al., Defendants. No. 00-0075-BH-C. United States District Court, S.D. Alabama, Southern Division. April 19, 2000. *1353 *1354 Michael A. Youngpeter, Rothrock, Hannan & Youngpeter, Mobile, AL, for plaintiff. Maibeth J. Porter, Katharine A. Weber, Marcie E. Paduda, Maynard, Cooper, and Gale P.C., Birmingha...
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92 F.Supp.2d 410 (2000) PAUL P., et al., Plaintiffs, v. John J. FARMER, Jr., Attorney General of New Jersey, et al., Defendants. Civil Action No. 97-2919 (JEI). United States District Court, D. New Jersey. April 11, 2000. Susan L. Reisner, Public Defender for New Jersey by Michael Z. Buncher, Deputy Public Defender, Edward Barocas, Assistant Deputy Public Defender, for Plaintiffs. John J. Farmer,...
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ORDER Before the Court are Plaintiffs’ Motion to Remand Removal By Chicago Title In*1253surance Company (“Chicago Title”) and Plaintiffs’ Motion To Remand Removal By Pizza Hut of Florida, Inc. (“Pizza Hut”). I. Background This action arises out of a sale of real property located in Quitman, Georgia. On September 15, 1998, Pizza Hut and Plaintiff Aurora Satellite Communications, Inc. entered in...
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*2 MEMORANDUM OPINION INTRODUCTION This matter is before the Court on remand from the D.C. Circuit pursuant to its decisions in United States v. Boney, 977 F.2d 624 (D.C.Cir.1992), (“Boney I”), and United States v. Boney, 68 F.3d 497 (D.C.Cir.1996), (“Boney II ”). In Boney II the Circuit Court directed the District Court to conduct a second post-trial evi-dentiary hearing to determine whether...
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94 F. Supp. 2d 2 (2000) Linda E. LaPRADE, Plaintiff, v. KIDDER, PEABODY & CO., INC., Defendant. Civil Action Nos. 91-3330 (EGS), [74-1] [74-2] [74-3] [76-1] [76-2]. United States District Court, District of Columbia. February 29, 2000. *3 John C. LaPrade, LaPrade, & Associates, Washington, DC, Blaine Howell Bortnick, Liddle & Robinson, L.L.P., New York City, for Linda E. LaPrade. Lind...
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MEMORANDUM & ORDER Background On January 31, 2000, the defendant Re-nauld Brown pled guilty before this court to one count of being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1), and, on April 26, 2000, he was sentenced to seventy months of imprisonment on this charge. The sentencing issues addressed in this memorandum and order were rais...
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MEMORANDUM Now before me is defendants’, “Justices of the Court of Common Pleas First Judicial District Family Court Division,” the Honorable Paul P. Panepinto, and “Justices of Supreme Court of Pennsylvania,” 1 motion to dismiss pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). 2 For the following reasons, I will grant the defendants...
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MEMORANDUM OPINION AND ORDER Koula Poulos was 59 years old in 1998 when Motorola cut off her Long Term Disability Plan benefits after thirteen years, determining, despite her being diagnosed with, among other things, degenerative arthritis, osteoporosis, and depression, that she was not disabled. She appeals this determination of the Plan administrator, and I reverse it, ordering her benefits r...
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MEMORANDUM OPINION AND ORDER In 1996, Clinton Krislov ran for the Democratic party’s nomination as a U.S. Senator, while Joan Sullivan sought nomination as a Representative in the U.S. House of Representatives. Pursuant to the Illinois Election Code, as administered by the Illinois State Board of Elections, to be placed on the primary ballot, a candidate must' gather a requisite numbe...
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ORDER The Third-Party Defendant, the United States of America, has filed a motion to dismiss the Defendants’ Third-Party Complaint because of an alleged failure to serve process in accordance with the Federal Rules of Civil Procedure (FRCP). In the alternative, the Government argues that the case should be dismissed on the basis of the Government’s defense of Sovereign Immunity. The D...
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ORDER The court is ready to dispose of the remaining issue in this case, whether plaintiff can maintain a declaratory action pursuant to subsection 1503(a) of Title 8, of the United States Code. Petitioner/plaintiff is Hawa Said. Respondents/defendants are Robert Eddy, District Director of the United States Immigration & Naturalization Service, Doris Meissner, Commissioner of the...
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88 F. Supp. 2d 910 (2000) UAL CORP., United Airlines, Inc., Air Wis Services, Inc., Air Wisconsin, Inc., and Air Wisconsin Airlines Corp., Plaintiffs, v. MESA AIRLINES, INC., Defendant. No. 00 C 0675. United States District Court, N.D. Illinois, Eastern Division. March 23, 2000. *911 Michael Rowe Feagley, Priscilla Peterson Weaver, Jeffrey W. Sarles, Mayer, Brown & Platt, Chicago, IL, for UAL...
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MEMORANDUM — DECISION & ORDER I. Background Plaintiff brings the instant action alleging, inter alia, that Defendants Honest Weight Food Cooperative, Inc. (“HWFC”) and William Zeitlow (“Zeitlow”), Maryanne Winslow (‘Winslow”) and Michael Toye (“Toye”) (collectively “Defendants”) unlawfully discriminated against her on the basis of her Jewish ethnicity, religion and gender,...
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94 F.Supp.2d 557 (2000) Samuel O. KOCH, Petitioner, v. SCHUYLKILL COUNTY PRISON, Warden Gerald L. Britton, et al., Respondents. No. 4:CV-99-2252. United States District Court, M.D. Pennsylvania. April 26, 2000. *558 Samuel O. Koch, Pottsville, PA, Pro se. MEMORANDUM McCLURE, District Judge. BACKGROUND: On December 29, 1999, petitioner Samuel O. Koch, then an inmate at the State Correctional Ins...
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MEMORANDUM AND ORDER The plaintiff, Phyllis R. Wajda, brought this action against several tobacco compa *32 nies and distributors in Massachusetts Superior Court, and the defendants then removed the case to this Court, which has jurisdiction under 28 U.S.C. § 1332. The plaintiff claims that the defendants, conspiring with other members of the tobacco industry, deceived th...
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94 F. Supp. 2d 477 (2000) PPX ENTERPRISES, INC. and Edward Chalpin, Plaintiffs, v. Barry I. FREDERICKS, Defendant. Barry I. Fredericks, Counterclaimant, v. PPX Enterprises, Inc. and Edward Chalpin, Counterclaim Respondents. No. 96 Civ. 0050(CBM). United States District Court, S.D. New York. April 28, 2000. *478 Law Offices of Barry I. Fredericks, by Barry I. Fredericks, New York City, for Counter...
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88 F. Supp. 2d 1108 (2000) Gabriel MENDOZA, aka Gabriel Mendoza Alcala, Plaintiff, v. Kenneth S. APFEL, Commissioner of Social Security Administration, Defendant. No. CV 99-7813-RC. United States District Court, C.D. California. March 29, 2000. *1109 Joel D. Leidner, Los Angeles, CA, for Plaintiff. Dorothy A. Schouten, Asst. U.S. Atty., Los Angeles, CA, for Defendant. MEMORANDUM DECISION AND ORD...
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*488 OPINION Plaintiff Norman I. Becker sues the City-University of New York (“CUNY”) for age discrimination in violation of the Age Discrimination in Employment Act (“ADEA”), 29 U.S.C. § 621 et seq. Earlier this year, the United States Supreme Court held that the Eleventh Amendment of the Constitution bars a suit in federal court under the ADEA by a private indivi...
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*523 OPINION Claimant, Gertrude Woodford (“Wood-ford”), brings this action pursuant to 42 U.S.C. § 405(g) to challenge the final determination of defendant, the Commissioner of Social Security (“Commissioner”), denying her Supplemental Security Income Disability benefits (“SSDI”). Both parties move under Rule 12(c), F.R. Civ. P., for judgment on the pleadings. I. BACKGRO...
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MEMORANDUM — DECISION & ORDER I. Procedural History On June 10, 1987, the United States of America and the State of New York (collectively “the government”) initiated an action against 83 business entities to recover response costs pursuant to Section 107 of the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”) as amended, 42 U.S.C. § 9601, et seq....
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OPINION AND ORDER This case involves the alleged failure for the past twenty years of the State of New York to establish pollution limits, known as total maximum daily loads (“TMDLs”), for waterbodies in the State. Plaintiffs bring *533 this action against the United States Environmental Protection Agency and two of its administrators (collectively, “EPA”), pursuant to th...
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MEMORANDUM OPINION AND ORDER Before the court are Defendant’s Motion for Partial Summary Judgment as to Plaintiff Cathey Associates, Inc, filed December 23, 1997; Defendant’s Motion for Summary Judgment as to All Claims of Both Plaintiffs, filed December 23, 1997; and Defendant’s Motion for Summary Judgment that Plaintiffs Alleged Service Mark and Alleged Trade Dress are not Eligible ...
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92 F. Supp. 2d 562 (2000) UNITED STATES of America, Plaintiff, v. Lonnie GIBSON and E. Carol Gibson, Defendants. No. CRIM.A. 2:99-00092. United States District Court, S.D. West Virginia, Charleston Division. April 27, 2000. L. Anna Crawford, Assistant United States Attorney, Charleston, WV, for plaintiff. Brian J. Kornbrath, Assistant Federal Public Defender, Michael R. Cline, Charleston, WV, for...
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MEMORANDUM Plaintiffs Anthony T. McNeil, Sr., and Virgie D. Brooks brought this action against defendant AT & T Universal Credit Card Service Corporation (“AT & T”),1 alleging that AT & T negligently failed to provide insurance in violation of a credit card agreement. AT & T filed a counterclaim to which plaintiffs failed to respond. This Court entered a default judgment as to liability on the co...
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96 F. Supp. 2d 469 (2000) Harold J. McCOY, III, Petitioner, v. UNITED STATES of America, Respondent. Nos. CIV. A. 97-7552, CRIM. A. 95-116-1. United States District Court, E.D. Pennsylvania. April 28, 2000. Christopher R. Hall, Anthony J. Wzorek, U.S. Atty's Office, Philadelphia, PA, for U.S. Michael D. Shepard, Blank, Rome, Comisky & McCauley, Philadelphia, PA, *470 Thomas Colas Carroll, Phi...
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94 F.Supp.2d 18 (2000) Richard COLEMAN, et al., Plaintiffs, v. The PENSION BENEFIT GUARANTY CORPORATION, Defendant. No. 99-278 SSH. United States District Court, District of Columbia. March 21, 2000. *19 Susan S. Sauntry, Washington, DC, for plaintiffs. Jeffrey Bruce Cohen, Nancy Snyder Heermans, Pension Benefit Guaranty Corp., Office of the General Counsel, Washington, DC, for defendant. OPINIO...
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OPINION Battles for corporate control during the 1970’s and ’80’s frequently included lawsuits by takeover targets claiming that potential aggressors had violated Section 13(d) of the Securities Exchange Act of 1934 1 (the “Exchange Act”) by failing ac *171 curately to disclose the motives for their purchases of the targets’ shares and the membership of alleged gro...
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MEMORANDUM OPINION AND ORDER I THE CASE AND CONTROVERSY The Plaintiffs, trustees of the United Mine Workers of America Combined Ben *708 efit Fund (“Combined Fund”), filed suit in this court setting forth allegations that the Defendants, current dr past coal operators and related parties, are jointly and severally liable for unpaid health care premiums for certain assign...
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94 F.Supp.2d 903 (2000) Amma AMOAKOWAA, Plaintiff, v. Janet RENO, Attorney General of the United States of America, and Brian Perryman, District Director, Immigration and Naturalization Services, Defendants. No. 99 C 1843. United States District Court, N.D. Illinois, Eastern Division. March 24, 2000. Fred Amoakohene, Chicago, IL, for Plaintiff. James G. Hoofnagle, Jr., Special Asst. U.S. Atty., C...
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94 F. Supp. 2d 1027 (2000) WAL-MART STORES, INC., Plaintiff, v. Barry M. WATSON, et al., Defendants. No. CIV. 99-5187. United States District Court, W.D. Arkansas, Fayetteville Division. March 30, 2000. George R. Rhoads, Mark T. Fryauf, Matthews, Campbell, Rhoads, McClure & Thompson, Rogers, AR, for Wal-Mart Stores, Inc. G. Alan Wooten, Warner, Smith & Harris, Fort Smith, AR, for Barry Wa...
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OPINION AND ORDER This is an action for trademark infringement brought by Oregon resident Robert C. Perry (“Perry”)) a distributor of theft prevention devices for computers and other office equipment, against rightOn.com, a Delaware corporation with its principal place of business in Palo Alto, California. Perry owns the trademark Righton, used to designate an anti-theft device which attaches t...
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92 F.Supp.2d 1084 (2000) Edwina G. IBARRA, Plaintiff, v. COMMISSIONER OF THE SOCIAL SECURITY ADMINISTRATION, Defendant. No. CIV 99-6149-JO. United States District Court, D. Oregon. April 3, 2000. *1085 Ralph Wilborn, Ralph Wilborn & Etta L. Wilborn, Tucson, AZ, Tim D. Wilborn, Portland, OR, for plaintiff. William W. Youngman, Assistant United States Attorney, Portland, OR, Lucille G. Meis, So...
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MEMORANDUM and ORDER TABLE OF CONTENTS I INTRODUCTION..321 II FACTS. 323 A. Asbestos. 323 1. Uses and Production.323 2. Exposure.323 3. Health Hazards.324 4. Industry Coverup.324 5. Litigation and Settlement.'..325 B. Tobacco .326 1. Smoking.326 2. Synergy.327 3. Conspiracy.328 a. Synergy Knowledge.328 b. Synergy Co...
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ORDER Before the Court in the captioned case is each Defendant’s separate Motion for Summary Judgment. A hearing on these motions was conducted on January 13, 2000. For the reasons given below, each Defendant’s Motion for Summary Judgment is GRANTED. I. Background The facts are not in dispute. This suit arises from a tragic railroad accident. Plaintiff Marvin Stewart (“the engin...
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OPINION The complex marvels of cyberspatial communication may create difficult legal issues; but not in this case. Defendant’s infringement of plaintiffs’ copyrights is clear. Accordingly, on April 28, 2000, the Court granted defendant’s motion for partial summary judgment holding defendant liable for copyright infringement. This opinion will state the reasons why. The pertinent ...
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98 F. Supp. 2d 1057 (2000) Susan LUDWIG, Plaintiff, v. NORTHWEST AIRLINES, INC., Defendant. No. Civ. 98-1580PAM/FLN. United States District Court, D. Minnesota. April 5, 2000. *1058 *1059 *1060 *1061 Stephen W. Cooper, Kathryn J. Cima, Stacey R. Everson, Eric D. Bull, Cooper Law Office, Minneapolis, MN, for Susan Ludwig, Plaintiff. Timothy Robert Thornton, Lauren Elizabeth Lonergan, Kristin L. Ch...
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*63 DECLARATORY JUDGMENT AND INJUNCTIVE RELIEF JURY TRIAL REQUESTED OPINION AND ORDER Pending disposition before the Court is co-defendants Miguel Muñoz-Muñoz and Andrés Rosado-Padilla’s “Motion to Dismiss Under F.R.Civ.P. 12(b)(6)”, (Docket # 15), along with plaintiffs opposition and memorandum of law. (Docket # 18). Also before the Court in a related matter is the co-d...
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MEMORANDUM In this matter, plaintiffs Martha L. Mill-saps, Frank J. Conti, and Rachel D. Conti challenge the validity of the Tennessee early voting system (“TEVS”), Tenn.Code Ann. §§ 2-6-101 - 2-6-111, 2-6-301 - 2-6-312 (1999). Plaintiffs bring this action pursuant to .42 U.S.C. § 1983 and 28 U.S.C. § 2201 for declaratory and injunc-tive relief, contending that TEVS conflicts with the...
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85 F. Supp. 2d 1012 (2000) Michael KATZ, Plaintiff, v. CITY OF AURORA and Verne R. Saint Vincent, Defendants. No. CIV.A. 99-S-1047. United States District Court, D. Colorado. February 18, 2000. *1013 *1014 *1015 Richard Stephen Shaffer, Law Office of Richard S. Shaffer, PC, Aurora, CO, for plaintiff. Peter Ruben Morales, Charles H. Richardson, Office of the Aurora City Attorney, Aurora, CO, Timot...
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92 F.Supp.2d 1236 (2000) Yue YU (a/k/a/ Yu Yue), et al., Plaintiffs, v. Douglas BROWN, et al., Defendants. No. Civ.97-1491 MV/WWD. United States District Court, D. New Mexico. April 26, 2000. *1237 Richard W. Hughes, John L. Sullivan, Rothstein, Donatelli, Hughes, Dahlstrom, *1238 Schoenburg & Enfield, Santa Fe, NM, John W. Lawit, Albuquerque, NM, for Yue Yu, plaintiff. Michael H. Moses, Joan...
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111 F. Supp. 2d 688 (2000) William G. THELEN, Marlene Koeppel, Lisa Abrams, and Gabrielle Koeppel, individually and on behalf of all others similarly situated v. MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY. Civil Action No. DKC 99-18. United States District Court, D. Maryland. March 30, 2000. *689 Marc I. Gross, Pomerantz Haudek Block Grossman & Gross LLP, New York City, Seth D. Goldberg, Set...
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MEMORANDUM Before the court are the parties’ cross-motions for summary judgment. The parties have briefed the issues, and the motions are ripe for disposition. I. Background This is an action for declaratory judgment filed by Plaintiffs Terry L. Sallada and Bonnie L. Sallada, insureds under an automobile insurance policy, against Defendant Nationwide Mutual Insurance Co., issuer of the po...
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ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT ON THE STATE’S CHALLENGE TO FEMA’S DUPLI-CATIVE BENEFITS INFORMATION; ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF’S COUNTER MOTION FOR SUMMARY JUDGMENT The background of this case was set forth in this court’s Order Granting Plaintiffs Motion to Supplement Record; Order Granting in Part And Denying in ...
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ORDER & OPINION GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT THIS CAUSE is before the Court upon Defendant Metro-Dade County Fire Department’s (hereinafter the “Department”) motion for summary judgment. For the reasons that follow, the Department’s motion is granted. I. BACKGROUND Unfortunately, the Department has a not so distant history of systemic employment discrimin...
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85 F. Supp. 2d 557 (2000) Martin BIBUM v. PRINCE GEORGE'S COUNTY, et al. No. CIV. A. DKC 98-3684. United States District Court, D. Maryland. January 13, 2000. *558 *559 *560 Sean Robert Day, Law Office, College Park, MD, for Plaintiff. John Anthony Bielec, County Attorney's Office, Upper Marlboro, MD, for Defendant Prince George's County. Sean D. Wallace, Deputy County Attorney, John Anthony Biel...
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*1289 MEMORANDUM OPINION Before the court is Defendant Kelly Temporary Services Inc.’s (“KTS” or “Defendant”) Motion For Summary Judgment (“Mot.”) and Brief (“Br.”), both filed January 21, 2000. Plaintiff Michael Kennedy (“Plaintiff’) filed a Response And Brief To Defendant’s Motion For Summary Judgment (“Resp.”) on February 8, 2000. On February 14, 2000, KTS filed a Reply. A...
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94 F.Supp.2d 1277 (2000) Danny CREWS, Plaintiff, v. FIRST CORRECTIONS CORPORATION, et al., Defendants. No. CA 99-0440-MJ-C. United States District Court, S.D. Alabama, Northern Division. April 10, 2000. *1278 Yancey N. Burnett, Mobile, AL, for Plaintiff. Leslie M. Allen, Balch & Bingham, Montgomery, AL, Warren David Harless, Christian & Barton LLP, Richmond, VA, for Defendants. MEMORANDU...
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MEMORANDUM OPINION AND ORDER Donald Aquino sued his employer, the Automotive Service Industry Association (“ASIA”), for age discrimination after he was fried in January 1997 at the age of 63. Both parties have filed motions in limine, which I rule on below. I grant motions in limine to exclude evidence only if the evidence sought to be excluded is clearly inadmissible for any pur...
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OPINION The present matter comes before the court on plaintiffs motion to remand and defendants’ motion to dismiss or, in the alternative, for summary judgment. For the reasons set forth below, plaintiffs motion is DENIED and defendants’ motion is GRANTED. Moreover, as the court finds that plaintiffs claims are wholly frivolous and part of an ongoing campaign to harass defendants, the...
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94 F. Supp. 2d 883 (2000) Laurie MORENO, Plaintiff, v. GRAND VICTORIA CASINO, Defendant. No. 98 C 336. United States District Court, N.D. Illinois, Eastern Division. March 3, 2000. *884 *885 *886 Dennis M. O'Bryan, Kirk E. Karamanian, O'Bryan, Baun & Cohen, Birmingham, MI, Frederic A. Mendelsohn, Lauren A. Lundin, Schoenberg, Fisher, Newman & Rosenberg, Ltd., Chicago, IL, for Plaintiff. K...
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MEMORANDUM OPINION AND ORDER Robert Gruener was 48 years old in May 1997 when Ameritech fired him from his position as a customer services representative. He filed this age discrimination case in a timely way after receiving his right to sue letter from the EEOC. His attorney withdrew, but he continued to prosecute the case on his own. Ameritech says he was fired because of unsatisfac...
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MEMORANDUM OPINION AND ORDER First grade teacher Christopher Bogo-sian was accused of inappropriate conduct *875 towards his students at Wiesbrook Elementary School, which is administered by the Board of Education of Community School District 200 (the “Board”). Despite his vehement denial of these allegations, pressure was placed upon him to resign. Mr. Bogosian then retained an attorney. A...
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92 F.Supp.2d 882 (2000) Larry JACKSON, Plaintiff, v. WAL-MART STORES, INC. ASSOCIATES' HEALTH AND WELFARE PLAN, Defendant. No. Civ. 00-5004. United States District Court, W.D. Arkansas, Fayetteville Division. April 13, 2000. *883 Timothy J. Myers, Mashburn & Taylor, Fayetteville, AR, for plaintiff. Michael R. Jones, Gilker & Jones, Mountainburg, AR, for defendant. MEMORANDUM OPINION H. F...
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126 F. Supp. 2d 1239 (2000) In re McKESSON HBOC, INC. SECURITIES LITIGATION This Document Relates To All Actions No. C-99-20743-RMW. United States District Court, N.D. California. May 1, 2000. *1240 Leonard Barrack, Barrack Rodos & Bacine, Philadelphia, PA, Max W. Berger, Bernstein Litowitz Berger & Grossmann LLP, New York, NY, Counsel for lead plaintiffs. James E. Lyons, Skadden, Arps, S...
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MEMORANDUM OPINION This matter comes before the Court on a motion for partial summary judgment by defendant Charles Schwab & Co., Inc. (“Schwab”) pursuant to Federal Rule of Civil Procedure 56 seeking dismissal of the third and fifth claims for relief of plaintiffs Howard R. Duffy, III and James P. Duffy (collectively “Duffy”), which allege statutory and common law unfair competition and ...
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DECISION AND ORDER Introduction On February 23, 1999, after a two week trial, the jury returned a verdict finding liability and awarding damages against four of the defendants in the above captioned case. Specifically, defendant Hall was found liable in the amount of $10,000 to plaintiff and defendants Irvin, Branning and Coughlin were found liable in the amount of $650,000 to pl...
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MEMORANDUM & ORDER By motion filed February 29, 2000, heard and fully submitted on April 7, 2000, *137 Defendants, in this action pursuant to 42 U.S.C. § 1983 for violation of civil rights, move pursuant to Rule 12(b)(6) Fed. R.Civ.P. to dismiss the complaint for failure to state a claim or in the alternative to dismiss the complaint against defendants George P. Bucci, Jr., N...
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94 F. Supp. 2d 1241 (2000) Sandra C. SWEENEY, Plaintiff, v. STATE OF ALABAMA ALCOHOLIC BEVERAGE CONTROL BOARD, Defendant. No. Civ.A. 98-D-728-N. United States District Court, M.D. Alabama, Northern Division. April 17, 2000. *1242 *1243 *1244 Sandra C. Sweeney, Montgomery, AL, Pro se. Jacqueline L. Mixon, Montgomery, AL, for Plaintiff. Robert S. Hill, Montgomery, AL, for Defendant. MEMORANDUM OPI...
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91 F. Supp. 2d 1287 (2000) Randi (Ricklick) WATERS, Plaintiff, v. METROPOLITAN STATE UNIVERSITY, a state program; Mark Matthews, in his individual and official capacity; State University Board, a state agency; State of Minnesota, Defendants. No. CIV. 98-1192 (DWF/AJB). United States District Court, D. Minnesota. March 21, 2000. *1288 Steven Heikens, Heikens Law Office, Minneapolis, MN, for Plaint...
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98 F. Supp. 2d 613 (2000) Marca GRAVES, et al., Plaintiffs, v. COUNTY OF DAUPHIN, Defendant. No. 4:CV-95-1624. United States District Court, M.D. Pennsylvania. April 10, 2000. *614 James J. West, Harrisburg, PA, Adrian J. Moody, Moody & Anderson, P.C., Issac Green, Philadelphia, PA, for Marca M. Graves, Antoinette R. Trueitt, Laura Segarra, Debra C. Napper, Marshell L. Napper, Sherry L. Reiff...
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92 F.Supp.2d 601 (2000) Glen ALLISON, et al. v. TARRANT COUNTY, TEXAS, et al. No. Civ.A. 4:98-CV-956-Y. United States District Court, N.D. Texas, Fort Worth Division. April 20, 2000. *602 Jason C.N. Smith, Art Brender, Law Offices of Art Brender, Fort Worth, TX, for Glenn Allison and Steve Henry. Russell Friemel, Tarrant County District Attorney's Office, Fort Worth, TX, for defendants. ORDER DE...
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116 F. Supp. 2d 1007 (2000) Marvin L. BARMES and Barbara J. Barmes, Plaintiffs/Counterclaim Defendants, v. INTERNAL REVENUE SERVICE, United States of America, Defendant/Counterclaim Plaintiff/Third-Party Plaintiff, v. Sandbar Real Estate Trust, Sandbar Wholesale Trust, established under instruments dated 10/12/95, as alter egos, nominees and/or transferees of Marvin L. Barmes and Barbara J. Barme...
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MEMORANDUM OPINION AND ORDER Donald Newell was indicted for filing a false tax return in 1994. The government attempted to subpoena certain records relating to statements Newell made at a proffer session with his former attorney. It has withdrawn a demand in that subpoena for records relating to statements Newell made relating to the subject matter of his proffers and for attorney billing infor...
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134 F. Supp. 2d 441 (2000) Amanda J. DINGLE, on behalf of herself and all other similarly situated, Plaintiff, v. UNION CITY CHAIR COMPANY and The Brittany Corporation, Defendants. No. CIV.A. 99-137 Erie. United States District Court, W.D. Pennsylvania. February 8, 2000. Lawrence C. Bolla, Arthur D. Martinucci, Quinn, Buseck, Leemhuis, Toohey & Kroto, Inc., Erie, PA, for Plaintiff. David R. J...
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MEMORANDUM OPINION AND ORDER In 1999, Richard Hanson was fired from his job as a driver at Consolidated Freightways when DrugScan, a drug-testing firm, reported that a urine sample Hanson had submitted for a required drug test was not of human origin. Hanson sued DrugScan in Illinois circuit court, alleging negligent testing, and claiming economic, reputational and psychological damag...
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MEMORANDUM AND ORDER Plaintiffs claim that the individual plaintiff, reporter Tori Marian, was denied access to the Cook County Jail in retaliation for unfavorable articles published in 1998. Seeking injunctive relief, they sue the sheriff, the jail director, the public information officer and the press officer in their official capacities. Now they wish to depose the sheriff and the jail direct...
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MEMORANDUM OPINION AND ORDER In 1995, Mr. Wright was convicted of first degree murder in Illinois Circuit Court, for which he received a sentence of 60 years in prison, and attempted armed robbery, for which he got a further eight years. He appealed to the Illinois Appellate Court, and in 1996 his attempted robbery sentence was vacated, but his murder sentence was affirmed. In 1996, he fi...
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MEMORANDUM OPINION AND ORDER Plaintiff Thomas Moriarty, as the trustee on behalf of the Teamsters Local Union No. 727 Pension and Health and Welfare Trusts (the “Funds”), brought this action to collect employer contributions from Thompson & Kuenster Funeral Home (“Thompson & Kuenster”), which he claims are due to the Funds pursuant to the Employee Retirement Income Security...
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MEMORANDUM AND ORDER M.C. is 14 years old and a resident of Chicago, Illinois. On April 5, 1999, he was arrested at a Chicago public school, charged with criminal trespass to land, and detained in custody at the Juvenile Temporary Detention Center of Cook County, of which defendant Jesse Doyle serves as superintendent. Because the state sought to hold M.C. in custody until his delinqu...
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MEMORANDUM OPINION AND ORDER THIS MATTER comes before the court on Defendants’ Motion to Preclude Polygraph Evidence or for Independent Polygraph Examination. Having reviewed the submissions of the parties, the court finds that Defendants’ motion is well-taken and shall be granted. On February 24, 1999, Plaintiff John Montano was in a single vehicle automobile accident, which left him serious...
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ORDER DENYING PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTION AND GRANTING THE UNITED STATES INTERNATIONAL TRADE COMMISSION’S MOTION FOR LEAVE TO INTERVENE This matter comes before the Court on Plaintiffs Motion for Preliminary Injunction. At issue is whether Plaintiff and Counter-defendant Texas Instruments, Inc. (hereinafter “TI”) has made a sufficient showing to justify granting the preliminary...
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94 F.Supp.2d 856 (2000) Tracey HALTON, et al., Plaintiffs, v. GREAT CLIPS, INC., et al., Defendants. No. 1:99 CV 706. United States District Court, N.D. Ohio, Eastern Division. April 20, 2000. *857 William J. Novak, Thomas D. Robenalt, David W. Skall, Susan E. Petersen, Rubenstein, Novak, Einbund, Pavlik, & Celebrezze, Cleveland, OH, for Plaintiffs. Gregory J. Stenmoe, Tamika Nordstrom, Jason...
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94 F.Supp.2d 1200 (2000) DAYS INNS OF AMERICA, INC., Plaintiff, v. REGENCY MANOR, LTD., et al., Defendants. No. Civ.A. 99-2039-GTV. United States District Court, D. Kansas. April 10, 2000. Edward R. Spalty, Donald G. Scott, Armstrong Teasdale LLP, Kansas City, MO, for Days Inns of America, Inc., plaintiff. Richard C. Wallace, Joanne B. Stutz, Evans & Mullinix, P.A., Shawnee, KS, Ben L. Krage,...
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MEMORANDUM AND ORDER Plaintiff Sports Unlimited, Inc. (“Sports Unlimited”) brings this action against defendant Lankford Enterprises, Inc. (“Lankford”) alleging unfair competition in violation of the Lanham Trademark Act of 1946, 15 U.S.C. § 1051 et seq. (“Lanham Act”), tortious interference with prospective business advantages, and tortious interference with contract. Dive...
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ORDER After due proper consideration of all portions of this file deemed relevant to the issues raised, and a de novo determination of those portions of the Report and Recommendation to which objection is made, the Report and Recommendation to which objection is made, the Report and Recommendation of the Magistrate Judge made under 28 U.S.C. § 636(b)(1)(B) is ADOPTED as the opinion of this Cour...
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MEMORANDUM OPINION & ORDER THIS MATTER having come before the Court on the Defendants’ Motion to Dismiss or, in the Alternative, Motion for Summary Judgment (Docket No. 13), the Court having read said motion, the memo-randa in support of and in opposition to said motion and otherwise being fully advised, finds that the motion is well-taken and shall be granted. INTRODUCTION ...
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MEMORANDUM OPINION Plaintiff Duane Dean Thornton brings this action against the United States Marshals Sendee, the United States Bureau of Prisons, and three unidentified United States Marshals (the “federal defendants”), Anoka County, Deputy Detention Officer Sandra Strom (“Strom”), Marilyn Noll (“Noll”), and two unidentified deputy officers at the Anoka County Jail (the “Anoka County de...
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MEMORANDUM OPINION AND ORDER Before the court are Defendants State of Alabama, Alabama Department of Transportation (“DOT”), Ray Bass (“Bass”), Jimmy Butts (“Butts”), Dykes Rushing (“Rushing”) and Lamar Wood-ham’s (“Woodham”) joint Motion To Dismiss 1 (“State Defs.Mot.”), together with a Memorandum Brief (“State Defs.Br.”), both filed May 21, 1999, and Defendant Charles Har...
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94 F. Supp. 2d 1189 (2000) COTRACOM COMMODITY TRADING AG and Bendel Feed and Flour Mill, Ltd., Plaintiffs/Counter-Defendants, v. SEABOARD CORPORATION, Seaboard Trading & Shipping, Ltd. and Sasco Engineering Company, Defendants/Counter-Claimants, v. Industrie-Bau Nord AG, IBN Engineering GmbH and IBN Agrotrading AG, Counter-Defendants. No. Civ.A. 97-2391-GTV. United States District Court, D. K...
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OPINION Plaintiff Eastern America Trio Products, Inc. (“Eastern”) here sues two of its competitors for design patent, trade dress, and copyright infringement, as well as unfair competition, trademark dilution, and deceptive business practices. Eastern alleges that Tang Electronic Corporation (“Tang”) and Digital Import 1 are infringing its table top pay telephone design, imitat...
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MEMORANDUM OPINION AND ORDER On this day, the above styled matter came before the Court for consideration of the defendants' motion for summary judgment (Document No. 14). After reviewing the memorandum of law supporting the motion, the Court finds that it should be granted. /. PROCEDURAL BACKGROUND On November 23,1998, the plaintiff filed his complaint naming, inter alia, Jerry Detri...
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96 F. Supp. 2d 761 (2000) Ray CENTANNI, Petitioner, v. Donald SNYDER, et al., Respondents. No. 00 C 1680. United States District Court, N.D. Illinois, Eastern Division. May 1, 2000. *762 Ray Centanni, East Moline, IL, pro se. Chief of Criminal Appeals, Illinois Attorney General's Office, Chicago, IL, for Donald Snyder. SUPPLEMENT TO MEMORANDUM OPINION AND ORDER SHADUR, Senior District Judge. Ray...
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MEMORANDUM OPINION AND ORDER Perry Jones and Robert Skaletsky filed an age discrimination lawsuit after they were fired from their positions as auditors at the City Colleges of Chicago. The case went to trial, and a jury rendered a verdict in favor of the defendants. A prevailing party in a civil suit may recover costs pursuant to Federal Rule of Civil Procedure 54(d)(1). These costs are presump...
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MEMORANDUM OPINION AND ORDER This lawsuit was commenced by a female lawyer, Sharon Swarsensky Bilow, against her former law firm, Much Shelist Freed Denenberg Ament & Rubenstein, P.C. (“Much Shelist” or “the Firm”), after it terminated her employment. On October 18, 1999, this Court granted in part and denied in part the defendant’s motion to dismiss the federal claims in Bilow’s comp...
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ORDER Plaintiff, David K. Crockett, filed this case in the Superior Court of Henry County, Georgia, seeking to recover from Defendant, Norfolk Southern Railway Company (Norfolk Southern), for the allegedly wrongful death of Plaintiffs son, Michael Taylor Crockett (Crockett). Defendant removed the case to this Court based on diversity jurisdiction. The case is before the Court on Plain...
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*508 MEMORANDUM OPINION The appellants are appealing the October 6, 1999 order of the bankruptcy court overruling all but one of the objections of the Department of Medical Assistance Services (“DMAS”) to confirmation of the modified second amended plan of reorganization (“Aseend’s plan”) proposed by Ascend Healthcare (“Ascend”). The appellants invoke jurisdiction pursuant to...
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MEMORANDUM OPINION AND ORDER During an administrative hearing before the West Virginia Department of Education, Michael M., by his parents Stephen M. and Teresa M. (“parents”), alleged that the Board of Education of the County of Kanawha (“Board”) violated the Individuals with Disabilities Education Act (“IDEA”), 20 U.S.C. § 1400 et seq., by failing to provide Michael with a free appropriate ...
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AMENDED ORDER and MEMORANDUM On April 18, 2000, only hours before the execution of Robert Glen Coe, scheduled for 1:00 a.m. on April 19, 2000, Coe filed a petition to cite Warden Ricky Bell for contempt, on the ground that Bell was going to deny Coe access to his counsel during the insertion of the catheters that would carry the lethal drugs into his body. Coe maintained that this was a cruci...
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98 F. Supp. 2d 958 (2000) KINGVISION PAY PER VIEW, LTD., a Delaware corporation, Plaintiff, v. BOOM TOWN SALOON, INC., an Illinois corporation d/b/a Boom Town Saloon and Eugene Perry, individually, Defendant. No. 99 C 7710. United States District Court, N.D. Illinois, Eastern Division. April 28, 2000. *959 Jeffrey Robert Platt, Rolwes & Platt, Chicago, IL, for plaintiff. Daniel K. Touhy, Timo...
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92 F. Supp. 2d 1208 (2000) John P. MATCHIE, Plaintiff, v. Kenneth S. APFEL, Commissioner of Social Security, Defendant. No. 99-4004-RDR. United States District Court, D. Kansas. April 4, 2000. *1209 Richard D. Charlton, Sr., Thomas J. Leising, Topeka, KS, for John P Matchie, plaintiff. D. Brad Bailey, Office of United States Attorney, Topeka, KS, for Social Security, Commissioner of, defendant. ...
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ORDER Due to the need to refine certain case citations, the opinion of February 11, 2000 (Docket No. 110) is withdrawn and the Memorandum and Opinion of April 27, 2000, is substituted in place thereof. MEMORANDUM I. INTRODUCTION This is an action brought by Suzanne Garner (“Garner”), a former employee of Motorola, under the Equal Pay Act (29 U.S.C. § 206[d][l] [1999...
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94 F.Supp.2d 1206 (2000) Timothy A. DOUGHERTY, Plaintiff, v. VENATOR GROUP RETAIL, Defendant. No. 99-4055-RDR. United States District Court, D. Kansas. April 10, 2000. Lelyn J. Braun, Oyler & Pauzauskie, Topeka, KS, for Timothy A Dougherty. William C. Martucci, Spencer, Fane, Britt & Browne, Kansas City, MO, Jeannie M. DeVeney, Spencer, Fane, Britt & Browne, Overland Park, KS, for Ven...
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MEMORANDUM OPINION AND ORDER Plaintiffs Thomas & Betts Corporation and Thomas & Betts Holdings, Inc. (collectively “T & B”) have filed a seventeen-count complaint against' competitor Pan-duit Corp. (Panduit) and former employee Jeffrey Wimmer (Wimmer) (collectively “defendants”), alleging misappropriation of *970 confidential information in violation of contrac...
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96 F. Supp. 2d 744 (2000) Cindy COLLINS, individually and as Special Administrator of the Estate of Candy Frederiksen, Deceased, Plaintiff, v. VILLAGE OF WOODRIDGE, Donald Janus, Steven List, Gerald Symonds, Duane Barr, Geoffrey Korous, Steven Herron, William Murphy, and Kathleen Rush, Defendants. No. 95 C 6097. United States District Court, N.D. Illinois, Eastern Division. March 17, 2000. *745 *...
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DECISION AND ORDER This action, which stems from a dispute over a lease agreement for certain commercial equipment, was commenced by plaintiff, Fred Sauer, in 1995. Since then, the court has issued several decisions addressing the merits of the parties’ claims and counterclaims. As a result of those *127 prior decisions, at this point all of plaintiffs claims have been di...
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OPINION AND ORDER INTRODUCTION Plaintiff, Darrick L. Hunter (“Hunter”), an inmate at the Snake River Correctional Institution (“SRCI”) appearing pro se, brings this action under the Civil Rights Act of 1871, 42 U.S.C. § 1983, against various SRCI employees for unlawfully terminating his prison job/assignment as an inmate legal assistant. Hunter alleges that defendants ...
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ORDER This is a products liability action. It is before the Court on the Defendant Mazda Motor Corporation’s Motion to Dismiss [Doc. 3-1] and Motion for a Preliminary Hearing [Doc. 3-2], For the reasons set forth below, both motions are denied. I. BACKGROUND This case arises out of an automobile collision that occurred on December 31, 1997. Plaintiff was driving a 1992 Mazda automobile northb...
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94 F.Supp.2d 1087 (2000) Kenneth VAN WESTRIENEN and Deborah Van Westrienen, husband and wife, Plaintiffs, v. AMERICONTINENTAL COLLECTION CORPORATION, an Oregon corporation, and Phillip Allan Fischer, aka Gus McTavish, Defendants. No. CV-99-819-ST. United States District Court, D. Oregon. April 12, 2000. *1088 *1089 *1090 *1091 *1092 *1093 Damon J. Petticord, Tigard, OR, for Plaintiffs. Frank H. L...
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ORDER GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT This case is about the extent of a performance bond surety’s obligation to finish a construction project within the underlying construction contract’s completion deadline after a default by the surety’s principal. After reading the briefs, hearing oral arguments, and being fully advised in the premises, the Court FINDS and ORDERS ...
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92 F.Supp.2d 936 (2000) ENTERPRISE LEASING COMPANY, Plaintiff, v. METROPOLITAN AIRPORTS COMMISSION, Defendant. No. Civ. 98-1327 (JRT/FLN). United States District Court, D. Minnesota. April 24, 2000. *937 David Powell Pearson, Winthrop & Weinstine, St. Paul, MN, Karl Craig Wildfang, Winthrop & Weinstine, Minneapolis, MN, for Enterprise Leasing Company, plaintiff. Donald Wright Selzer, Jr.,...
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AMENDED AND SUBSTITUTED ORDER ON MOTION FOR SUMMARY JUDGMENT Now before the Court is Defendant Marvin Runyon’s Motion for Summary Judgment of Plaintiff Jeff Hiller’s action alleging violation of the Americans with Disabilities Act of 1991 (“ADA”) and the Rehabilitation Act of 1973 (“Rehabilitation Act”). Plaintiff resisted the Motion and Defendant filed a reply brief; this matter is consi...
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94 F. Supp. 2d 1217 (2000) Ben LEWIS, Aaron Norrid, Billy Jo Quisenberry and Fred Romero, by and through their legal guardian and next of friend the Arc of New Mexico, Breanne Liddell, by and through her parent and legal guardian Judy Liddell, Matthew Allen, by and through his parents and legal guardians Jim and Angela Allen, Fay Morgan, Deborah Eminger and Protection and Advocacy System, Inc., P...
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94 F.Supp.2d 1112 (2000) Stephen M. COHEN, an Individual, Plaintiff, v. Charles CARREON, an Individual; Gary Kremen, an Individual; and Does 1-100, Defendants. No. CV-00-235-ST. United States District Court, D. Oregon. April 24, 2000. *1113 Robert S. Dorband, DuBoff & Ross, Portland, OR, for Plaintiff. Susan K. Eggum, Susan K. Eggum, PC, Portland, OR, Steven A. Kraemer, Hoffman Hart & Wag...
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OPINION THIS MATTER is before the Court on Plaintiffs Motion for Summary Judgment (Doc. 28) and Defendant’s Motion for Summary Judgment (Doc. 34), both filed January 21, 2000. The Court has reviewed the motions, the memoranda submitted by the parties, and the relevant authorities. The Court finds that Defendants’ argument is well taken and rejects Plaintiffs’ argument. The Court, ther...
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96 F. Supp. 2d 1053 (2000) William SELBY, Plaintiff, v. NEW LINE CINEMA CORPORATION, et al., Defendants. No. CV99-12633 AHM(AIJx). United States District Court, C.D. California. March 6, 2000. *1054 Glen L. Kulik, Kulik Gottesman & Mouton, Los Angeles, CA, for Plaintiff. Kathryn A. Young, Rosenfeld Meyer & Susman, Beverly Hills, CA, for Defendants. ORDER DENYING DEFENDANTS' MOTION TO DIS...
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MEMORANDUM OF DECISION AND ORDER In its August 25, 1999 decision, this Court held that an employer being sued for age discrimination, based partly upon the terms of a Collective Bargaining Agreement and a Performance Planning and Evaluation Program (“PP & E”), may seek contribution under the New York Human Rights Law (“NYHRL”) and CPLR 1401 from the union that was a party to those lab...
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*151 MEMORANDUM & ORDER Before this Court for decision is the second motion by the Idaho Potato Commission, represented by the Attorney General of the State of Idaho, for relief under Rule 60(b) of the Federal Rules of Civil Procedure, representing the third attempt by the Idaho Potato Commission (hereinafter the “IPC”) to assert Eleventh Amendment immunity. Familiarity ...
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MEMORANDUM DECISION AND ORDER DISMISSING THE COMPLAINT AND DENYING. THE CROSS-MOTION FOR LEAVE TO AMEND This is the second action to. be filed with this Court (and assigned to this judge) arising out of Plaintiff Ashok Kashelkar’s dissatisfaction with the resolution of his legal affairs. In' this first action, Kashel-kar sued the judge, the law secretary and the lawyers who were involved ...
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MEMORANDUM AND ORDER GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT Plaintiff Marie O’Neill Manfredi brings this action on behalf of her minor daughter, Frances O’Neill, a student at Pennington Grimes School, an elementary school administered by Defendant Mount Vernon Board of Education. During the period relevant to this litigation, Defendant Thomas Pesce was the principal of Pennington Grim...
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DECISION AND ORDER Procedural Background In his amended complaint in this employment discrimination action, Rosario Cavallaro (“Cavallaro” or “plaintiff’), a former employee of defendant Corning Incorporated (“Corning” or “defendant”), alleges disability discrimination and retaliation in violation of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. ...
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DECISION AND ORDER INTRODUCTION Petitioner, Richard Berger, while confined at Great Meadow Correctional Facili *361 ty, filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Berger was convicted on June 13, 1986, following a jury trial in Supreme Court, Monroe County, of Murder in the Second Degree. N.Y.Penal L. § 125.25(1). This charge arose out of the shooting death...
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*680ORDER This matter is before the court on the defendants’ (collectively “government”) motion for summary judgment. Terrance McDaniel (“McDaniel”) opposes the motion. For the reasons below, the court grants the government’s motion for summary judgment. I. Statement op the Facts On February 16, 1993, police obtained written consent from McDaniel and three other criminal suspects to search their ...
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REVISED MEMORANDUM AND ORDER Petitioner Charles Jones (“Jones”) is currently serving an indeterminate term of imprisonment of six to twelve years pursuant to a 1995 New York state conviction for Criminal Sale of a Controlled Substance in the Third Degree, N.Y. Penal Law § 220.39 (McKinney 2000). Jones brings this action under 28 U.S.C. § 2254 (Supp.1999) seeking habeas corpus relief o...
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95 F. Supp. 2d 723 (2000) FARM LABOR ORGANIZING COMMITTEE, et al., Plaintiffs, v. The OHIO STATE HIGHWAY PATROL, et al., Defendants. No. 3:96CV7580. United States District Court, N.D. Ohio, Western Division. April 20, 2000. *724 *725 *726 *727 John Mark Finnegan, William B. Senhauser, Equal Justice Foundation, Toledo, OH, for Plaintiff. Allen P. Adler, Carol Hamilton O'Brien, Office of Attorney G...
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*654 MEMORANDUM Plaintiff Jerome M. Irving (“Irving”) filed this action in the Court of Common Pleas of Delaware County, Pennsylvania, claiming breach of contract and bad faith by his insurer, defendant Allstate Insurance Company (“Allstate”), 1 due to Allstate’s failure to indemnify Irving following the 1997 theft of his custom-built motorcycle. Allstate removed the c...
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MEMORANDUM This action arises out of a tragic fight between plaintiff Larry Morris (“Morris”) and four other youths1 in 1996. Morris alleges in his complaint that he was beaten severely by the four youths and sustained numerous kicks and punches to the head and body. Bristol township police officers arrived on the scene and the assailants fled. The injured Morris was placed in a police car for so...
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MEMORANDUM AND ORDER On April 27, 1998, defendant Brian Hancock pled guilty before this court to one count of possession of a firearm by a convicted felon in violation of 18 U.S.C. § 922(g)(1). Now before the court is Hancock’s motion for a downward departure. Upon consideration of the submissions of the parties, and after a sentencing hearing, the court, ruling from the bench, grante...
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96 F. Supp. 2d 481 (2000) Thomas DUGAN and Karen Dugan, Plaintiffs, v. COASTAL INDUSTRIES, INC. and United States of America, Defendants. No. CIV. A. 99-3080. United States District Court, E.D. Pennsylvania. May 2, 2000. *482 Jeffrey S. Pearson, Norristown, PA, for Plaintiffs. Susan Shinkman, U.S. Attorney's Office, Philadelphia, PA, for Defendants. MEMORANDUM LOWELL A. REED, Jr., Senior Distric...
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MEMORANDUM-DECISION and ORDER I. INTRODUCTION Plaintiff Better Environment, Inc. (“plaintiff’) commenced the instant action on June 1, 1998, alleging that defendant Hartford Insurance Company (“defendant”) improperly denied coverage for plaintiffs alleged theft loss and interruption of business operations. Plaintiffs complaint sets forth causes of action sounding in breac...
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MEMORANDUM & ORDER AFFIRMING BANKRUPTCY COURT The question presented in this bankruptcy appeal is whether the Bankruptcy Court erred in holding that pension with-holdings from a Chapter 13 debtor’s salary, required to pay the debtor’s contributions to the New York City Employees’ Retirement System (“NYCERS”) pursuant to elections made by the debtor under Section 613(a) of the New York...
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MEMORANDUM OPINION AND ORDER I. Introduction Plaintiffs are suing defendants for the alleged unconstitutional practices of the Street Crime Unit (“SCU”) of engaging in suspi-cionless stops and frisks of minorities, particularly young black and Hispanic- men. Defendants now move under Rule 26(c) of the Federal Rules of Civil Procedure for a protective order shielding certain documents from disco...
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OPINION AND ORDER Plaintiff Darlene Cruse, a former Administrative Assistant .with . defendant Gruner & Jahr USA Publishing. 1 ,.(“G & J”), is suing G & J under 42 U.S.C. § 1981 and Article 15 of the New York State Human Rights Law, claiming racial discrimination in connection with the terms and conditions of her employment. Specifically, Cruse alleges that G & J...
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ORDER This case is before the Court on Defendant Beaulieu of America’s Motion to Exclude Testimony of David R. Kamerschen *1351 and James T. McClave [340], Motion by Defendants Mohawk Industries, Inc., and Aladdin Mills, Inc., to Exclude Expert Testimony of Dr. James T. McClave and Dr. David R. Kamerschen [341], Motion of Shaw Industries, Inc., to Exclude Certain Opinions...
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MEMORANDUM OPINION AND ORDER In August 1997, the defendant officers broke down Jimmy Sanders’ door in Calu *927 met Park, Illinois, entered his apartment without a warrant, and arrested him for domestic battery. He sued under 42 U.S.C. § 1983 for violation of his Fourth Amendment rights. The officers move for summary judgment on the grounds that that they had probable cause to suspect that ...
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MEMORANDUM OPINION AND ORDER This Markman ruling 1 addresses the Counterclaim by Whirlpool Corporation (“Whirlpool”) charging patent infringement by Maytag Corporation (“Maytag”). 2 That Counterclaim involves a variety of claim elements in United States Patents Nos. 5,165,433 and 5,803,- *890 100 3 relating to dishwasher pump an...
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94 F.Supp.2d 801 (2000) NORTHWAY TOWING, INC. v. CITY OF PASADENA, TEXAS No. CIV.A. 99-4240. United States District Court, S.D. Texas, Houston Division. May 5, 2000. *802 Jonathan E. Bruce, Livingston and Associates, Houston, TX, for Plaintiffs. John S. Schneider, City of Pasadena Legal Dept., Pasadena, TX, Joan Porter, Attorney at Law, Houston, TX, for Defendants. ORDER HITTNER, District Judge....
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94 F.Supp.2d 782 (2000) A.S.W. ALLSTATE PAINTING & CONSTRUCTION CO., INC. v. LEXINGTON INSURANCE COMPANY No. EP-98-CA-086-DB. United States District Court, W.D. Texas, El Paso Division. May 1, 2000. *783 Dan Malone, Malone Law Firm, El Paso, TX, for Plaintiff. Douglas B. Lang, Cozen & O'Connor, Dallas, TX, for Defendant. MEMORANDUM OPINION AND ORDER BRIONES, District Judge. On this day, ...
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95 F. Supp. 2d 545 (2000) UNITED STATES of America, Plaintiff, v. 47 MM CANNON & 67 Other Firearms and Ammunition, Defendants. No. CA-99-01874-A. United States District Court, E.D. Virginia, Alexandria Division. May 4, 2000. *546 Gordon D. Kromberg, Assistant United States Attorney, Alexandria, VA, for plaintiff. Richard D. Gardiner, Fairfax, VA, for defendant. MEMORANDUM OPINION CACHERIS, D...
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104 F. Supp. 2d 879 (2000) Rhett Gilbert DePEW, Petitioner, v. Carl S. ANDERSON, Warden, Respondent. No. C-1-94-459. United States District Court, S.D. Ohio, Western Division. March 31, 2000. *880 David Williamson, Bieser, Greer & Landis, Dayton, OH, Gary W. Crim, Dayton, OH, for Petitioner. Charles Willey, Matthew J. Lampke, Asst. Attys. Gen., Capital Crimes Section, Columbus, OH, for Respon...
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MEMORANDUM OPINION David Lynn Meador, alleging that he is the great-grandson of James Meador, has brought yet another in a long line of cases seeking to recover a portion of the Spind-letop oil fortune. Myths and rumors have existed and persisted through the years that such a treasure does in fact exist when in fact it does not. This Meador has yet another twist. Meador does not ...
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MEMORANDUM OPINION Before this Court are the Defendants’ Motions to Dismiss for Failure to state a claim. For the reasons stated below, this Court grants defendants’ motions and dis *659 misses the ease pursuant to Fed. Rule Civ. P.12(b)(6). Besides John Pearce and Winder’s Inc., the defendants fall into two main groups: the University Defendants (which includes Baker Pa...
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94 F. Supp. 2d 838 (2000) Emery KLEIN and Diane Klein, Plaintiffs, v. UNITED STATES of America, Defendant. No. 98-CV-72344-DT. United States District Court, E.D. Michigan, Southern Division. May 4, 2000. *839 *840 Stuart A. Smith, New York City, Lawrence S. Jackier, Jackier, Gould, Bloomfield Hills, MI, for plaintiffs. John A. Lindquist, U.S. Department of Justice, Tax Division, Washington, DC, f...
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DECISION AND ENTRY SUSTAINING IN PART AND OVERRULING IN PART DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT (DOC. # 22); DECISION AND ENTRY OVERRULING, AS MOOT IN PART, AND OVERRULING IN PART DEFENDANTS’ MOTION TO STRIKE (DOC. #28); FURTHER PROCEDURES ESTABLISHED In May, 1994, the Plaintiff leased a Mazda Miata from Arnold Automotive, Ltd. (“Arnold”), an automobile dealer located in the state of...
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DECISION AND ENTRY OVERRULING MOTION FOR PROTECTIVE ORDER OF DEFENDANT ROBERT M. COY, JR. (DOC. #61) This litigation is before the Court on a Motion for Protective Order (Doc. # 61), filed by Defendant Robert Coy, Jr. (“Coy”). Therein, Coy states that the Plaintiff has served a Notice of Deposition, with which he intends to depose Kathryn Hitchcock (“Hitchcock”), a psychologist retained by his emp...
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109 F. Supp. 2d 809 (2000) IMPERIAL PRODUCTS, INC., Plaintiff, v. ENDURA PRODUCTS, INC., Defendant. No. C-3-99-167. United States District Court, S.D. Ohio, Western Division. March 13, 2000. Carla J. Morman, David C. Greer, Bieser, Greer & Landis, Dayton, OH, for Plaintiff. Albert J. Lucas, Peter A. Rosato, Calfee Halter & Griswold, Columbus, OH, for Defendant. DECISION AND ENTRY OVERRUL...
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103 F. Supp. 2d 1032 (2000) SALEM MALL LINCOLN MERCURY, INC., et al., Plaintiffs, v. HYUNDAI MOTOR AMERICA, Defendant. No. C-3-95-231. United States District Court, S.D. Ohio, Western Division. March 14, 2000. *1033 James H. Greer, David C. Greer, Dwight D. Brannon, Bieser Greer, Dayton, OH, for Plaintiffs. Timothy C. Sullivan, Adam Bloomstein, Tuscaloosa, AL, for Defendant. DECISION AND ENTRY S...
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MEMORANDUM OPINION This matter is before the court as an appeal from the Bankruptcy Court, pursu *185 ant to 28 U.S.C. § 158(a). The parties have filed appellate briefs, which the court has reviewed. This court specifically finds that the issues presented in this case are extremely simple and that oral argument would only delay entry of a ruling on appeal. This court find...
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ORDER This is a class action securities fraud case. It is before the Court on the Motion by Proposed Interveners to Intervene [Doc. 6-1], to Transfer Case for Consolidation in a Single Forum [Doc. 6-2], and the Amended Motion [Doc. 9-1]. For the reasons set forth below, the motions are granted. I. BACKGROUND Carl F. Melito, Shipping Financial Services Corporation, David Finkelstein, Roland Ande...
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101 F. Supp. 2d 1374 (2000) Larry MILLER, Plaintiff, v. GENERAL WHOLESALE CO., INC., Defendant. No. CIV.A.1:98CV2156-JOF. United States District Court, N.D. Georgia, Atlanta Division. March 16, 2000. *1375 Milton Dale Rowan, William Nathan Hershman, Chip Rowan & Associates Atlanta, GA, for plaintiff. Charles A. Hawkins, Allison E. Thornton, Fisher & Phillips, Atlanta, GA, for defendant. ...
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OPINION Defendant Robert Spinello is charged in a three-count indictment with committing a bank robbery. Defendant now asks this Court to dismiss the indictment because the federal bank robbery statute, 18 U.S.C. § 2113, impermissibly exceeds Congress’s authority under the Commerce Clause, U.S. Const., Art. I, § 8 cl. 3. 1 As discussed below, this Court finds that the statute i...
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MEMORANDUM OPINION Pending before the Court are plaintiffs Motion for Default Judgment and defendants’ Motion for Summary Judgment. Upon consideration of these motions and the entire record herein, this Court will deny plaintiffs Motion for Default Judgment and grant defendant’s Motion for Summary Judgment. I. BACKGROUND Plaintiffs complaint alleges that the State of Washington ...
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MEMORANDUM OPINION (Cross-Motions for Summary Judgment) This case is before the Court on cross-motions for summary judgment filed by Plaintiff, Tax Analysts, and Defendant, the Internal Revenue Service. 1 When Plaintiff first filed this Freedom of Information Act (“FOIA”) suit, it was seeking full disclosure of six categories of documents produced by the IRS’s Office of Ch...
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ORDER DENYING DEFENDANTS’ MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION AND GRANTING DEFENDANTS’ MOTION TO DISMISS THE FOURTH COUNT OF THE COMPLAINT This matter comes before the Court on Defendants’ Federal Rule of Civil Procedure 12(b)(1) Motion to Dismiss for Lack of Subject Matter Jurisdiction and Federal Rule of Civil Procedure 12(b)(6) Motion to Dismiss the Fourt...
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ORDER GRANTING IN PART DEFENDANTS’ MOTION PURSUANT TO FED.R.CIV.P. 12(b)(6) After reviewing the materials submitted by the parties and the case file, the Court GRANTS IN PART Defendants’ motion pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. I. Procedural Background Plaintiffs Mario and Irma Migliori filed a complaint in state court on September 13, 1999 again...
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MEMORANDUM-DECISION AND ORDER I. INTRODUCTION Plaintiff, Niagara Mohawk Power Corporation (“Niagara Mohawk”), commenced the instant action asserting causes of action under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. §§ 9601-9675 (“CERCLA”), N.Y. Navigation Law §§ 176(8) & 181(1), as well as common law...
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OPINION AND ORDER Petitioner pro se Charles Cowan, an inmate at Green Haven Correctional Facility, has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 et seq. Petitioner seeks to collaterally attack a judgment of the Supreme Court of Orange County, which followed a jury trial. Petitioner claims that he was denied effective assistance of both trial and appellate cou...
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*1338 ORDER DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT AND GRANTING PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT THIS CAUSE came before the Court on defendant’s motion for summary judgment and the plaintiffs motion for partial summary judgment pursuant to Federal Rule of Civil Procedure 56(c). [DE 75, 80] The defendant and plaintiff have both responded and replied. Oral argument was...
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110 F.Supp.2d 1362 (2000) June HARRIS, Plaintiff-Counter-Defendant, v. UNITED STATES of America, Defendant-Counter-Claimant-Third-Party Plaintiff, v. Oscar Lussier, Third-Party Defendant. No. 95-6944-CIV. United States District Court, S.D. Florida, Miami Division. April 5, 2000. *1363 Edward P. Phillips, Coral Springs, FL, for plaintiff/counter-defendant. Grisel Alonso, Asst. U.S. Atty., Miami, F...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW 1. The Court has jurisdiction of this matter pursuant to 15 U.S.C. §§ 1121 and 1128 and pursuant to 38 U.S.C. §§ 1331, 1337,1338, 2201 and 2202. 2. Venue is proper in this district pursuant to 28 U.S.C. § 1391(b). 3. Plaintiff, GENERAL CONFERENCE CORPORATION OF SEVENTH-DAY ADVENTISTS is a corporation of the District of Columbia, having its principal place...
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107 F.Supp.2d 676 (2000) In re CARNEGIE INTERNATIONAL CORPORATION SECURITIES LITIGATION No. L-99-1688. United States District Court, D. Maryland. April 11, 2000. *677 Charles J. Piven, Law Offices of Charles J. Piven, P.A., of Baltimore, Maryland; Fred T. Isquith, Wolf, Haldenstein, Adler, Freeman & Herz, of New York, New York; Stanley M. Grossman, Pomerantz, Block, Grossman & Gross, of N...
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95 F. Supp. 2d 1337 (2000) UNITED STATES of America, Plaintiff, v. Alberto GUTMAN, Defendant. No. 98-430-CR(S). United States District Court, S.D. Florida. April 28, 2000. *1338 *1339 Ausa Luis M. Perez, Richard Gregory, Asst. U.S. Attys., Jose A. Bonau, Miami, FL, for Plaintiff. Howard M. Srebnick, Jose M. Quinon, Jr., Miami, FL, for Defendant. SENTENCING ORDER GOLD, District Judge. I. Backgro...
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96 F. Supp. 2d 408 (2000) PENNSYLVANIA GENERAL INSURANCE COMPANY, as Subrogee of Barry and Susan Gross, Plaintiff, v. David J. LANDIS t/a Netherwood Finishing Station, Defendant, and Netherwood Finishing Station, Inc. Defendant, Third-Party Plaintiff, v. Parks Corporation, Third-Party Defendant. and David J. Landis, Plaintiff, v. Parks Corporation, Robert Forst, and John Does 1 through 10 (a fict...
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MEMORANDUM OPINION & ORDER This wrongful discharge case was removed from the New York State Supreme Court to this Court in October 1998. The plaintiff, David Morris (“Morris”), was terminated by defendant United Parcel Service (“U.P.S.”) for allegedly spitting on a manager. Morris’ union, defendant Local 804, International Brotherhood of Teamsters, AFL-CIO (the “Union”), unsuccessfully challenged...
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107 F. Supp. 2d 502 (2000) Gary FRIEDMANN and Lynne Steine, Plaintiffs, v. UNITED STATES of America, Defendant. No. Civ.A. 97-4645 JHR. United States District Court, D. New Jersey. March 21, 2000. *503 Steven J. Fram, Archer & Greiner P.C., Haddonfield, NJ, for plaintiffs. Louis J. Bizzarri, AUSA, Office of the United States Attorney, Camden, NJ, Gregory Hrebiniak, U.S. Dept. of Justice, Wash...
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OPINION and ORDER Defendant Becton Dickinson has moved for summary judgment on four issues arguing: (1) that the ’535 patent, ’323 patent, and the ’906 patent are invalid as anticipated under 35 U.S.C. § 102(b) in view of a June 1991 issue of Novo Nordisk’s informational brochure, Medview, containing an article by Lene Lytzen; (2) that all claims of the ’323 pate...
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88 F.Supp.2d 1355 (2000) Andrew KAPLAN, on behalf of himself and all others similarly situated, Plaintiffs, v. ASSETCARE, INC., Equifax Credit Information Services, Inc., Columbia/HCA Healthcare Corporation, Miami Beach Healthcare Group, Ltd., and Columbia Aventura Hospital & Medical Center, and Does 1 through N, Defendants. No. 99-412-CIV. United States District Court, S.D. Florida. March 14...
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MEMORANDUM ■ I. Introduction. In counts II, III, and VI of the complaint, the plaintiff, Two Rivers Terminal, L.P., has set forth claims under federal and state environmental statutes. The suit arises from petroleum contamination at a gasoline and fuel oil terminal formerly owned and operated by the defendant, Chevron U.S.A., Inc. (CUSA), and now owned by the plaintiff. ...
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ORDER This case is before the court for consideration of the plaintiff Chattooga River Watershed Coalition’s motion for summary judgment [14-1]. On March 22, 1998, the court conducted a telephone conference with the parties. The parties agreed that no discovery was necessary and that the issues could be decided on the briefs. As a result, the court approved the Joint Preliminary Plann...
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MEMORANDUM AND ORDER This matter is before the Court on Plaintiffs’ Motion to Compel Discovery (doc. 74). Plaintiffs seek to compel Defendant Denny’s, Inc. (“Denny’s”) to answer Plaintiffs’ First Requests for Production of Documents, Second Requests for Production of Documents, and First Interrogatories. With the exception of Plaintiffs’ Interrogatories No. 1 and 4, Denny’s has asserted objecti...
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96 F. Supp. 2d 850 (2000) Eugene B. GLICK and Marilyn K. Glick, Plaintiff, v. UNITED STATES of America, Defendant. No. IP 97-1431-C-B/S. United States District Court, S.D. Indiana, Indianapolis Division. March 14, 2000. Nestor Nicholas, Peabody & Brown, Boston, MA, Brian W Welch, McHale Cook & Welch, Indianapolis, IN, for Plaintiffs. Kevin P Jenkins, Tax Division-U S Dept of Justice, Wash...
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94 F. Supp. 2d 36 (2000) MYLAN PHARMACEUTICALS INC., Plaintiff, v. Jane E. HENNEY and Donna E. Shalala, Defendants, Barr Laboratories, Inc., Intervenor-Defendant. Pharmachemie B.V., Plaintiff, v. Jane E. Henney and Donna E. Shalala, Defendants, Barr Laboratories, Inc., Intervenor-Defendant. Civil Action Nos. 99-cv-862(RMU), 99-cv-801 (RMU). United States District Court, District of Columbia. Marc...
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MEMORANDUM OPINION Before the Court is the Motion of Defendant lucentsucks.com’s [sic] to Dismiss the Complaint, in which defendant argues that plaintiffs failure to comply with the requirements of the recently enacted Anti-Cybersquatting Consumer Protection Act mandates dismissal of the complaint. For the reasons stated below, the motion will be granted. I. BACKGROUND P...
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MEMORANDUM OPINION Defendant in the above-entitled and numbered criminal action has filed a motion to suppress evidence. A two-day hearing was conducted on March 6, and March 7, 2000. The defendant’s and government’s evidence having been duly considered, defendant’s motion will be granted in accordance with the reasoning presented below. Background The defendant, Pedro Robles Ramirez (“Ro...
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96 F. Supp. 2d 432 (2000) TWO RIVERS TERMINAL, L.P., Plaintiff, v. CHEVRON USA, INC., Defendant. No. Civ.A. 1:CV-97-1595. United States District Court, M.D. Pennsylvania. March 27, 2000. *433 *434 *435 Kenneth L. Joel, Rhoads & Sinon, Charles E. Gutshall, Rhoads & Sinon, Harrisburg, PA, for Two Rivers Terminal, L.P., plaintiff. John M. Armstrong, Gordon A. Einhorn, Schnader, Harrison, Seg...
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101 F. Supp. 2d 930 (2000) B-T DISSOLUTION, INC., and Steven S. Matthews, Plaintiffs, v. PROVIDENT LIFE AND ACCIDENT INSURANCE CO., and Guardian Life Insurance Company, Defendants. No. C-3-98-225. United States District Court, S.D. Ohio, Western Division. February 23, 2000. *931 Deborah Davis Hunt, Karl R. Ulrich, Sebaly, Shillito & Dyer, Dayton, OH, Jennifer J. Walters, Huffman, Landis, Weak...
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MEMORANDUM AND OPINION Plaintiff, Anthony E. Patitu, alleges that his former employer, Nationsbank of Texas, discriminated against him on the basis *783 of his race and national origin in terminating his employment. Patitu has sued under Title VII, 42 U.S.C. §§ 2000e to 2000e-17; 42 U.S.C. § 1981; section 5.01 of the Texas Commission on Human Rights Act (“TCHRA”), TEX. LABOR ...
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103 F. Supp. 2d 1025 (2000) UNITED STATES of America, Plaintiff, v. Gregory HARRIS, Defendant. No. CR-3-97-082. United States District Court, S.D. Ohio, Western Division. March 1, 2000. *1026 John H. Rion, Jon P. Rion, Dayton, OH, for Plaintiff. David J. Horne, Cincinnati, OH, for Defendant. DECISION AND ENTRY SUSTAINING DEFENDANT'S MOTION TO SUPPRESS EVIDENCE (DOC. # 13); DIRECTIVE TO GOVERNMEN...
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107 F. Supp. 2d 921 (2000) Charles W. HARRIS dba Harris Big Hill Shell, Plaintiff, v. EQUILON ENTERPRISES, LLC, Defendant. No. C-3-99-242. United States District Court, S.D. Ohio, Western Division. March 13, 2000. *922 Dwight A. Washington, Dayton, OH, for Plaintiff. Randall S. Rabe, Elizabeth Scully, Baker & Hostetler, Columbus, OH, for Defendant. DECISION AND ENTRY OVERRULING PLAINTIFF'S M...
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DECISION AND ENTRY OVERRULING MOTIONS TO TRANSFER VENUE (DOC. # 29, 30) FILED BY DEFENDANT INNOVATOR CORPORATION This litigation stems from the Plaintiffs’ allegation that the Defendants have violated state and federal law by “hijack[ing] and usurp[ing] Plaintiffs’ famous trademarks[.]” (First Amended Complaint, Doc. # 9 at ¶ 3). In their ten-count Complaint, Plaintiffs Reed Elsevier, Inc...
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ORDER This case is before the Court for consideration of the Report and Recommendation [22-1] of Magistrate Judge Gerrilyn G. Brill recommending the granting of Defendant’s Motion to Suppress [7-1]. After reviewing the entire record, the Court enters the following Order. As an initial matter, the Government’s Motion to Supplement Record [25-1] is GRANTED. The Court adopts the Fin...
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104 F.Supp.2d 851 (2000) NATIONAL RESEARCH LABORATORIES, Plaintiff, v. EPPERT OIL COMPANY, INC., Defendant. No. C-3-94-465. United States District Court, S.D. Ohio, Western Division. March 27, 2000. *852 Charles H. Walker, Columbus, OH, Frederick J. McGavran, Frost & Jacob, Cincinnati, OH, for Plaintiff. Alfred L. Patmore, Jr., West Columbia, SC, for Defendant. *853 DECISION AND ENTRY SUSTA...
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DECISION AND ENTRY SUSTAINING MOTION TO DISMISS (DOC. # 11) FILED BY DEFENDANT DEWBERRY & DAVIS; UNOPPOSED MOTION TO DISMISS (DOC. # 22) FILED BY DEFENDANT FEDERAL EMERGENCY MANAGEMENT AGENCY SUSTAINED; JUDGMENT TO BE ENTERED IN FAVOR OF DEFENDANTS AND AGAINST PLAINTIFF, DISMISSING LITIGATION FOR WANT OF SUBJECT MATTER JURISDICTION, WITHOUT PREJUDICE TO ASSERTION OF STATE-LAW CLAIMS AGAINST DEF...
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88 F. Supp. 2d 461 (2000) James B. MILLER, Plaintiff, v. Marvin T. RUNYON, Jr. in his official capacity as United States Postmaster General General, Defendant. No. 1:98CV00700. United States District Court, M.D. North Carolina. February 28, 2000. *462 *463 Regan A. Miller, Charlotte, North Carolina, for plaintiff. Gill P. Beck, Office of U.S. Attorney, Greensboro, NC, for defendant. MEMORANDUM O...
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96 F. Supp. 2d 1149 (2000) Jeffrey R. MULBERRY, Applicant, v. Donice NEAL, Warden of Arrowhead Correctional Center, and The Attorney General of the State of Colorado, Respondents. No. Civ.A. 99-K-2347. United States District Court, D. Colorado. May 2, 2000. *1150 Robert S. Berger, Denver, CO, for Applicant. Ken Salazar, Attorney General, Joseph P. Sanchez, Assistant Attorney General, Office of th...
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94 F. Supp. 2d 218 (2000) USES MANUFACTURING, INC. and USES, Inc., Plaintiffs, v. ROCKY MOUNTAIN INSTITUTE and Research New England Power Service Co., Defendants. No. 3:99CV315(JBA). United States District Court, D. Connecticut. March 17, 2000. *219 Edward R. Scofield, Douglas John Varga, Zeldes, Needle & Cooper, Bridgeport, CT, for Plaintiffs. Joseph W. Bibisi, Richard P. Kuzmak, McVane, Bel...
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*92 RULING ON DEFENDANTS’ MOTION TO DISMISS [Doc. #39] In this action, Plaintiffs, both residents of Stannard Beach, a political subdivision created under state law, allege that the Stannard Beach Association (“SBA”) and nine individual homeowners, who are voting members of SBA, solicited, initiated and have maintained state court litigation against Deborah Katz claiming an easement on he...
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DECISION AND ORDER Shandwick Holdings, Ltd. is suing the Carver Boat Corporation and its parent company, Genmar Holdings, Inc. for damages stemming from the defects in a yacht Shandwick purchased from Carver, which designed and manufactured the craft. In its Second Amended Complaint Shandwick *1044 seeks $821,000.00 in compensatory damages, additional damages for maintenance ...
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MEMORANDUM AND ORDER REGARDING DEFENDANT EDWARD WOODIS’ MOTION TO DISMISS (Docket No. 09) Pursuant to FED.R.Crv.P. 12(b)(6), Edward Woodis (“Woodis”) has moved to dismiss this sexual harassment and discrimination complaint insofar as it is brought against him individually as a supervisor of Anita Horney (“Plaintiff’). Neither Richard Patterson nor Westfield Gage Co., the other defenda...
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ORDER This cause comes before the Court on defendants’ Motion to Dismiss (Doc. No. 8). The plaintiff has filed a response in opposition (Doc. No. 14). I. Procedural Background In this case, plaintiff sues the defendants under federal securities law and state law. Specifically, plaintiff alleges a Rule 10b-5 violation, breach of an organization agreement, fraudulent induc...
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MEMORANDUM OPINION Defendant Karim Mohammad is seeking return of property that was allegedly not returned to him after he was arrested in November 1997. 1 The Government con *238 tends that any property that it had, has been returned to Mohammad or his attorney, David Holman, Esq., from the Office of the Public Defender. The Court treats Mohammad’s request, which was filed pro se, as a moti...
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MEMORANDUM OPINION AND ORDER The parties have submitted this case for decision without trial on the stipulated record. Having carefully considered the stipulated record in light of-the parties’ arguments, written and oral, I find for the Defendants with respect to the Equal Protection Clause claim and for Plaintiff Charles S. McCrossan with respect to the Privileges and Immunities Cla...
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OPINION Plaintiff Dan River Inc. (“Dan River”) seeks a preliminary injunction on its claims of copyright infringement against defendant Sanders Sale Enterprises, Ltd. (“Sanders”). For the reasons set forth below, a preliminary injunction will issue. The Parties Dan River is a Georgia corporation authorized to do business in New York, with an office in Manhattan. San...
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MEMORANDUM OPINION AND ORDER The above-captioned actions come before the Court by plaintiffs’ motion to amend their consolidated First Amended Complaint to include both class action allegations and more specific allegations of defendant’s alleged fraud. For the reasons set forth below, plaintiffs’ motion is hereby denied. *99BACKGROUND These actions were transferred to this Court by the Judicial ...
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OPINION Plaintiffs CheckRite Ltd. Inc. and CheckRite California Inc. (collectively, “CheckRite”) have moved pursuant to Federal Rule of Civil Procedure 56(c) for summary judgment declaring that defendant Illinois National Insurance Company (“Illinois National”) is liable to indemnify CheckRite for its costs for defenses and settlement of certain class action claims. Illinois National ...
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ORDER This matter comes before the court on Plaintiffs’ Motion for preliminary injunc-tive relief prohibiting the Defendant from denying the PRISM Club, Jessica Cohen, and Margaret Hinckley access to the limited forum created for curriculum-related student clubs at East High School. 1 Plaintiffs claim that they fit within the club-approval standards as articulated by the School...
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MEMORANDUM AND ORDER ON A MOTION BY THE UNITED STATES FOR AN ORDER OF IN-JUNCTIVE RELIEF On February 12, 1998, the United States, on behalf of the federal Environmental Protection Agency (“EPA”), brought this enforcement action against the Massachusetts Water Resources Authority (“MWRA”) and the Metropolitan District Commission (“MDC”) 1 , alleging *157 violati...
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MEMORANDUM OPINION AND ORDER On December 9, 1999, the Plaintiffs filed the above-captioned action in the Court of Common Pleas, Probate Division, Mahon-ing County seeking declaratory judgment and other legal and equitable relief.1 Thereafter, Defendant Nelson, removed the action to this Court based upon diversity jurisdiction. 28 U.S.C. § 1332. *788On February 10, 2000, the Plaintiffs filed a Moti...
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OPINION Presently before the Court is defendant Sterling Home Mortgage Company’s motion to dismiss the complaint for failure to state a claim upon which relief can be granted pursuant to Fed.R.Civ.P.' 12(b)(6). For the reasons set forth below, this motion is granted. I. The facts in this matter are undisputed. On or about December 10, 1998, plaintiffs borrowed $74,900 from defen...
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MEMORANDUM OPINION AND ORDER After this District Court’s random assignment system had delivered to this Court’s calendar the lowest numbered of what ultimately became 26 putative securities class actions brought by shareholders against Bank One Corp. (“Bank One”) and a number of individual defendants, the host of those identical later-filed actions was added to the mix by appropriate ...
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94 F. Supp. 2d 940 (2000) Jerry WOODARD, Plaintiff, v. Alicia EUBANKS, an individual, Chicago Police Department, et al., Defendants. No. 99 C 7097. United States District Court, N.D. Illinois, Eastern Division. May 8, 2000. *941 Ronald Gregory Draper, Chicago, IL, for Jerry L. Woodard. Paula J. Green, Chicago, IL, for Alicia Eubanks. David Mitchell Zinder, City of Chicago, Law Dept., Corp. Counse...
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MEMORANDUM OPINION AND ORDER This is an in rem civil forfeiture action pursuant to 21 U.S.C. § 881(a)(6). The Government seeks the forfeiture of $29,-266.00 that was found on the person of Frank Ezeugoji when he attempted to depart on a domestic flight from Midway Airport in Chicago, Illinois. Ezeugoji received notice of this action and an attorney has filed an appearance o...
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MEMORANDUM OPINION AND ORDER Appellant Voravit Chinosorn (“Chino-sorn”), the debtor in an adversary proceeding in his Chapter 7 bankruptcy case, filed a voluntary petition for relief on February 1, 1999. On May 25, 1999, Chino-sorn filed a motion to vacate and invalidate a judicial lien filed on behalf of the appel-lee Fleet Business Credit Corporation (“Fleet”). In a Memorandum Opini...
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101 F. Supp. 2d 1017 (2000) Perry L. SCOTT, Sr., individually and as Special Administrator of the Estate of Phillip Scott, deceased, et al., Plaintiffs, v. Rodney L. EDINBURG and Village of Glenwood, a municipal corporation, Defendants. No. 99 C 4766. United States District Court, N.D. Illinois, Eastern Division. May 5, 2000. *1018 James D. Montgomery, Thomas Charles Marszewski, Randall W. Schwar...
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MEMORANDUM AND ORDER Presently before the court are: 1. Supervalu’s motion in limine seeking an order precluding Bleek from presenting any evidence (including expert opinions) or argument that Su-pervalu’s termination of Bleek early in the day on August 23, 1996, caused him to become 100% disabled later during that same day; 2. Bleek’s motion seeking to reopen discovery for the limited pu...
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RULING ON MOTION FOR CLASS CERTIFICATION [DOC. # 49] I. INTRODUCTION Previously in this case, the Court ruled that the defendant’s collection letter violated the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. § 1692 et seq. Plaintiff Jeffrey Macarz now moves to certify the case as a class action. Defendant Trans-world opposes class certification, primarily on grounds that Mr. Macarz is n...
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MEMORANDUM AND ORDER This matter is before the court on defendant’s motion to strike and for extension of time (Doc. 56) and motion for summary *1192 judgment (Doc. 50). The motion for extension of time is moot. The motions to strike and for summary judgment are denied for reasons discussed herein. I. MOTION TO STRIKE AND FOR EXTENSION OF TIME Defendant, Health ...
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94 F.Supp.2d 225 (2000) John ORTIZ, Plaintiff, v. PRUDENTIAL INSURANCE CO., Defendant. No. 3:97CV2150 (JBA). United States District Court, D. Connecticut. March 22, 2000. *226 *227 Ikechukwu Umeugo, Umeugo & Assoc., West Haven, CT, for John Ortiz, plaintiff. Robert B. Flynn, Tyler, Cooper & Alcorn, New Haven, CT, Tracy C. Missett, Peter A. Walker, Seyfarth, Shaw, Fair-weather & Gerald...
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96 F. Supp. 2d 114 (2000) Richard J. HUGHES v. CITY OF HARTFORD, et al. No. 3:98CV1961 (JBA). United States District Court, D. Connecticut. March 15, 2000. *115 David K. Jaffe, Spinella & Jaffe, Hartford, CT, for Richard J. Hughes, plaintiff. James J. Szerejko, Brian P. Leaming, Halloran & Sage, Hartford, CT, for City of Hartford, Chief of Police, Joseph Croughwell, Brian J., Police Offic...
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RULING I. Procedural and Factual Background tO CO CO A. Facts Relating to Prudence Challenge to T-Bill Investment (Count III) tO CO CO B. Facts Relating to Failure to Provide Information Claim (Count I). tO 1. Information Provided to Plaintiffs . tO 2. Plaintiffs’ Evidence that Martin and GE had decided on benefits prior to March 23,1993 disclosure. BO 5^ CO C. Fa...
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MEMORANDUM AND ORDER Plaintiff Sandra Riechmann filed suit against defendants Cutler-Hammer, Inc. and Eaton Corporation alleging that defendants discriminated against her on the basis of her disability, failed to accommodate her disability and subjected her to disability-based harassment, all in violation of the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12101 et seq. ...
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OPINION AND ORDER Plaintiff Joseph DeSilvis (“plaintiff’ or “DeSilvis”) 1 brings this action pur *460 suant to 42 U.S.C. § 1983 alleging that he was deprived of his civil rights under the Fourth Amendment to the United States Constitution by agents of defendant National Railroad Passenger Corporation (“defendant” or “Amtrak”). 2 Plaintiff further brings ...
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98 F. Supp. 2d 634 (2000) Louis DAILY, Plaintiff, v. CITY OF PHILADELPHIA, et al., Defendants. No. 99-CV-85. United States District Court, E.D. Pennsylvania. May 8, 2000. *635 Louis G. Daily, Philadelphia, PA, pro se. Tremelle I. Howard, City of Philadelphia Law Dept., Philadelphia, PA, for defendants. Emily Zimmerman, Philadelphia, PA, Kathleen M. Farrelly, Asst. Dist. Atty., Philadelphia, PA, f...
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92 F. Supp. 2d 813 (2000) Leroy SEDWICK, Jr., Plaintiff, v. Togo WEST, Secretary, United States Department of Veteran Affairs, Defendant. No. IP 98-1433-C-T/G. United States District Court, S.D. Indiana, Indianapolis Division. April 12, 2000. *814 Denise Larue, Haskin Lauter Cohen & Larue, Indianapolis, IN, for plaintiff. Tim A Baker, Assistant United States Attorney, Office of the United Sta...
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96 F. Supp. 2d 135 (2000) UNITED STATES of America v. Melvin WEINTRAUB, Morelite Development and Construction, Inc., Liberty Realty Associates, LLC, Arthur Harris. No. 3:98CR171 (JBA). United States District Court, D. Connecticut. April 18, 2000. *136 Ira B. Grudberg, William M. Bloss, Jacobs, Grudberg, Belt & Dow, P.C., New Haven, CT, Stanley A. Twardy, Jr., Jennifer L. Sachs, Day, Berry &am...
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Memorandum of Decision-Phase I Plaintiff Sealy Connecticut, Inc. (“Sealy”) has brought suit to recover its remediation costs under Section 107 1 of the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. § 9607(a) (“CERCHA”), the Resource Conservation and Recovery Act, 42 U.S.C. § 6972(a)(1)(A), (a)(1)(B) and invokes supplemental jurisdiction ove...
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ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT AND DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT Before the court is an action involving the enforcement of a prepayment premium provision contained in a mortgage note drafted by defendant to ensure payment of its $26,753,447.47 loan to plaintiff. Plaintiff claims that the prepayment premium was unreasonable and unenforceable a...
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ORDER Currently before the court is the defendant’s, Ryan’s Family Steakhouses, Inc. (hereinafter “Ryan’s”) Motion to Dismiss and Petition to Compel Arbitration and Stay Proceedings, filed on January 21, 2000. Mr. Penn filed his Response on March 3, 2000, and Ryan’s Reply was filed on March 13, 2000. Mr. Penn’s Sur Reply then followed on March 21, 2000. For the following reasons, the ...
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94 F. Supp. 2d 723 (2000) Robert J. FOX, Plaintiff, v. GENERAL MOTORS, CORP., Defendant. No. CIV.A. 3:97-CV-14. United States District Court, N.D. West Virginia, Martinsburg Division. April 19, 2000. *724 Laura R. Rose, Rose & Associates, Martinsburg, WV, Mary E. Binns-Davis, Law Office of Laura Rose & Assoc., Martinsburg, WV, Terry L. Armentrout, Armentrout & Armentrout, Harrisonburg...
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MEMORANDUM OPINION Plaintiff, a former employee of Republic National Bank of New York and Republic National Bank of New York (International) Limited (collectively, “RNB”), brings this action to compel RNB and its successor-in-interest, HSBC Bank USC, to pay him the pension to which he allegedly is entitled. Plaintiff has moved for partial summary judgment. Defendants have cross-moved for summar...
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MEMORANDUM AND ORDER Plaintiff Dennis Charette brought this action and sought a preliminary injunction prohibiting defendants Town of Oyster Bay (the “Town”) and various Town officials from enforcing a Town zoning ordinance requiring that he obtain a special use permit for the operation of an establishment called the Raven’s Nest, which provided nude/topless dancers, allegedly in viol...
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MEMORANDUM AND ORDER Plaintiffs Sidney Hirschfeld, Director of Mental Hygiene Legal Service of the Second Judicial Department; O.J.; M.P.; J.M. and J.R. (collectively “plaintiffs”) filed this civil rights class action complaint against defendants James Stone, Commissioner of the New York State Office of Mental Health; Richard Bennett, Executive Director of the Mid-Hudson Forensic Psychiatric Ce...
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OPINION AND ORDER Plaintiffs Gabriel Capital, L.P. (“Gabriel Capital”) and Ariel Fund Ltd. (“Ariel Fund”) have sued defendants NatWest Finance, Inc. (“NatWest”), McDonald Investments Inc. (“McDonald”), and Steel Dynamics Inc. (“SDI”) for securities fraud arising from plaintiffs’ purchase of certain debt securities (the “Note” or “Notes”). Plaintiffs allege that defendants violated sec...
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MEMORANDUM DECISION AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTIONS FOR SUMMARY JUDGMENT AND/OR DISMISSAL Plaintiff Donald Parker, a police officer with the Metro-North Commuter Railroad (“Metro-North”), brings claims for age and disability discrimination against: (1) the Metropolitan Transportation Authority *439 (“the MTA”), Metro-North Commuter Railroad ...
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JUDGMENT For the reasons assigned in the Report and Recommendation of the Magistrate Judge previously filed herein, and having thoroughly reviewed the record, including the written objections filed, and concurring with the findings of the Magistrate Judge under the applicable law; IT IS ORDERED that the Motion to Dismiss (Doc. 12) is denied. The judgment of the United States Dist...
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MEMORANDUM OF DECISION On November 7, 1994, Plaintiff, Data General Corporation (“Data General”), brought this action against Defendant International Business Machines Corporation (“IBM”) alleging infringement of U.S.Patent No. 4,455,603 (“the ’603 Patent”) and U.S.Patent No. 4,575,797 (“the ’797 Patent”). IBM timely answered and filed a counterclaim against Data General alleging infringement o...
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95 F.Supp.2d 1044 (2000) In re BANKAMERICA CORP. SECURITIES LITIGATION. No. 1264. United States District Court, E.D. Missouri, Eastern Division. April 25, 2000. *1045 John Michael Clear, Partner, Bryan Cave LLP, St. Louis, MO, Arthur N. Abbey, Mark C. Gardy, Lee Squitieri, Abbey and Gardy, New York City, William S. Lerach, Darren J. Robbins, Milberg and Weiss, San Diego, CA, Martin M. Green, Part...
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CORRECTED MEMORANDUM OPINION AND ORDER Pending is Defendant Elk Run Coal Company, Incorporated’s (Elk Run’s) motion for summary judgment. The motion is GRANTED in part and DENIED in part. I. FACTUAL BACKGROUND The Plaintiffs worked for Elk Run at various underground mining operations. All were current hourly employees in mid-1998, when the coal reserves at Elk Run’s Twilight...
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The requested fee award from defendant manufacturers (agreed to by them) is, in my view, excessive, but, for reasons stated, it will be approved. The parties have agreed to an award of $5,650,000 in a class action brought against water heater manufacturers that was settled prior to any significant in-court proceedings. Some 7500 hours were recorded for the prosecution of the case. In support of...
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88 F. Supp. 2d 1132 (2000) Salvador A. RIVERA, Plaintiff, v. Arthur LEVITT, Chairman, United States Securities and Exchange Commission, Defendant. Nos. CIV. A. 95 N 317, CIV. A. 97 N 751. United States District Court, D. Colorado. January 3, 2000. *1133 *1134 *1135 ORDER AND MEMORANDUM OF DECISION NOTTINGHAM, District Judge. This is an employment-discrimination case. Plaintiff Salvador Rivera, ...
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94 F. Supp. 2d 935 (2000) UNITED STATES of America, Plaintiff, v. Johnny JACKSON, Defendant. No. 95 CR 508-6. United States District Court, N.D. Illinois, Eastern Division. May 5, 2000. *936 Michael R. Lufrano, Sonnenschein, Nath & Rosenthal, John M. Cutrone, Law Offices of John M. Cutrone, Chicago, IL, for Johnny Jackson. Asst. U.S. Atty., U.S. Attorney's Office, Chicago, IL, for U.S. MEMOR...
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MEMORANDUM OPINION AND ORDER Plaintiff Saint Mary of Nazareth Hospital Center has filed a five count amended complaint for administrative review, declaratory judgment, and damages against Donna Shalalá, Secretary of the U.S. Department of Health and Human Services (“Secretary”) pursuant to Title XVIII of the Social Security Act, 42 U.S.C. § 1395 et seq., the Administrative ...
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ORDER Tim Adams, a pro se nonparty, moves (Doe. 44) to intervene in this case and raise claims of racial discrimination against the plaintiff, Premier Foods, Inc. Because Adams does not have a sufficient interest in this litigation, Adams’ request must be denied. In this action, Premier sues the City of Orlando, Mayor Glenda Hood, Community Pride, Inc., and two other defendants. Premier claims th...
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MEMORANDUM AND ORDER STATEMENT OF THE CASE This matter is before the Court on the Defendant’s Motion to Dismiss Counts VII - IX 1 of the Further Amended Complaint and Jury Claim (the “Complaint”) pursuant to Fed.R.Civ.P. 12(b)(1), or, in the alternative, Motion for Summary Judgment pursuant to Fed.R.Civ.P. 56(b), for lack of subject matter jurisdiction. This cause ...
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96 F. Supp. 2d 1102 (2000) VENETIAN CASINO RESORT, L.L.C., a Nevada limited liability corporation, Plaintiff, v. Manuel J. CORTEZ, individually and in his official capacity as President of the Las Vegas Convention and Visitors Authority; and the Las Vegas Convention and Visitors Authority, a public entity, Defendants. No. CVS000046PMPLRL. United States District Court, D. Nevada. May 1, 2000. *110...
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*891 MEMORANDUM OPINION This matter comes before the Court on Defendants’ motion to dismiss pursuant to Federal Rules of Civil Procedure 12(b)(6) and 9(b). For the reasons set forth below, the Court denies Defendants’ motion to dismiss. BACKGROUND Plaintiff, the United States Securities Exchange Commission (the “SEC”), filed a four count complaint against Defendants...
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MEMORANDUM AND ORDER On March 30, 2000, this court granted in part Defendants’ motion for summary judgment on the merits, leaving for trial Plaintiffs 42 U.S.C. § 1983 First Amendment claim against defendant Southeast Community College (“SCC”) and against defendant Paul Kaufman in his official capacity for equitable, prospective relief and in his individual capacity for money damages, dec...
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ORDER GRANTING DEFENDANT MIAMI-DADE COUNTY AND DEFENDANT JAMES BROOKS’ MOTIONS FOR SUMMARY JUDGMENT THIS CAUSE comes before the Court upon (1) Defendant Miami-Dade County’s Motion For Summary Judgment, filed October 7, 1999, and (2) Defendant James Brooks’ Motion For Summary Judgment, also filed October 7, 1999. Plaintiffs Memorandum In Opposition To Defendants’ Motion For Summary Jud...
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94 F. Supp. 2d 242 (2000) Charlene TICE v. SOUTHINGTON BOARD OF EDUCATION, Robert Wood, Louis Saloom. No. 3:96CV1651 (JBA). United States District Court, D. Connecticut. May 5, 2000. Jane Boucher Monahan, West Hartford, CT, Barbara E. Gardner, Manchester, CT, for Plaintiff. Harold C. Donegan, Barry P. Beletsky, Richard P. Sperandeo, Ruth Beardsley, James A. Mongillo, Sperandeo & Donegan, New ...
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94 F.Supp.2d 937 (2000) Cynthia WISKUR, Plaintiff, v. SHORT TERM LOANS, LLC; Barry Hershman; Wendy Eager; and John Does 1-10, Defendants. No. 99 C 4107. United States District Court, N.D. Illinois, Eastern Division. May 5, 2000. *938 Cathleen M. Combs, Daniel A. Edelman, james O. Latturner, Edelman, Combs & Latturner, Chicago, IL, Jeffrey T. Mitchell, Konicek & Dillon, P.C., St. Charles, ...
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MEMORANDUM OPINION AND ORDER This case is now before the Court on the motion of Third-Party Defendant Del Camino Service Plaza and Truck Wash, L.L.C. (“Del Camino”) to dismiss Defendants/Third-Party Plaintiffs Trimac Bulk Transportation Services, Inc. (“Trimac Bulk”), Universal Transport, Inc. (“Universal”), and Quality Service Tank Lines, Inc.’s (“Quality”) (collectively “Trimac”) amended thud...
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DECISION AND ENTRY SUSTAINING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT (DOC. #30); JUDGMENT TO BE ENTERED IN FAVOR OF DEFENDANTS AND AGAINST PLAINTIFF; TERMINATION ENTRY This litigation stems from the Plaintiffs placement on administrative leave, from his position as a high school track coach, for allegedly advocating the use of caffeine as a performance-enhancing substance. After receivin...
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101 F. Supp. 2d 461 (2000) THOMAS-SEA BOAT BUILDERS, INC. v. CROSS OFFSHORE CORPORATION. No. Civ.A. 99-3289. United States District Court, E.D. Louisiana. May 2, 2000. Alexander Crighton, III, Houma, LA, for plaintiff. David Louis Carrigee, Burke & Mayer, New Orleans, LA, for defendant. ORDER AND REASONS MENTZ, District Judge. Plaintiff, Thomas-Sea Boat Builders, Inc. (Thomas-Sea), filed a m...
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ORDER The parties have consented to have the undersigned conduct any and all further proceedings in this case, including the entry of final judgment, in accordance with 28 U.S.C. § 636(c) (Item 16). Presently before me is the plaintiffs motion for summary judgment (Items 75-1 and 75-2), the defendants’ cross-motion for summary judgment (Item 79-1), and plaintiffs motion to reinstate ...
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ORDER This is a case that arises out of an injury suffered at an all-night party sponsored by parents for the 1997 senior class of Junction City (Oregon) High School. As is typical with such graduation events throughout the state, parents raise funds throughout the year to pay for a structured, drug and alcohol-free evening of fun and games to commemorate the culmination of four years of high...
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MEMORANDUM OPINION AND ORDER The Home Insurance Company (“Home”) has brought this diversity of citizenship action against Three I Truck Line, Inc. (“Three I”), seeking a declaratory judgment that Home has no duty or obligation to indemnify Three I for its share of liability stemming from any judgment or settlement rendered in two Cook County Circuit Court tort actions, Vasilion ...
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94 F.Supp.2d 952 (2000) Loretta Klutz OWENS, Individually and as Personal Representative of the Estate of James A. Klutz, Plaintiffs, v. AMTROL, INC., Defendant. No. 3:98-CV-0545RM. United States District Court, N.D. Indiana, South Bend Division. April 21, 2000. *953 *954 Elden E Stoops, Jr, North Manchester, IN, Fred E Stoops, Sr, Stoops and Clancy, Tulsa, OK, for Loretta Klutz Owens. Edward L M...
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MEMORANDUM OPINION & ORDER This is a securities fraud action in which plaintiff Waltree Limited (‘Waltree”) alleges that defendants ING Barings LLC (“ING Barings”) 1 , ING Bank N.V. (“ING Bank”) and Stuart Kasdin fraudulently induced it to purchase certain high-yield debt instruments in violation of section 10(b) of the Securities Exchange Act of 1934 (the “Exchange Act”), ...
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96 F. Supp. 2d 1006 (2000) ADVANCED CARDIOVASCULAR SYSTEMS, INC., a California corporation, Plaintiff, v. SCIMED LIFE SYSTEMS, a Minnesota corporation, Defendant. No. C 6-00946 CW. United States District Court, N.D. California. April 25, 2000. *1007 Richard H. Abramson, Heller Ehrman White & McAuliffe, Palo Alto, CA, Timothy J. Malloy, Gregory J. Vogler, Edward A. Mas, II, David D. Headrick, ...
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MEMORANDUM AND ORDER This matter comes before the court on: (1) the motion of plaintiffs Reverend Lord M. Hunt and Faith Temple Ministries, Inc. for partial summary judgment as to the liability of the state-action defendants; (2) the motion for summary judgment of defendants Sheriff of Elkhart County, John Does one and two, Corporal Jeremy Bigler, Corporal Richard Matteson, Officer J....
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MEMORANDUM OPINION This case presents the novel question whether a judge of a United States court may serve as an arbitrator to resolve a private dispute. Facts In 1997, petitioners were planning a major renovation of their medical offices in New York City. Their president was a personal friend of a United States District Judge for the Eastern District of New York. The judge was acquainted also...
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MEMORANDUM AND ORDER Plaintiff Mark Koch is a convicted felon serving 25 years to life in the Arizona Department of Corrections (ADOC). He filed this action on December 7, 1990, pursuant to 42 U.S.C. § 1983, seeking damages, injunctive and declaratory relief for alleged violations of his civil rights. His amended complaint, filed March 22, 1991, alleges that prison officials 1 ...
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MEMORANDUM OPINION AND ORDER On August 30, 1985, the government sought and obtained leave to file a nolle prosequi dismissing the captioned indictment in its entirety against defendant Susan Rosenberg. Nearly fifteen years later and in large part, if not solely, on account of her alleged involvement in the crimes included in the dismissed indictment, Rosenberg was denied release on pa...
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MEMORANDUM OPINION Plaintiff, a prisoner in the custody of the Virginia Department of Corrections (“VDOC”), claims that VDOC’s policy of retaining interest generated on the money he and other inmates earn while incarcerated violates the Takings Clause of the United States Constitution. Cross-motions for summary judgment are at bar. I Plaintiff Carl R. Chalmers, a VDOC prisoner s...
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MEMORANDUM and ORDER At the court’s request and pursuant to its authority and obligation under the Federal Rules of Civil Procedure and the Local Rules of the Eastern District of New York, a discussion took place among counsel and the court concerning possible settlement of the many tobacco cases now pending. In re Tobacco Litigation, Eastern District of New York, 192 F.R.D. 92 (E.D.N.Y.2000). A...
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94 F. Supp. 2d 1010 (2000) TABBERT, HAHN, EARNEST AND WEDDLE, P.C., Plaintiff, v. Joseph LANZA and Jayne Lanza, Defendants. No. IP 99-0466-C-T/G. United States District Court, S.D. Indiana, Indianapolis Division. March 31, 2000. Gregory F Hahn, Tabbert Hahn & Earnest, Indianapolis, IN, for plaintiff. Gustin J Raikos, Indianapolis, IN, for defendants. *1011 ENTRY DISCUSSING PENDING MOTIONS T...
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Entry Reviewing Decision of Bankruptcy Court The Appellant, James J. Cutillo, appeals the decision of the bankruptcy court, the Honorable Basil H. Lorch, III, which determined that certain of his debt to Jerry Hubner and Steven Hubner is excepted from discharge by operation of 11 U.S.C. § 523(a)(2)(B). I. Background Jerry Hubner and Steven Hubner filed a Complaint to Determine Dischargeability of...
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ENTRY DISCUSSING MOTION TO DISMISS, OR IN THE ALTERNATIVE, MOTION FOR SUMMARY JUDGMENT This matter comes before the court on the Motion to Dismiss, Or in the Alternative, Motion for Summary Judgment filed by Defendants, Austin Company (“Austin”) and Seaboard Surety Company, Inc. (“Seaboard”). Austin and Seaboard argue that Plaintiffs, United States for the Use and Benefit of N.E.W. Inters...
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ENTRY OF FINDINGS AND CONCLUSIONS FOLLOWING TRIAL Plaintiff, Derek Lamont Brookins, claims that Defendant, Indianapolis Power & Light Company (“IPL”), failed to provide a reasonable accommodation of his disability of depression and/or anxiety, in violation of the Americans with Disabilities Act (“ADA”), 42 U.S.C. §§ 12101, el seq. 1 Trial was held and th...
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ENTRY DISCUSSING PENDING MOTIONS This matter comes before the court on the following motions: Defendant Provident Life & Accident Insurance Company’s (“Provident”) Motion to Dismiss and Motion to Strike, seeking dismissal of the Complaint, or alternatively, seeking to strike the demand for extracontractual damages and a jury trial, on the grounds that the state law theories in the Complai...
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ENTRY ON DEFENDANT’S MOTION, FOR SUMMARY JUDGMENT This case highlights the pressures that can be placed on an employer, an employee,, and his family when the family’s health insurance is tied to employment (especially with a modest-sized employer), and a member of the family then suffers from a ■^ery expensive medical problem. Plaintiff Robert Jackson worked for defendant Service Engineer...
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92 F. Supp. 2d 824 (2000) Jerry E. WATKINS, Petitioner, v. Charles MILLER, Respondent. No. IP97-0485-C-H/G. United States District Court, S.D. Indiana, Indianapolis Division. April 24, 2000. *825 *826 Joseph M. Cleary, Hammerle Foster & Long-Sharp, Indianapolis, IN, William E. Marsh, Indiana Federal Community Defenders, Indianapolis, IN, for Plaintiff. Michael A. Hurst, Deputy Attorney Genera...
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*218 OPINION OF THE COURT Jose Texido ["Texido" or "appellant"] was convicted of the kidnaping and rape of a 5-year-old girl pursuant to V.I. Code Ann., tit. 14 §§ 1700, 1052. He raises the following issues on appeal: 1) whether appellant's constitutional right to confront witnesses was violated when the trial court denied appellant's request to cross-examination a witness about ...
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MEMORANDUM OPINION I.INTRODUCTION This case is before the court on a Motion for Summary Judgment filed by the Plaintiff, State Farm Fire and Casualty Company, on March 28, 2000 (Doc. # 14), a Motion for Summary Judgment filed by Defendants George and Sandra Burkhardt (“the Burkhardts”) on April 19, 2000 (Doc. # 20), and a Motion to Stay filed by Defendants George and Sandra B...
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MEMORANDUM AND ORDER This matter comes before 1 the court on Plaintiffs Motion to Alter or Amend the Judgment (Doc.- 73) as to plaintiffs age discrimination claim. The court has reviewed’ the arguments presented -by both parties and hereby grants the motion. I. INTRODUCTION The City of Topeka (“City”) hired Dennis Wood as a maintenance worker on July 25, 1972. Wood was fifty-two years o...
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MEMORANDUM AND ORDER On March 23, 2000, the court held a hearing on ten motions and took all the motions under advisement. There are nine motions currently pending before the court. 1 Defendant filed a Motion for Bill of Particulars (Doc. 42), Motion to Strike (Doc. 44), Motion to Dismiss (Doc. 46), and *1162 Motion Requesting Pretrial Production of Documents (Doc. 51). The government fil...
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MEMORANDUM AND ORDER This matter is before the court on defendant’s Motion for Discovery Regarding Selective Prosecution (Doc. 23). The defendant has sought a large amount of information from the Department of Justice, the FBI, and HUD in order to assist in the preparation of a motion to dismiss the indictment based upon selective prosecution based on race. The government has opposed this motion...
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MEMORANDUM AND ORDER This matter is before the court on defendants’ Motion to Dismiss for Lack of Personal Jurisdiction (Doc. 2) and plaintiffs Alternative Motion for Transfer of Venue (Doc. 52) if the court finds it lacks personal jurisdiction. For the reasons discussed below, defendants’ Motion to Dismiss for Lack of Personal Jurisdiction is denied and plaintiffs Alternative Motion ...
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ORDER ADOPTING REPORT AND RECOMMENDATION THIS CAUSE is before the Court on the Report and Recommendation (Dkt.24) entered by Magistrate Judge Mark A. Piz-zo, and Plaintiffs objections thereto (Dkt.24). After reviewing the Report and Recommendation and considering Plaintiffs objections, the Court adopts the Magistrate Judge’s Report and Recommendation. I. STATEMENT OF THE CASE ...
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OPINION This matter comes before the court on defendant Monsanto Company’s motion for leave to amend its notice of removal and for reconsideration of an order remanding this case to the Circuit Court of Wilcox County, Alabama. After careful consideration, the court concludes that it lacks jurisdiction to address Monsanto’s motion. I. BACKGROUND Monsanto, joined by defendants...
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98 F. Supp. 2d 538 (2000) NEOMAGIC CORPORATION, Plaintiff, v. TRIDENT MICROSYSTEMS, INC., Defendant. No. CIV. A. 98-699-RRM. United States District Court, D. Delaware. May 8, 2000. *539 Richard L. Horwitz, Joanne Ceballos, William J. Dorgan, Potter Anderson & Corroon LLP, Wilmington, DE, R.V. Lupo, Jack Q. Lever, Jr., Donna M. Tanguay, Brian E. Ferguson, Raymond A. Jacobsen, Jr., Stephen K. S...
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95 F. Supp. 2d 744 (2000) Maurice A. MASON, Petitioner, v. Betty MITCHELL, Warden, Respondent. No. 1:99 CV 524. United States District Court, N.D. Ohio, Western Division. May 9, 2000. *745 *746 *747 *748 *749 *750 *751 *752 David C. Stebbins, Columbus, Patricia A. Snyder, Cleveland, OH, for Maurice A. Mason, petitioners. Stuart A. Cole, Office of Attorney General, Matthew J. Lampke, Office of Att...
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92 F.Supp.2d 803 (2000) Gary HAMNER, Plaintiff, v. COMMUNITY HOSPITALS OF INDIANA, INC., Defendant. No. IP97-1849-C-T/G. United States District Court, S.D. Indiana, Indianapolis Division. March 31, 2000. *804 Steven T Fulk, Fulk & Associates, Indianapolis, IN, for plaintiff. Michael Marine, Ice Miller Donadio & Ryan, Indianapolis, IN, for defendant. ENTRY DISCUSSING PENDING MOTIONS TINDE...
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MEMORANDUM OPINION & ORDER On this 1st day of May 2000, there comes on for consideration the motion to dismiss filed by the separate defendant, The Marley Company. (Doc. # 29.) For the reasons set forth within this opinion and order, the motion to dismiss should be and hereby is DENIED. I. Background. The facts relevant to the present motion are not in dispute.1 United Dominion Industries (UDI)...
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MEMORANDUM I. INTRODUCTION Defendant, General Security Services Corporation (“GSSC”), provides security services to various private and governmental clients, including the United States Marshals Service (“USMS”). Under contract with the USMS, GSSC supplied security services at federal courthouses within the First Circuit, including the District of Puerto Rico. 1 Pl...
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RULING ON PLAINTIFFS’ MOTION FOR ORDER DIRECTING PAYMENT OF INTEREST ON AWARD OF ATTORNEYS’ FEES [DOC. # 84] In this motion, Plaintiffs seek an order that Bristol pay them postjudgment inter *122 est pursuant to 28 U.S.C. § 1961 on the Court’s award of attorneys fees from the date this Court entered its original judgment (September 29, 1998) through th...
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MEMORANDUM OPINION & ORDER On this 6th day of April 2000, there comes on for consideration the motion for summary judgment filed by the separate defendant, United Dominion Industries, Inc. (Doc. # 16.) Plaintiff originally filed this products liability case alleging that United Dominion Industries, through its wholly owned subsidiary, designed, manufactured, and marketed a defective electric sp...
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*629 MEMORANDUM AND ORDER Before the Court is Plaintiffs motion to quash a subpoena commanding Plaintiffs counsel Brock Snyder to appear for deposition and for protective order (doc. 108) and Plaintiffs motion to determine as a matter of law the viability of a comparative negligence affirmative defense (doc. 125). I. Factual Background On April 5, 1995, Teets Food Distribution Company (“the deb...
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OPINION and ORDER Plaintiffs G. Oliver Koppell — a former candidate for the Democratic nomination for New York Attorney General — and Arnold Linhardt and Marie Morrison — two New York state voters — brought this action challenging the constitutionality of New York Election Law § 7-116(3). For primary elections in counties outside of New York City this statute provides that the position of can...
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Entry Ruling On Motions This action was brought by PHICO Insurance Company (“PHICO”), an excess insurer, against Aetna Casualty and Surety Company of America, Travelers/Aetna Property-Casualty Corporation (“Aetna”), 1 a primary insurer. Aetna tendered the *985 policy limits in an underlying tort action brought against its insureds; thereafter, PHICO settled with th...
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ORDER AND REASONS Before the Court are four motions: (1) defendant MAPCO Petroleum, Inc.’s (“MAPCO”) 1 Motion to Dismiss under Rule 12(b) and/or for Summary Judgment; (2) defendants Mustang Services, Inc.’s (“Mustang”) and Linda Jacobs’ (collectively the “Jacobs defendants”) Motion to Dismiss Pursuant to Rule 12(b)(6); 2 (3) MAP-CO’s Motion for Sanctions and Attorney...
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MEMORANDUM DECISION AND ORDER Plaintiffs Dominick D. Bologna, Dominick Bologna, .and Westmore Fuel, Co., Inc. (collectively the “plaintiffs”) bring this action against defendants Kerr-McGee Corp. (“Kerr-McGee”), Park-Ohio Holdings, Corp. (“Park-Ohio”), Russell Burdsall & Ward, Inc. (“RBW”), and A. Tarricone, Inc. (“Tarricone”), under the Resource Conservation and Recovery Act, ...
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OPINION & ORDER Corporate plaintiff Intershoe, Inc. (“In-tershoe”) and individual plaintiff Alberto Guarino (“Guarino”), Intershoe’s Chairman of the Board and a major shareholder, alleged in New York Supreme Court various state law claims arising from defendants’ attempt to purchase Intershoe and a related lawsuit against Guarino. Defendants removed the action to federal court on the grou...
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MEMORANDUM OPINION AND ORDER Dwayne B. Davis sued Cash For Payday, Inc. (“CFP”), Ivar J. Ranvik, and John Does 1-10, on behalf of a putative class for violations of the Truth in Lending Act (“TILA”), 15 U.S.C. § 1601 et seq., and implementing Federal Reserve Board Regulation Z, 12 C.F.R. § 226, and the state law claims of unconscionability and violation of the Illinois Consumer Fraud and Decept...
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ORDER THE BACKGROUND OF THIS ORDER IS AS FOLLOWS: On May 11, 1993, Thomas Gambino was found guilty of a substantive violation of the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. § 1962(c), and conspiracy in violation of the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. § 1962(d). On October 29, 1993, Gambino was sentenced to pay a $100,000 fine and serve 60 ...
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ORDER THE BACKGROUND OF THIS ORDER IS AS FOLLOWS: On May 13, 1999, David Laskowski initiated this action by filing an eight count complaint. On October 12, 1999, he filed an amended complaint containing eleven counts. Four of those counts are based upon 42 U.S.C. § 1983. The named defendants are Chris Buhay, Dominic McGinley, Kevin McGinley, and Brian Shurock. Plaintiffs claims are based on eve...
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94 F. Supp. 2d 719 (2000) Linda M. DAVIES, Plaintiff v. JOBS & ADVERTS ONLINE, GMBH Defendant. No. CIV.A. 99-1293-A. United States District Court, E.D. Virginia. Alexandria Division. May 5, 2000. Daniel Lewis Hawes, Hawes & Associates, Fairfax, VA, for Plaintiff. Edward Lee Isler, Ray & Isler, P.C., Vienna, VA, for Defendant. MEMORANDUM OPINION ELLIS, District Judge. In this breach o...
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ORDER DENYING MOTION FOR TEMPORARY RESTRAINING ORDER This matter comes before the Court on a Motion for Temporary Restraining Order filed by Travelers Casualty & Surety Company of America (“Plaintiff’) against Susan M. Merritt. After a hearing on this matter on April 26, 2000, the Court DENIED the Plaintiffs motion. This Order further explains that ruling. I. Factual 1 ...
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*554 MEMORANDUM Defendant Topper’s Salon and Health Spa, Inc. moves to dismiss the complaint for failure to state claim upon which relief can be granted. Fed.R.Civ.P. 12(b)(6). 1 *555 Jurisdiction is federal question, 28 U.S.C. § 1381, and supplemental, 28 U.S.C. § 1367. This action presents a Title VII claim for religious and gender discrimination ar...
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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 October 12, 1999, Defendant filed this Motion to Dismiss. For the reasons that follow, the motion is denied. Background The facts of this case have been set forth in this Court’s previous memoranda. Di...
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MEMORANDUM OPINION AND ORDER The Court is called upon to decide an issue of first impression in this Circuit, viz., whether a corporate employer is vicariously liable as a matter of law under the False Claims Act (“FCA”) as a result of the misdeeds of a low-level employee who, acting within the scope of her employment, caused false claims to be filed with the Government wit...
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97 F.Supp.2d 691 (2000) Cecilia HOSTETLER, Plaintiff, v. UNITED STATES of America, Defendant and Third-Party Plaintiff, v. Burdin Lift Co., Third-Party Defendant. No. Civ.A. 2:99cv2026. United States District Court, E.D. Virginia, Norfolk Division. April 18, 2000. *692 *693 *694 Lance A. Jackson, Huff, Poole & Mahoney, PC, Virginia Beach, VA, for plaintiff. Lawrence R. Leonard, United States ...
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*1131 MEMORANDUM OPINION AND ORDER Mary Seisser (“Seisser”) has sued her ex-employer Platz Flowers and Supply, Inc. (“Platz”), claiming that she was discharged or “constructively discharged” 1 because of her poor vision in violation of the Americans with Disabilities Act (42 U.S.C. §§ 12101 to 12117). 2 Platz has moved for summary judgment under Fed. R.C...
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96 F. Supp. 2d 403 (2000) In re CENDANT CORPORATION DERIVATIVE ACTION LITIGATION No. 98CV1998. United States District Court, D. New Jersey. May 12, 2000. *404 Bruce Gerstein, Garwin, Bronzaft, Gerstein & Fisher, New York City. Jeffrey Smith, DeCotiis, Fitzpatrick & Gluck, Teaneck. Stephen Greenberg, Stern & Greenberg, Roseland, NJ. Steven Radin, Sills, Cummis, Radin, Tischman, Epstein...
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96 F. Supp. 2d 813 (2000) Albert BROWN, Plaintiff, v. FORD MOTOR COMPANY, Defendant. No. 99 C 1728. United States District Court, N.D. Illinois, Eastern Division. May 9, 2000. *814 Benjamin Earl Starks, Carl B. Boyd, Starks & Boyd, P.C., Chicago, IL, for Albert Brown, plaintiff. Richard Andrew Hahn, Best, Mangan & Langhenry, Chicago, IL, W Perry Brandt, Stephen M Bledsoe, Berkowitz, Feldm...
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98 F. Supp. 2d 1086 (2000) SECURITIES AND EXCHANGE COMMISSION, Plaintiff, v. Hahn TRUONG, Hieu Truong, Hen Truong, Nina Vinh, Mike Pirbazari, and Christopher Nguyen, Defendants. No. CIV. 98-21137SW(EAI). United States District Court, N.D. California. April 12, 2000. *1087 *1088 Finola G. Halloran and John Yun, Securities & Exchange Commission, for plaintiff. Jared L. Kopel and Lawrence Hing, ...
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MEMORANDUM OPINION Plaintiffs filed this suit to enforce the terms of an alleged 1981 oral agreement between their now deceased father and stepmother to execute mutual and reciprocal wills designed to ensure that the testators’ jointly-owned estate would, on the death of the survivor, pass in equal shares to the father and stepmother’s respective heirs. To prove the existence of the alleged agreem...
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101 F. Supp. 2d 1270 (2000) D.A.R.E. AMERICA, a California non-profit corporation; Glenn Levant, Plaintiff, v. ROLLING STONE MAGAZINE, whose legal name is Straight Arrow Publishers Co., a corporation; Jann Wenner; Robert Love; Does, 1 through 10 inclusive, Defendants. No. CV 99-1132 VAP CTX. United States District Court, C.D. California. April 27, 2000. *1271 *1272 *1273 Louis R Miller, Talin V Y...
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MEMORANDUM & ORDER The parties have requested approval of two settlements. The first is a partial settlement of a securities class action for $111 million; class counsel seeks thirty percent of this fund as attorneys’ fees. The second is a complete settlement of a related derivative suit for $5 million, which will be contributed to the class action fund. Attorneys’ fees for the derivative suit ...
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OPINION AND ORDER On November 24, 1998, I approved a Consent Decree resolving claims brought by the United States, acting on behalf of the Environmental Protection Agency (“EPA”), and the State of New York against the City of New York to require the City to provide filtration and disinfection treatment for its Croton Water Supply System. United States v. City of New York, 30 F....
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OPINION AND ORDER Plaintiff Angelo Prunella, a Jehovah’s Witness, brings this action pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq., claiming that defendants Carlshire Tenants, Inc. and Garthchester Realty, Ltd. terminated his employment because of his religious affiliation. Defendants now move to dismiss the complaint pursuant to Fed.R.Ci...
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MEMORANDUM OPINION This matter is before the Court on the parties cross-motions for summary judgment on the legality of Henrico County, Virginia Ordinance No. 469B-99 (the “Ordinance”). MediaOne Group, Inc., Me-diaOne of Virginia, Inc., and AT & T Corp. (“MediaOne” or the “plaintiffs”) have filed a Motion for Summary Judgment on Federal Statutory Preemption and Virginia Law...
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94 F.Supp.2d 1210 (2000) Orpha Glee HARRIS, et al., Plaintiffs, v. OIL RECLAIMING COMPANY, et al., Defendants. No. 97-1270-JTM. United States District Court, D. Kansas. April 11, 2000. *1211 *1212 John S. Seeber, Adams & Jones, Chartered, Wichita, KS, for Orpha Glee Harris, Loree Beeler, Galen Young, Avis Jean Thompson. George Nelson, Oklahoma City, OK, Edward L. Brown, Jr., Wichita, KS, Jame...
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95 F. Supp. 2d 1198 (2000) IMC CHEMICALS, INC., f/k/a North American Chemical Co., Plaintiff, v. NIRO, INC., Defendant and Third-Party Plaintiff, v. DEC International, Inc., Third-Party Defendant. No. 98-2348-JTM. United States District Court, D. Kansas. April 27, 2000. *1199 *1200 Floyd R. Finch, Jr., Blackwell Sanders Peper Martin LLP, Kansas City, MO, Tara E. Foss, Foland & Wickens, P.C., ...
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MEMORANDUM AND ORDER The plaintiffs, Paladin Associates, Inc. (“PAI”) and Marie G. Owens (“Owens”), instituted the present action alleging the defendants, Montana Power Company (“MPC”), North American Resources Company (“NARCO”), Northridge Petroleum Marketing, Inc. (“Northridge Petroleum”) and TransCanada Gas Services Limited (“TransCanada”) engaged in certain anti-competitive activi...
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MEMORANDUM I. Introduction The Petitioner, Francisco Vasquez (“Vasquez”) petitioned this Court for a Writ of Habeas Corpus pursuant to 28 U.S.C § 2241, claiming that he is being unlawfully detained by the government in violation of the laws of the United States. The government moved to dismiss the petition pursuant to Fed.R.Civ.P. 12(b)(6) for lack of subject matter juris...
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MEMORANDUM Defendants move for summary judgment on grounds that MetLife’s determination that Plaintiff was not “totally disabled” is supported by “substantial evidence.” For reasons set forth below, the motion is DENIED. I. Plaintiff, Clyde Vlass, began working for Defendant, Raytheon Company (“Raytheon”), in October 1985 as a “unit person.” In February 1995, Vlass was diagn...
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Opinion I. Procedural Background and Nature of This Case By Memorandum and Order (Docket No. 9, June 7, 1999), this court denied without prejudice Respondent’s Motion to Dismiss for Failure to State a Claim (Docket No. 2, filed November 16, 1998). That motion asserted lack of jurisdiction to consider petitioner’s due process challenge to an affirmance by the BIA of an Immigration Judge’s orde...
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DECISION This cause came to be heard before the court, sitting without a jury, on October 21 through 24,1996. In a Decision and Order entered March 20, 1997, I found that defendant was entitled to use the term “Hog Farm” in the conduct of its business, but that plaintiff Harley-Davidson, Inc. was entitled to a permanent injunction with respect to its “Bar and Shield” and “Hog” trademarks....
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ORDER Before the Court is an appeal filed by Creditor/Appellant, United States of America, from the Order and Opinion of Bankruptcy Judge William V. Altenberger. For the reasons stated herein, the decision of the Bankruptcy Court is REVERSED and REMANDED. Procedural Background On February 16, 1999, Debtor/Appellee, Renee Munson (“Munson”), commenced this bankruptcy case by filing a petiti...
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94 F. Supp. 2d 998 (2000) Edward J. SPOLNIK, Jr., D.D.S., Plaintiff, v. GUARDIAN LIFE INSURANCE COMPANY OF AMERICA, Defendant. No. IP97-1198-C-T/G. United States District Court, S.D. Indiana, Indianapolis Division. March 29, 2000. *999 *1000 Robert E. Saint, Emswiller, Williams, Noland & Clarke, Indianapolis, IN, Ronald E Elberger, Bose McKinney & Evans, Indianapolis, IN, for plaintiff. D...
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MEMORANDUM OPINION AND ORDER Plaintiff Berthold Types Limited filed a five-count complaint against defendants European Mikrograf Corp., Helios Software Gmbh, and Helmut Tschemernjak alleging counterfeiting (Count I), trademark infringement (Count II), false designation of origin and unfair competition (Count III), deceptive trade and business practices (Count IV), and unjust enrichmen...
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94 F. Supp. 2d 172 (2000) TAPIS INTERNATIONAL, Quaid Pindwarawala, and Yakuta Kangroo, Plaintiffs, v. IMMIGRATION AND NATURALIZATION SERVICE, Janet Reno, Doris Meissner, and Paul E. Novak, Defendants. No. CV 98-11807-JLT. United States District Court, D. Massachusetts. April 24, 2000. *173 Maureen O'Sullivan, Kaplan, O'Sullivan & Friedeman, Boston, MA, for Tapis International, Quaid Pindwaraw...
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ENTRY DENYING DEFENDANTS’ MOTION FOR JUDGMENT ON THE PLEADINGS Plaintiff, Barbara Malone (“Malone”), alleges that Defendants, Indianapolis Housing Agency (“IHA”), Eugene Jones (“Jones”), individually and in his official capacity as Executive Director, and the City of Indianapolis (collectively “Defendants”), fired her in retaliation for exercising her right to free speech under the First ...
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DECISION AND ORDER In these three consolidated antitrust actions, plaintiffs contend that sellers of heat-sensitive facsimile paper conspired to fix prices from February 1990 through March 1992, in violation of the Sherman Act, 15 U.S.C. § 1. Suit is brought under § 4 of the Clayton Act, 15 U.S.C. § 15. Plaintiffs seek to bring the suit as a class action under Rule 23 of the Federal Rules of Ci...
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98 F. Supp. 2d 96 (2000) The RARITIES GROUP, INC., Plaintiff, v. Ronald KARP and Alissa Karp, d/b/a New York Gold Mart, Defendants. No. CivA 00-10459-REK. United States District Court, D. Massachusetts. May 3, 2000. Matthew P. Poppel, Poppel & Pingitore, Boston, MA, Thomas W. Aylesworth, Neil P. Motenko, Nutter, McClennen & Fish, LLP, Boston, MA, for The Rarities Group, Inc., plaintiff. L...
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MEMORANDUM ORDER On January 16, 1998, Petitioner Austen Nwanze filed the instant petition for writ of habeas corpus. This matter was assigned to United States District Judge Sean J. McLaughlin and was referred to United States Magistrate Judge Susan Paradise Baxter for report and recommendation in accordance with the Magistrates Act, 28 U.S.C. § 636(b)(1), and Rules 72.1.3 and 72.1.4 of the L...
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98 F.Supp.2d 1003 (2000) Clyde PIGGIE, Petitioner, v. Craig HANKS, Respondent. No. 3:99CV0561 AS. United States District Court, N.D. Indiana, South Bend Division. May 15, 2000. *1004 *1005 Clyde Piggie, Carlisle, IN, petitioner pro se. David A Arthur, Indiana Attorney General, Indianapolis, IN, for Rondle Anderson, respondent. MEMORANDUM AND ORDER ALLEN SHARP, District Judge. Petitioner Clyde Pi...
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ENTRY GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT AND DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT Plaintiff, Dennis Serio (“Serio”), comes before us seeking legal and equitable relief for defendant’s alleged violation of the Family and Medical Leave Act of 1993 (“FMLA”), 29 U.S.C. § 2601 et seq. Serio claims that defendant, Jojo’s .Bakery Restaurant (“Jojo”), 1 imp...
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101 F. Supp. 2d 171 (2000) UNITED STATES of America v. David ANDINO, Defendant. No. S1397CR.1293(MGC). United States District Court, S.D. New York. May 15, 2000. *172 Mary Jo White, United States Attorney for the Southern District of New York, New York City, by Richard C. Daddario, Nicole A. LaBarbera, Assistant United States Attorneys, for United States of America. Sanford M. Katz, New York City...
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DECISION AND ORDER INTRODUCTION Mark J. Schlant, Chapter 7 Trustee for debtor P & L Credit and Collection Services, Inc., appeals from a decision of the Bankruptcy Court, holding that the claim of creditor Federal Deposit Insurance Corporation (“FDIC”) against the debtor’s assets was timely filed, even though the FDIC had prior knowledge of the pending bankruptcy proce...
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94 F. Supp. 2d 957 (2000) Valerie J. VANCE, Plaintiff, v. QUALEX, INC., Defendant. No. 3:99CV0333 AS. United States District Court, N.D. Indiana, South Bend Division. April 29, 2000. *958 Georgia C Luks-McFarland, South Bend, IN, for Valerie J Vance, plaintiff. Christopher A Nichols, May Oberfell and Lorber, South Bend, IN, William E Hester, III, Bethany L Brantley, The Kullman Firm, New Orleans,...
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ORDER I. BACKGROUND The dispute in this case centers on a controversy among the five members of the Board of the Huntington Housing Authority (“HHA”) regarding its membership; the validity of the position of Mabel Harris, a resident of public housing, as a sixth voting member of the HHA; and the interpretation of the Qualified Housing and Work Responsibility Act (“QHWRA”) 42 U.S.C. § 1437 gover...
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MEMORANDUM DECISION In this cargo case, Sotheby’s, through an agent, hired Federal Express Corporation (“FedEx”) to transport three pieces of artwork (the “Artwork”) from London, England to Newark, New Jersey. The air waybill provided that the Artwork was to be flown on FedEx Flight 005 from London, England to Newark, New Jersey. FedEx in fact transported the Artwork to Newark on Flig...
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DECISION and ORDER JURISDICTION This matter was referred to the undersigned for all non-dispositive pretrial matters by order of Hon. William M. Skretny dated September 16, 1999. It is presently before the court on Plaintiffs motion to compel dis- • eovery and for sanctions (Doc. # 18) filed February 10, 2000. BACKGROUND Plaintiff filed this action on July 20, 1999 alleging four causes of action ...
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ENTRY GRANTING DEFENDANT’S MOTION TO ENFORCE SETTLEMENT AGREEMENT Plaintiff, Ralph Cornell (Cornell) sued his employer, Delco Electronics Corpora *1117 tion, now known as Delphi Electronics Systems Corporation (Delphi), alleging disability and age discrimination and retaliation for Cornell’s filing of administrative complaints based on the alleged discrimination. At a set...
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ENTRY GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT Plaintiff, Debie England (“England”), alleges that Defendant, ENBI Indiana, Inc. (“ENBI”), discriminated against her, in violation of Title I of the Americans With Disabilities Act, 42 U.S.C. §§ 12101 et seq. (“ADA”) and the Indiana Workers Compensation Act, Ind.Code §§ 22-3-1-1 et seq. (“IWCA”). Specifically, En...
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ORDER REMANDING ACTION TO STATE COURT FOR LACK OF SUBJECT MATTER JURISDICTION Plaintiff, Robert Kittle (“Kittle”), originally filed this fraud action in Bartholomew Circuit Court. Kittle contends that defendants, The Prudential Insurance Company of America (“Prudential”), and its general manager and agent, Darrell Kemmerer (“Kemmerer”), induced him to terminate his previous employment as ...
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104 F.Supp.2d 1027 (2000) Louis KUJAWSKI, Plaintiff, v. BOARD OF COMMISSIONERS OF BARTHOLOMEW COUNTY, INDIANA, State of Indiana, and Bartholomew Community Corrections Department, Defendant. No. IP96-1798-C-B/S. United States District Court, S.D. Indiana, Indianapolis Division. January 20, 2000. *1028 Richard A Waples, Indianapolis, IN, for plaintiff. Michael Morow, Stephenson Daly Morow & Kur...
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ORDER THIS MATTER is before the court on Plaintiffs’ Dispositive Motion for Summary Judgment (Doc. 54) and Defendant’s response in opposition (Doc. 64), and Defendant’s Memorandum of Law in Support of Defendants’ Motion for Summary Judgment (Doc. 68), 1 supplemental memorandum (Doc. 78), and Plaintiffs’ response in opposition (Doc. 63). I. The undisputed facts est...
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ENTRY GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT Mickey Wathen (Wathen), an Allison Engine Company (Allison) employee, sued Allison for failing to promote her because of her age, sex, and race, and for retaliating against her and/or taking further discriminatory actions against her after she filed complaints about the discrimination. Allison moved for summary judgment on all claims....
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MEMORANDUM OPINION AND ORDER This case is before the Court on a declaratory judgment action based on a directors and officers liability insurance poli *934 cy. Joel E Bernstein, M.D., James L. Currie, Neal S. Penneys, M.D., Laura Pearl, Jeremy Silverman, Frank A. Ehm-ann, Henry Kuehn (“Directors”) and Gen-Derm Corporation are before this Court on a motion for summary judg...
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ORDER Before the Court is “Defendant’s Amended Petition For Sanctions Pursuant To Federal Rule 11.” The motion is granted. The underlying action is one for alienation of affections, the elements of which are (1) love and affection of the spouse for the plaintiff; (2) actual damages; and (3) overt acts, conduct or enticement on the part of the defendant causing those affections to depart.1 Damag...
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OPINION Plaintiff Harrison Kerr Tigrett, a student at the University of Virginia (“University”), has filed this complaint against the Rector and Visitors of the University of Virginia, University President John T. Casteen, III, University Vice-President William W. Harmon, individual members of the University’s Board of Visitors, individual members of the University’s Judiciary Committee, ...
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MEMORANDUM OPINION The Indictment in this case charges the defendants with participating in a conspiracy to distribute cocaine base, possessing cocaine base, distributing cocaine base to two women in exchange for sexual favors, maintaining a crack house, and various firearms offenses. The defendant, Marshall King, has filed a Motion for Special Order Regarding Extrajudicial Statements in which he ...
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OPINION I. INTRODUCTION Currently before the court is the appeal of T. Copeland & Sons (“Copeland”) from two bankruptcy court orders sustaining Joint Objection to Copeland’s secured claim against the estate. Jurisdiction was proper in the bankruptcy court under 28 U.S.C. § 157 as a core proceeding arising under Title 11 of the U.S. Code. This court has jurisdiction over Copeland’s appeal pursuant...
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96 F. Supp. 2d 679 (2000) AMERICAN CIVIL LIBERTIES UNION OF KENTUCKY; Louanne Walker and David Howe, Plaintiffs, v. McCREARY COUNTY, KENTUCKY; and Jimmie Greene, In his official capacity as McCreary County Judge Executive, Defendants. No. CIV.A. 99-507. United States District Court, E.D. Kentucky, London Division. May 5, 2000. *680 *681 Everett C. Hoffman, Segal Stewart Cutler Catlett, Linsay &am...
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96 F. Supp. 2d 691 (2000) AMERICAN CIVIL LIBERTIES UNION OF KENTUCKY; Lawrence Durham and Paul Lee, Plaintiffs, v. PULASKI COUNTY, KENTUCKY; and Darrell Beshears, in his official capacity as Pulaski County Judge Executive, Defendants. No. CIV.A. 99-509. United States District Court, E.D. Kentucky, London Division. May 5, 2000. *692 *693 Everett C. Hoffman, Segal, Stewart, Cutler, Catlett, Linsay ...
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OPINION I. INTRODUCTION This is an action filed by plaintiff Polly Drummond Thriftway, Inc., t/a Zingo’s Shop-N-Bag (“Polly Drummond”), against defendant W.S. Borden Company, a/k/a the Borden-Perlman Insurance Agency (“Borden-Perlman”). 1 At all times relevant to the matters at issue, Polly Drum-mond obtained its insurance coverage through Borden-Perlman. ' Polly Drum-mond claims at bar tha...
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MEMORANDUM Plaintiff, Lynn Cortes, commenced this action with the filing of a complaint alleging sexual harassment, on July 28, 1999. The complaint asserts claims under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq., and under the Pennsylvania Human Relations Act (the “PHRA”), 43 Pa. Stat. Ann. § 951, et seq. Presently before the Court ar...
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OPINION Presently before the Court is the summary judgment motion of defendants Borough of Westville and Westville Police Department. For the reasons set forth below, this motion is denied. I. Plaintiffs, Jeffrey Fowler, Vincent Salce-to, David Harris, and Sherman Tillman (“plaintiffs”), are recovering alcoholics or drug users and residents of one of two group homes located in W...
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ORDER GRANTING DEFENDANT’S MOTION TO DISMISS Before the court is Defendant Allstate Insurance Company (“AJlstate”)’s motion to dismiss for failure to state a claim. Plaintiffs Charles Hayes, Sr. (“Hayes”), Mic Shel Motors, Inc. (“Mic Shel”), and Hayes and Son Body Shop, Inc. (“Hayes and Son”) allege that Allstate has engaged in unlawful racial discrimination by intentionally excluding mos...
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MEMORANDUM AND ORDER On November 1, 2, 3, 4, 8 and 9, 1999 the defendant, Joseph Falcone, was tried before a jury, culminating in a guilty verdict for insider trading in violation of 15 U.S.C.A. § 788(b) and 17 C.F.R. § 240.10b-5. 1 On December 23, 1999 the *298 defendant filed a motion pursuant to Rule 29(c) of the Federal Rules of Criminal Procedure to set aside the verdict. The Governmen...
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107 F. Supp. 2d 150 (2000) Dennis JOSLIN v. Adrienne GROSSMAN, et al. No. 3:95 CV 2590 (JGM). United States District Court, D. Connecticut. March 13, 2000. *151 *152 *153 Christopher J. Lutzo, Meister Seelig Friedman & Kasindorf, New York City, for Dennis Joslin, plaintiffs. Patrick Walter Begos, Begos & Horgan, Byron Paul Yost, Westport, CT, for M. William Grossman, Trustee, Adrienne Gro...
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OPINION This is an action for securities fraud brought on behalf of purchasers of Lucent Technologies, Inc. (“Lucent”) common stock (“Lucent Stock”), seeking damages for violations of Section 10(b)(“Seetion 10(b)”) and 20(a) (“Section 20(a)”) of the Securities Exchange Act of 1934 (the “Exchange Act”), as *141amended, 15 U.S.C. §§ 78j(b) and 78t(a), and Rule 10-b (“Rule 10 — b”) promulgated there...
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MEMORANDUM AND ORDER Plaintiffs’ latest of many motions to compel that have required court resolution in this products liability case seeks to obtain *497production of documents related to two lawsuits brought against defendant Ohtsu (“Oht-su” or “defendant”) in other jurisdictions. The first was filed in state court in Texas, Hernandez v. Ohtsu Tire and Rubber Company, Case No. 08-08-3500, Distr...
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96 F. Supp. 2d 907 (2000) Patrick Theodore SMITH; Nancy Lee Smith Hart; Barbara Ann Smith; and Doreen Esther Smith, Plaintiffs, v. Bruce BABBITT, U.S. Secretary of Interior; Kevin Gover, Assistant U.S. Secretary for Indian Affairs; and Angela Lagarde, Welsa Project Director, Defendants. No. CIV. 98-1302(JRT/RLE). United States District Court, D. Minnesota. May 11, 2000. *908 Paul G. Thibeault, An...
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RULING ON PLAINTIFFS’ MOTION TO COMPEL On November 11, 1998, plaintiffs Fayne A. Hildebrand and her husband, Andrew Hildebrand, commenced this lawsuit against defendant Wal-Mart Stores, Inc. in Connecticut Superior Court. On December 29, 1998, defendant removed this action to this District Court pursuant to 28 U.S.C. § § 1441(a) and 1446. (Dkt. # 1). Plaintiff alleges that as she was leaving th...
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106 F.Supp.2d 340 (2000) Jonathan MILLER v. Walter J. KUPCHUNOS, Jr. et al. No. 3:98 CV 2318 JGM. United States District Court, D. Connecticut. February 7, 2000. Robert H. Weinstein, Weinstein & Associates, West Hartford, CT, for Jonathan Miller, plaintiff. *341 Lynn D. Wittenbrink, Attorney General's Office, Hartford, CT, for Walter J. Kupchunos, Jr., defendant. RULING ON PLAINTIFF'S MOTION...
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94 F.Supp.2d 1167 (2000) Robert J. ANGRES and Irina Axelrod-Angres, Individually And On Behalf Of A Class Of Others Similarly Situated, Plaintiffs, v. SMALLWORLDWIDE PLC, Smallworld Systems, Inc., Richard G. Newell, Andrew P. Stafford, Timothy Cadman and Richard T. Green, Defendants. No. CIV.A.99-K-1254. United States District Court, D. Colorado. April 28, 2000. *1168 Robert J. Dyer III, Kip B. S...
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97 F. Supp. 2d 937 (2000) Mark ARNOLD, Plaintiff, v. CITY OF APPLETON, WISCONSIN, Defendant. No. 97-C-0869. United States District Court, E.D. Wisconsin. April 14, 2000. *938 Jeffrey P. Sweetland, Daniel L. Shneidman, Shneidman, Myers, Dowling, Blumenfield, Ehlke, Hawks, Domer, Milwaukee, WI, Aaron N. Halstead, Shneidman, Myers, Dowling, Blumenfield, Ehlke, Hawks, Domer, Madison, WI, for plaintif...
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MEMORANDUM AND ORDER LaWanda Cooper brings suit against Louis Caldera, Secretary of the Army, alleging that the Army Board of Correction of Military Records (ABCMR) acted arbitrarily and capriciously when it decided not to correct her military records. 1 This matter comes before the Court on defendant’s Motion to Dismiss Or, In The Alternative, For Summary Judgment ...
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94 F. Supp. 2d 1176 (2000) Lashaunda K. POINDEXTER, Plaintiff, v. Kenneth S. APFEL, Commissioner of Social Security Defendant. No. CIV.A.99-2190-KHV. United States District Court, D. Kansas. February 29, 2000. *1177 *1178 Robert D. Linscott, Kansas City, MO, for Lashaunda Poindexter. Melanie D. Caro, Office of the U.S. Atty., Kansas City, MO, for Commissioner of Social Sec. MEMORANDUM AND ORDER ...
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MEMORANDUM AND ORDER Plaintiff brings suit under 42 U.S.C. § 1988, alleging that defendants violated his constitutional rights by reducing his inmate incentive level after he refused to enter into a sex abuse rehabilitation program at Hutchinson Correctional Facility. This matter comes before the Court on Defendants’ Motion For Summary Judgment Or In The Alternative Judgment on ...
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98 F. Supp. 2d 849 (2000) Alfred MORALES, Petitioner, v. Ralph COYLE, Warden Respondent. No. 1:95 CV 2674. United States District Court, N.D. Ohio, Eastern Division. March 29, 2000. Order Amending Opinion May 15, 2000. *850 *851 *852 *853 *854 *855 Amanda Martinsek, Vorys, Sater, Seymour & Pease, Cleveland, OH, David H. Bodiker, Laurence E. Komp, Office of the Publis Defender, Ohio Public Def...
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MEMORANDUM OPINION On January 19-21 and 25-27, the main demand in the above-captioned matter came on for trial by jury. Following a judgment in favor of plaintiff, the Court set trial of the third-party demand, without a jury, for February 8, 2000. In an order entered on January 31, 2000, the Court granted the request of counsel for the parties to continue the trial and re-set the matter for ...
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MEMORANDUM OPINION AND ORDER REGARDING PLAINTIFF’S REQUEST FOR FRONT PAY TABLE OF CONTENTS I.INTRODUCTION AND BACKGROUND .1007 II.LEGAL ANALYSIS..1007 A. Prospective Equitable Relief Available Under Title VII o o -J B. Prine’s Request For Prospective Equitable Relief. o o OO 1. Reinstatement.1008 2. Front Pay.1010 ...
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MEMORANDUM OPINION This memorandum opinion explains the court’s rationale in vacating its previous order allowing Kent Spriggs and John C. Davis to appear as counsel in this matter, pro hac vice and in sanctioning attorneys Kent Spriggs and John C. Davis for violations of Fed.R.Civ.P. 11 (“Rule 11”). *114BACKGROUND This 1996 class action involves charges of workplace gender discrimination again...
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MEMORANDUM AND ORDER The parties dispute, and I am asked to decide, whether, during remand to the Social Security Administration, I may award interim disability payments to the plaintiff, a minor child. I hold that I may, in the special circumstances presented by this case. My holding is contrary to decisions of the Fourth and Tenth Circuit Courts of Appeals, but is consistent with de...
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MEMORANDUM OPINION BACKGROUND This case has extensive procedural history, the relevant excerpts of which are summarized below. The underlying claim involves charges of workplace gender discrimination against Smith Barney, Inc. and several of its officers (collectively referred to as “the Smith Barney Defendants”). Plaintiffs initially filed this suit as a putative class action in May of 1996. T...
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Opinion In this consolidated action, Marcus Edwards (“Edwards”) and Michael Payne (“Payne”) petition this court for habeas corpus relief under 28 U.S.C. § 2254. For the following reasons, their petitions are dismissed. I. Factual and Procedural Background A. Procedural History In April, 1993, a Suffolk County grand jury returned indictments against both petitioners alleging two counts of ...
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MEMORANDUM ORDER This matter is pending before the court on the motion of defendant, Pratt Mining Company, to stay proceedings in the above-styled civil action, filed April 12, 1999. I. On December 5, 1984, Pratt Mining Company (“Pratt”) and Geupel Construction Company, Inc. (“Geupel”) formed a joint venture known as High Power Energy (“High Power”), for the purpose of perfo...
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*480 OPINION & ORDER Debtor Harry L. Alexander appeals from two orders of the U.S. Bankruptcy Court for the Southern District of New York (Judge Cornelius Blackshear) issued in the context of this involuntary bankruptcy petition brought by creditor Bank of Woodstock. The first order revoked two earlier orders permitting Alexander to invade his IRA in order to meet certain per...
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ORDER DENYING PLAINTIFF’S MOTION TO VACATE DISMISSAL1 Plaintiff originally brought this action against Defendants alleging violations of 42 U.S.C. § 1981, 42 U.S.C. § 1983, and 42 U.S.C. § 1985. In an order issued April 21, 2000, the Court sua sponte DISMISSED WITH PREJUDICE all claims asserted in this case. Now before the Court is Plaintiffs Motion for New Trial, which the Court properly evaluat...
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96 F. Supp. 2d 572 (2000) Ruthie L. BRIGHT, As Guardian of Brandon B. Bright v. Timonty HICKMAN, et al. No. 9:99-CV-317. United States District Court, E.D. Texas, Lufkin Division. May 5, 2000. *573 Ruthie L. Bright, 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 Ea...
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ORDER DENYING PLAINTIFFS’ APPLICATION FOR MANDATORY INJUNCTION Randy M. is a thirteen-year-old student currently enrolled in the Texas City Independent School District (the “District”). Now before the Court is Plaintiffs’ Application For Mandatory Injunction, filed April 17, 2000. Plaintiffs seek an Order requiring the School District to retain Randy in his last agreed upon educational placem...
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94 F. Supp. 2d 746 (2000) Ronald SCHULTZ v. LOUISIANA DOCK COMPANY, et al. Nos. CIV. A. 99-2402, CIV. A. 99-3006. United States District Court, E.D. Louisiana. May 5, 2000. Kerry Paul Camarata, Richard A. Thalheim, Jr., Ltd., Thibodaux, LA, for Ronald T. Schultz. *747 Glenn Gill Goodier, R. Scott Jenkins, Jones, Walker, Waechter, Poitevent, Carrere & Denegre, New Orleans, LA, for American Com...
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MEMORANDUM AND OMNIBUS ORDER The plaintiffs, Open Software Foundation, Inc. (OSF) and Hewlett Packard Company (HP), allege that the defendant, United States Fidelity & Guaranty Co. (USF & G), failed to meet its obligation to defend them from a lawsuit by the Addamax Corporation. The Addamax litigation arose after Addamax software was not selected for inclusion in a *327software product sold and...
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MEMORANDUM AND ORDER I. INTRODUCTION The Petitioner, Tony B. Gaskins (“Gas-kins”), brings this habeas corpus petition (the “Petition”) pursuant to 28 U.S.C. § 2254 claiming that the proceedings at the state level were fraught with constitutional violations that prevented him from receiving a fair trial. 1 Whether these claims are meritorious, however, cannot be addressed at this time beca...
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94 F. Supp. 2d 878 (2000) Arthur MCDANIEL, Plaintiff, v. WAL-MART STORES, INC., Defendant. No. 5:99-CV-2761. United States District Court, N.D. Ohio, Eastern Division. May 15, 2000. *879 David A. Van Gaasbeek, North Canton, OH, for Arthur McDaniel, Plaintiffs. Bradley A Sherman, Duvin, Cahn & Hutton, Cleveland, OH, Gregory S Muzingo, Wal-Mart Stores, Inc., Legal Department, Bentonville, AR, R...
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MEMORANDUM OF DECISION AND ORDER ON A PETITION FOR WRIT OF HABEAS CORPUS Petitioner Angelo Groccia is a citizen of Italy. Groccia immigrated to the United States on December 1, 1955, when he was six years old. On February 1, 1996, Groc-cia pleaded guilty in the Worcester Superi- or Court to possession of cocaine with the intent to distribute. Groccia thus became automatically deportab...
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*663 OPINION Pending before the court is the motion (doc. no. 2) of defendants, Sprint Spectrum, L.P., Sprint Communications Company, L.P., and Sprint Personal Communications Services (collectively “Sprint”), to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) and the motion (doc. no. 5) of plaintiffs, Mark B. Aronson and Joseph G. Kanfoush, to remand pursuant to ...
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ORDER This matter is before the court on Plaintiffs petitions for judicial review of four orders of the Georgia Public Service Commission (“PSC”). I. STATEMENT OF THE CASE A. Procedural History Plaintiff, BellSouth Telecommunications, Inc. (“BellSouth”), filed the instant actions seeking judicial review, pursuant to 47 U.S.C. § 252(e)(6), of four PSC orders holding that BellSouth must pay recip...
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96 F. Supp. 2d 820 (2000) Charles M. VORHEES, Executor of the Last Will and Testament of Helen Brach, a person presumed dead, Plaintiff, v. NAPER AERO CLUB, INC., et al., Defendants. No. 99C6118. United States District Court, N.D. Illinois, Eastern Division. May 16, 2000. *821 Edward J. Donovan, James J. McManus, Saulius V. Kuprys, Henehan Donovan & Isaacson, Ltd., Chicago, Illinois, for plai...
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96 F. Supp. 2d 824 (2000) EUROMARKET DESIGNS, INC. d/b/a Crate & Barrel, Plaintiff, v. CRATE & BARREL LIMITED, Miriam Peters and Point Blank Multimedia, Defendants. No. 99 C 6926. United States District Court, N.D. Illinois, Eastern Division. May 16, 2000. *825 *826 *827 Bart Allen Lazar, Miles A. Zvi, Seyfarth, Shaw, Fairweather & Geraldson, Chicago, IL, George H. Gerstman, Daniel M....
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MEMORANDUM OPINION On May 21, 1999, judgment was entered on a jury verdict for damages returned on March 24, 1999, in favor of the Plaintiffs, Fathy M.A. Saleh and Godwin 0. Mbagwu, against Eddie N. Moore, Jr., the President of Virginia State University (“VSU”) since 1993; Martha E. Dawson, Provost and Vice-President for Academic Affairs at VSU; Lorenza W. Lyons, Dean of the School of Agr...
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89 F. Supp. 2d 1248 (2000) EBSCO INDUSTRIES, INC., et al., Plaintiffs, v. LMN ENTERPRISES, INC., et al., Defendant. No. CV-98-J-2825-S. United States District Court, N.D. Alabama, Southern Division. February 25, 2000. *1249 Robert J. Veal, Robert M. Jackson, Veal & Bush LLC, Birmingham, AL, for Plaintiffs. Will Hill Tankersley, Jr., Kimberly K. Till, Balch & Bingham LLP, Birmingham, AL, T...
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OPINION I. Introduction In 1999, Ronald and Denise Strong (the Strongs) filed an action against the United States seeking to compel the Internal Revenue Service to refund taxes erroneously paid. At a hearing held on February 22, 2000, I ruled that a letter dated July 20, 1993 was a valid letter of disallowance, which began the two year limitation period in which the Strongs had to file their ac...
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98 F.Supp.2d 812 (2000) Saunders V. DORSEY, a person qualified for protection under the ADA, Plaintiff, v. AMERICAN GOLF CORPORATION, et al., Defendants. No. 99-CV-75215-DT. United States District Court, E.D. Michigan, Southern Division. April 5, 2000. *813 Dorsey Saunders, Farmington Hills, MI, pro se. James P. Feeney, Lennox Emanuel, Feeney, Kellett, Bloomfield Hills, MI, for defendants. OPINI...
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MEMORANDUM OPINION This action is before the Court on Defendants’ objections to the February 25, 2000 Report and Recommendation of the United States Magistrate. In accordance with Hill v. Duriron Co., 656 F.2d 1208 (6th Cir.1981), and 28 U.S.C. § 686(b)(1)(B) & (C), this Court has made a de novo determination of the Magistrate’s findings to which the Defendants o...
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92 F. Supp. 2d 643 (2000) CSX TRANSPORTATION, INC., Plaintiff, v. CITY OF PLYMOUTH and Jennifer M. Granholm, Attorney General of the State of Michigan, Defendants. No. 98-73615. United States District Court, E.D. Michigan, Southern Division. April 12, 2000. *644 George Pappas, Vicki Margolis, Kevin B. Collins, Venable, Baetjer and Howard, LLP, Baltimore, MD, Jack O. Kalmink, Dirk H. Beckwith, Det...
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94 F.Supp.2d 928 (2000) PACIFIC TALL SHIPS COMPANY, Plaintiff, v. KUEHNE & NAGEL, INC., and Blue Anchor Line Division of Transpac Container System Ltd., Defendants. No. 98 C 2255. United States District Court, N.D. Illinois, Eastern Division. April 18, 2000. *929 Thomas Joseph O'Donnell, Glen Ellyn, IL, Jeanne E. Gettelman, Lemont, IL, for Pacific Tall Ships Co, plaintiff. Steven Brian Belgra...
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94 F.Supp.2d 942 (2000) Curtis POWELL, Plaintiff, v. CITY OF CHICAGO, Chicago Fire Department, Defendants. No. 99 C 5360. United States District Court, N.D. Illinois, Eastern Division. May 11, 2000. *943 Lester Lloyd Barclay, Crystal Laprie Roberts, Patrick D. John, Barclay & Dixon, P.C., Chicago, IL, for Curtis Powell. Nancy L. Van Allen, Mara Stacy Georges, Naomi Ann Avendano, Diane S. Cohe...
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ORDER ADOPTING AND AFFIRMING MAGISTRATE JUDGE’S RECOMMENDATION THIS MATTER comes before the Court in connection with Petitioner’s Motion to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody pursuant to 28 U.S.C. § 2255 filed April 22, 1997. On July 3,1997 the case was referred to Magistrate Judge Patricia A. Coan for a recommendation on the merits of the case. On N...
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96 F. Supp. 2d 58 (2000) Daisy Annette SANTIAGO, Plaintiff, v. Osvaldo Rios ALONSO, et al., Defendants. No. 97-2737 DRD. United States District Court, D. Puerto Rico. March 31, 2000. *59 *60 Frank D. Inserni-Milam, San Juan, PR, for plaintiff. Roberto O. Maldonado-Nieves, Esq. Franklin D. Roosevelt, San Juan, PR, for defendant. Desiree Laborde-Sanfiorenzo, U.S. Attorney's Office, Criminal Divisio...
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96 F. Supp. 2d 71 (2000) UNITED STATES of America, Plaintiff, v. TROPICAL FRUIT, S.E., et al., Defendants. No. 97-1442 DRD. United States District Court, D. Puerto Rico. March 31, 2000. *72 Cindy Gines-Sanchez, Mayaguez, PR, for Movant. German A. Gonzalez, San Juan, PR, Luis Sanchez-Betances, Sanchez Betances & Sifre, San Juan, PR, for Defendants. Isabel Munoz-Acosta, U.S. Attorney's Office D...
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98 F. Supp. 2d 160 (2000) UNITED STATES of America, Plaintiff, v. Tomas IRIZARRY, Defendant. No. 96-2263 DRD. United States District Court, D. Puerto Rico. March 31, 2000. *161 Edna C. Rosario-Munoz, U.S. Attorney's Office Dist. of P.R., Hato Rey, PR, for plaintiff. Patricio Martinez-Lorenzo, Hato Rey, PR, for defendant. OPINION AND ORDER DOMINGUEZ, District Judge. The United States of America b...
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DECISION AND ORDER INTRODUCTION On September 14,1999, petitioner Arami Guzman filed the instant motion, pursuant to 28 U.S.C. § 2255, pro se, seeking to set aside, vacate or correct his sentence. On November 1, 1999, the government filed an answer and memorandum of law opposing the § 2255 motion. On December 2, 1999, petitioner filed a reply memorandum. For the reasons stated, petitioner’...
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OPINION AND ORDER By Opinion and Order dated December 29,1999 (Docket No. 199), the Court determined that the Republic of Costa Rica and the Consulate of Costa Rica (hereinafter collective!y referred to as “Costa Rica”) could potentially be held liable in tort for having trespassed the Fagot’s property when they established a consular office therein without the Fagot’s prior consent and i...
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OPINION AND ORDER DISSOLVING PERMANENT INJUNCTION AND TERMINATING JURISDICTION I. INTRODUCTION Three decades ago, this Court determined that the Pontiac School District was responsible for de jure segregation in student assignments and staffing and ordered the District to completely integrate the entire school system. 1 To achieve maximum integration...
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ORDER On December 6, 1999, the Defendant/Counter-Plaintiff, the United States of America (“Government”), filed a motion in which it asked the Court to enter a partial summary judgment in its favor and against the PlaintifPCounter-Defendant, Walter W. Borland II. Thereafter, on February 11, 2000, Borland filed his response in which he stated his opposition to the Government’s requested...
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97 F. Supp. 2d 615 (2000) Ronald CHISOLM, Plaintiff, v. Patrick MANIMON, Jr., et al., Defendants. Civil Action No. 95-991(MLC). United States District Court, D. New Jersey. May 18, 2000. *616 *617 Clara R. Smit, East Brunswick, NJ, for Plaintiff. Alfred B. Vuocolo, Jr., Mercer County Counsel, Trenton, NJ, for Defendant Patrick McManimon, Jr. MEMORANDUM OPINION COOPER, District Judge. Ronald Chis...
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126 F. Supp. 2d 1038 (2000) Elbert L. HATCHETT, and Laurestine Hatchett, Plaintiffs, v. INTERNAL REVENUE SERVICE, and United States of America, Defendants. No. 94-CV-74708-DT. United States District Court, E.D. Michigan, Southern Division. March 31, 2000. *1039 *1040 Martin L. Fried, Robert N. Bassel, Goldstein, Bershad, Southfield, MI, for plaintiffs. Thomas R. Jones, U.S. Dept. of Justice, Tax ...
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*687 OPINION AND ORDER This matter is before the Court on Defendant’s Motion to Suppress. For the reasons outlined below, Defendant’s motion is DENIED. I. FACTUAL AND PROCEDURAL BACKGROUND On June 21, 1999, a Virginia State Trooper stopped defendant Kevin Gerard Plaskett (“Plaskett”) for driving a vehicle with a broken taillight. A search of Defendant’s vehicle and a secret compartment ...
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OPINION AND ORDER Background This is an action under Title VII for discrimination on account of sex due to pregnancy. Before the Court is defendants M & G Food Service, Inc. and Guy B. Gomez’s motion to dismiss or stay grounded on 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 (Docket #5). For the reasons set forth belo...
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OPINION OF THE COURT This is an appeal from a decision of the bankruptcy court denying an exemption claimed by debtor-appellant David Jurgen-sen. Appellant filed a voluntary petition for relief under Chapter 7 of the Bank *96 ruptcy Code on May 22, 1998. On November 2, 1998, appellant (who is less than 59]é years of age) filed an amended claim of exemptions seeking to exempt ...
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MEMORANDUM OPINION AND ORDER Plaintiffs Gregory Williams and Turana Williams have moved the court, pursuant to 28 U.S.C. § 1447(c) and (e), to remand this action to the Circuit Court of Scott County, Mississippi, on the basis of diversity jurisdiction since the citizenship of defendant Mason & Overstreet Welding and Machine Works, Inc. (Mason & Overstreet), which plaintiffs added as a party via...
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96 F. Supp. 2d 1094 (2000) The ST. PAUL COMPANIES, formerly United States Fidelity & Guaranty, Plaintiff, v. CONSTRUCTION MANAGEMENT COMPANY, LTD., Fullerton Management Group, Nick Fullerton, Nick Fullerton Architects, P.C., and Glen D. Kellogg d/b/a Kellogg Electric, Defendants. No. CV-98-96-BU-PGH. United States District Court, D. Montana, Butte Division. May 5, 2000. *1095 Stephen M. Barre...
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96 F. Supp. 2d 552 (2000) Willie BRYANT, Plaintiff, v. UNITED STATES of America, Defendant. No. 4:00CV35-D-A. United States District Court, N.D. Mississippi, Greenville Division. April 19, 2000. James H. Walker, James H. Walker, Attorney, Cleveland, OH, for Willie Bryant, plaintiff. Charles S. Tindall, III, Lake Tindall, LLP, Greenville, MS, Roy A. Smith, Jr., Daniel. Coker, Horton & Bell, Ja...
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98 F. Supp. 2d 171 (2000) Stuart RAMOS-BIAGGI, Plaintiff, v. Fred H. MARTINEZ, et al., Defendants. Nos. CIV.98-1571(HL), 98CV1571. United States District Court, D. Puerto Rico. April 7, 2000. *172 Judith Berkan, Rio Piedras, PR, Federico Lora-Lopez, San Juan, PR, for Stuart Ramos-Biaggi, Dr., plaintiff. Ruben T. Nigaglioni, McConnell Valdes, San Juan, PR, Joseph D. Steinfield, David S. Friedman, ...
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MEMORANDUM AND ORDER I. Procedural Background On November 9,1995, plaintiff filed a class action on behalf of himself and similarly situated members pursuant to Federal Rules of Civil Procedure 23(a) and 23(b)(3). Plaintiff asserted jurisdiction based on diversity of citizenship pursuant to 28 U.S.C. § 1332. Plaintiffs substantive claims at the time of filing included negligent misrepresentatio...
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96 F. Supp. 2d 738 (2000) James SHACKELFORD, Plaintiff, v. CONTINENTAL CASUALTY COMPANY, a/k/a CNA Insurance Companies and Baxter International, Inc., Defendants. No. 99-2769-TU-(D)/V. United States District Court, W.D. Tennessee, Western Division. May 12, 2000. *739 Bruce D. Brooke, Neely Green Fargarson Brooke & Summers, Memphis, TN, for James Shackelford, plaintiff. Eugene J. Podesta, Jr.,...
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MEMORANDUM OPINION AND ORDER Pending are the parties’ cross-motions for summary judgment. After Defendants 1 filed their motion for summary judgment, Plaintiff responded and also moved for summary judgment. For reasons discussed below, both Plaintiffs and Defendants’ motions are DENIED. I. FACTUAL AND PROCEDURAL HISTORY This action was originally filed with class allegations in 1996. In...
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96 F. Supp. 2d 534 (2000) Teresa A. TOLER, and Roy Toler, Sr., Plaintiffs, v. STATE FARM MUTUAL INSURANCE COMPANY, Defendant. No. Civ.A. 2:99-1018. United States District Court, S.D. West Virginia, Charleston Division. May 10, 2000. *535 John H. Bicknell, Menis E. Ketchum, Greene, Ketchum, Bailey & Tweel, Huntington, WV, for plaintiff. Carl L. Fletcher, Jr., Charles S. Piccirillo, Shaffer &am...
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96 F. Supp. 2d 139 (2000) SBA COMMUNICATIONS, INC., Plaintiff, v. ZONING COMMISSION OF TOWN OF BROOKFIELD, Defendant. No. 3:00 CV 0006 GLG. United States District Court, D. Connecticut. May 1, 2000. *140 John W. Knuff, Hurwitz & Sagarin, Milford, CT, for SBA Communications, Inc. Thomas R. Gerarde, Bruce J. Gelston, Howd & Ludorf, Hartford, CT, Thomas A. Rouse, Brain C. Roche, Pullman &...
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MEMORANDUM DECISION Defendants move for judgment on the pleadings. 1 A similar motion was filed in 1998 and was granted by this Court. The plaintiff appealed. The judgment was vacated on the ground that the plaintiff proceeding pro se was “not given notice of the nature of summary judgment and the consequences of failing to respond to the motion for summary judgm...
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MEMORANDUM AND ORDER This Court now addresses the motions in the above cause of action. The plaintiff, Dennis Daniels, has filed an Amended Complaint alleging violations of 42 U.S.C. § 1981and 42 U.S.C. § 2000e, as amended by the Civil Rights Act of 1991. Plaintiff has filed a Motion for Class Certification (doc. #39). The defendant, Federal Reserve Bank of Chicago (“Bank”), has filed a Motion to...
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Memorandum and Order Defendant, North Shore Orthopedic Surgery & Sports Medicine, P.C. (North Shore), moves pursuant to Rule 50 2 of the *200 Federal Rules of Civil Procedure (FRCP) for judgment as a matter of law in favor of defendant for the two causes of action sounding in retaliation in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-3...
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94 F.Supp.2d 1150 (2000) AMERICAN WILDLANDS, Pacific Rivers Council, Montana Environmental Information Center, and Northern Plains Resource Council, Inc., Plaintiffs, v. Carol BROWNER, in her official capacity as the Administrator of the U.S. Environmental Protection Agency, Bill Yellowtail, in his official capacity as the Regional Administrator of the U.S. Environmental Protection Agency, Region...
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MEMORANDUM OPINION AND ORDER This cause is before the court on the motion of defendants W. Thad McLaurin, Charles C. Taylor, Jr. and Arthur W. Doty for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. Plaintiff United States of America has responded in opposition to defendants’ motion and the court, having considered the parties’ memoranda of authorities, together...
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94 F. Supp. 2d 755 (2000) Mack PRESLEY, Plaintiff, v. JACKSON MUNICIPAL AIRPORT AUTHORITY and Mississippi Military Department, Defendants. No. CIV.A.3:99CV508LN. United States District Court, S.D. Mississippi, Jackson Division. March 30, 2000. *756 Gary K. Silberman, Kathryn N. Nester, Jackson, MS, for Plaintiff. Alan L. Moore, McGlinchey Stafford, Todd Inman Woods, Adams and Reese, Emerson Barne...
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MEMORANDUM OPINION AND ORDER This cause is before the court on the motion of plaintiffs Earl Keyes and the Earl Keyes Irrevocable Trust pursuant to Federal Rule of Civil Procedure 23 for class certification. Defendant The Guardian Life Insurance Company of America (Guardian) has responded in opposition to the motion and the court, having considered the memoranda of authorities, together with at...
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MEMORANDUM OPINION AND ORDER Ecrix Corporation’s (“Ecrix”) original complaint requested a declaratory judgment that it was not infringing any of Exabyte Corporation’s (“Exabyte”) patents. Ecrix manufactures hehcal-scan drives for recording computer data. 1 Exa-byte has at least seven patents on methods of recording and reading helically-recorded data. Ecrix filed an amended com...
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RULING ON DEFENDANTS’ MOTIONS FOR SUMMARY JUDGMENT Raymond Valentin brought this lawsuit against officials of the Connecticut Department of Corrections to challenge the conditions under which he was confined while awaiting trial on federal and state charges in 1994-1995. Valentin, a former correctional officer and' state trooper, recently completed a 63 month federal sentence for drug...
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98 F. Supp. 2d 939 (2000) INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 3858, a/k/a Germantown Firefighters Association, Plaintiff, v. THE CITY OF GERMANTOWN, Sharon Goldsworthy, individually, and in her official capacity as Mayor, and Patrick Lawton, individually, and in his official capacity as City Administrator, Defendants. No. 99-2289 DA. United States District Court, W.D. Tennessee, Weste...
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*1042OPINION AND ORDER This is a civil action for monetary, declarative and injunctive relief brought pursuant to the Sherman Act, 15 U.S.C. § 1, and R.I.Gen.Laws § 6-36-4. Plaintiff Ocean View Capital, Inc. contends that defendants Sumitomo Corporation of America, Sumitomo Corporation, Sumito-mo Futures Corporation, Yasuo Hamana-ka, Global Minerals and Metals Corporation, David Campbell and Cred...
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94 F. Supp. 2d 1034 (2000) Frankie Leigh LEYEN, Plaintiff, v. WELLMARK, INC. d/b/a Wellmark Blue Cross and Blue Shield of Iowa, Defendant. No. 4-98-CV-90648. United States District Court, S.D. Iowa, Central Division. April 18, 2000. *1035 Brian L. Wirt, Des Moines, IA, for Plaintiff. David M. Swinton, Elizabeth G. Kennedy, Des Moines, IA, for Defendant. ORDER PRATT, District Judge. Before the Co...
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MEMORANDUM DECISION AND ORDER This matter is before the court on Defendant Utah State Tax Commission’s (the *1273 “Commission”) Motion for Summary Judgment. A hearing on that motion was held on April 11, 2000. At the hearing, Plaintiff Glenda A. Davis (“Davis”) was represented by Kathryn Collard, and The Commission was represented by Grant M. Sumsion. Before the hearing, the ...
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MEMORANDUM AND ORDER Affiliated FM Insurance Company (“Affiliated”) filed this subrogation suit on behalf of its insured, Parsons Railway Shops, Inc. (“Parsons Railway”), against Neosho Construction Company, Inc. (“Neosho”). In the suit, Affiliated alleged that Neosho employees were negligent in starting a fire at the Parsons Railway premises. On November 15, 1999, a jury found that the employe...
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MEMORANDUM AND ORDER This matter is before the Court on defendants’ Motion For Summary Judgment (Doc. # 38) filed April 26, 1999 and Plaintiff’s Motion To File First Amended Complaint And Suggestions in Support Thereof (Doc. # 104) filed March 15, 2000. *1180 After carefully considering the parties’ briefs, the Court is prepared to rule. For reasons ...
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94 F. Supp. 2d 1016 (2000) Timothy TRAYNOR and Luann Traynor, Plaintiffs, v. Richard O'NEIL, General Casualty Co. of Wisconsin, and Thomas & Betts Corporation, Defendants. No. 99-C-0773-C. United States District Court, W.D. Wisconsin. March 7, 2000. *1017 Ardell W. Skow, Doar, Drill & Skow, Office Park, Baldwin, WI, for Timothy Traynor and Luann Traynor. Edmund Manydeeds, III, Eau Claire,...
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94 F.Supp.2d 251 (2000) Jane SEDOTTO, Plaintiff, v. BORG-WARNER PROTECTIVE SERVICES CORPORATION d/b/a Burns International Security Services, Defendant. No. 3:98CV1672 GLG. United States District Court, D. Connecticut. May 8, 2000. *252 *253 *254 Margaret J. Slez, Anthony F. Slez, Jr., Carron & Fink, Westport, CT, for Plaintiff. OPINION GOETTEL, District Judge. Plaintiff, Jane Sedotto, has br...
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96 F. Supp. 2d 142 (2000) George HAJJAR, Plaintiff, v. Judith C. DAYNER, Defendant. No. 3:97 CV 466 GLG. United States District Court, D. Connecticut. May 3, 2000. *143 John R. Williams, Williams & Pattis, New Haven, CT, for George J. Hajjar. Kathryn A. Mobley, Attorney General's Office, Transp., Contract Lit. & Condemnation, Hartford, CT, Susan T. Pearlman, Attorney General's Office, Chi...
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98 F. Supp. 2d 933 (2000) Melba Louise Middleton SPARKS, Plaintiff, v. ALLSTATE INSURANCE COMPANY, Defendant. No. 98-3026-V. United States District Court, W.D. Tennessee, Western Division. May 1, 2000. *934 Bradley J. Cordts, Seymour S. Rosenberg, Memphis, TN, for Plaintiff. David M. Waldrop, Nathan W. Kellum, Memphis, TN, for Defendant. ORDER DENYING DEFENDANT'S MOTION TO DISMISS PLAINTIFF'S CL...
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MEMORANDUM OPINION This antitrust, tortious interference with contract and defamation case arising from a lease dispute was transferred here from the United States District Court for the District of Columbia. It raises the question whether a Rule 41(a)(2) non-prejudicial dismissal may *242be granted on condition that should plaintiff refile its claim, it may do so only in a Virginia state or fede...
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*385 MEMORANDUM AND ORDER Presently before the Court is a motion by the Plaintiffs, Denise Seibel, Deborah Aikman, Kim Blaney and Anne Marie Harrison (the “Plaintiffs”) for additional attorney’s fees. The motion arises out of the Plaintiffs’ sexual harassment law suit against the Defendant, Richard Gerald Paolino (“Paolino”), filed in this Court pursuant to Title VII of the C...
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98 F.Supp.2d 643 (2000) UNITED STATES of America, v. Ryan ANDERSON, Defendant. Criminal Action No. 99-489-1. United States District Court, E.D. Pennsylvania. May 19, 2000. David E. Troyer, U.S. Attorney's Office, Philadelphia, PA, for U.S. Sara M. Webster, Doylestown, PA, for Defendant. MEMORANDUM & ORDER KATZ, Senior District Judge. Before the court is defendant's motion for a downward depa...
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89 F. Supp. 2d 220 (2000) Ana ZGOMBIC a/k/a Ana Reynolds A30 211 823, Petitioner, v. Steven J. FARQUHARSON, et al., Respondents. No. CIV.A.3:99 CV 2571(SRU) DW. United States District Court, D. Connecticut. March 22, 2000. *221 Jonathan E. Avirom, Protima Daryanani, Avirom & Associates, LLP, New York City, for Petitioner. Deborah Slater, U.S. Attorney's Office, Hartford, CT, Hugh Mullane, U.S...
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MEMORANDUM This memorandum is based upon the transcript of the decision rendered orally on January 21, 2000, allowing defendant Boubacar Diabate’s motion to dismiss without prejudice. This memorandum adds citations, deletes some colloquy, and clarifies some language. For reasons that I will describe orally, this case is hereby dismissed without prejudice. My preference would hav...
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106 F.Supp.2d 895 (2000) AMERICAN EYEWEAR, INC., Plaintiff, v. PEEPER'S SUNGLASSES AND ACCESSORIES, INC., et al., Defendants. No. CIV. A. 3:99CV1657-D. United States District Court, N.D. Texas, Dallas Division. May 16, 2000. *896 Peter S. Vogel(argued), Scott L. Davis, Kay L. Schwartz, Eric S. Levy, Gardere & Wynne, L.L.P., Dallas, TX, Elisabeth A. Evert, Sidley & Austin, Dallas, TX, for ...
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ORDER RULING ON CROSS-MOTIONS FOR SUMMARY JUDGMENT The following motions are currently before the Court for its consideration: (1) Plaintiff Idaho Mining Association’s Motion for Summary Judgment (Docket # 16), filed March 19,1999; and (2) Defendants’ Motion for Summary Judgment (Docket #27), filed May 10, 1999. On September 1, 1999, the Court conducted a hearing on the pending motions wi...
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MEMORANDUM ORDER Pursuant to Fed.R.Civ.P. 60(b), defendant moves for vacatur of the judgment entered by the Court in this action on August 17, 1999, and amended on November 8, 1999. Plaintiffs join defendant in this motion, submitted to the Court on May 12, 2000.1 For the reasons stated below, the parties’ motion is denied. BACKGROUND Following a bench trial of this matter, the Court issued its...
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OPINION The defendant Atlas Turner, Inc. (“Atlas Turner”) has moved pursuant to Rules 50 and 59, Fed.R.Civ.P., to set aside the verdict rendered against it or for a new trial. Plaintiff Linda Hamilton, individually and as executrix of the estate of George Hamilton (“Hamilton”) seeks certain discovery and the entry of judgment. For the reasons set forth below, the motion of Atlas Turne...
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MEMORANDUM ORDER Plaintiff commenced this employment discrimination suit in 1991, pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq., and the Civil Rights Act of 1866, 42 U.S.C. §§ 1981 & 1983. Now before the Court is defendants’ motion for summary judgment dismissing plaintiffs case, citing her failure to list this cause of action as an asset...
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MEMORANDUM-DECISION and ORDER I. INTRODUCTION The plaintiffs, Steven Halse and Melissa Halse, filed their complaint on September 24, 1998. They originally sought compensatory damages, punitive damages, injunc-tive relief, costs, and attorney’s fees pursuant to 42 U.S.C. § 1983, the provisions of the Clean Water Act, 33 U.S.C. §§ 1251 et. seq., and N.Y. Envtl. Conserv. Law §§ 17-0301 et. seq...
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MEMORANDUM AND ORDER For almost forty years, Sanford Pollack maintained an active labor law practice with clients throughout the United States. In 1997, he was convicted before this court after pleading guilty to arson, 18 U.S.C. § 844®, two counts of conspiracy to receive kickbacks, 18 U.S.C. § 371, and mail fraud, 18 U.S.C. § 1341. See United States v. Pollack, 96 CR 377(RR). On April 18,...
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MEMORANDUM OPINION At the hearing held on May 16, 2000, pursuant to the Orders of April 5, April 18, April 24, and May 8, the Court heard testimony from Kenneth Lynch, Esq. (“Lynch”) and Ira Sorkin, Esq. (“Sorkin”) concerning (1) whether Lynch represented defendant Richard Blech (“Blech”) in Blech’s personal capacity, and (2) whether Blech authorized Sorkin to make certain statements ...
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*322 MEMORANDUM and ORDER Plaintiffs Rudolph Clarke and Edwin Velez bring this action against their former employer, UFI, Inc., and Thomas Lewis, one of their supervisors, alleging that they were subjected to workplace sexual harassment and to retaliatory discharge, in violation of Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e et seq., and the New York Exec...
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OPINION AND ORDER Plaintiffs Bruce and Celeste Gebhardt bring the instant action against defendant Allspect, Inc. alleging that defendant improperly performed an inspection of their home. Plaintiffs claim that .they purchased the home in reliance on defendant’s inspection and suffered damages as a result. Defendant now moves to dismiss the complaint pursuant to Fed.R.Civ.P. 12(b)(6), ...
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MEMORANDUM-DECISION & ORDER Defendants presently move to dismiss the instant complaint for lack of personal jurisdiction and insufficiency of process pursuant to Fed.R.Civ.P. 12(b)(2), (4), respectively, or, in the alternative, for an enlargement of time to serve and file an answer pursuant to Fed. R.Civ.P. 6(b). See Notice of Motion (Docket No. 22). I. Background On April 1, 1999, Plaintiff Doug...
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*269 MEMORANDUM-DECISION & ORDER Plaintiffs commenced the instant action against Defendant Dexelectrics, Inc. pursuant to the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001 et seq. to collect delinquent fringe benefit contributions, deductions, interest, liquidated damages, costs and disbursements, and attorneys’ fees. Specifically, Plaintiffs move p...
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ORDER GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT THIS CAUSE came before the Court upon Defendants Boston American Financial Group, Inc. and Credit Suisse First Boston Mortgage Capital, LLC’s (collectively, “the Boston defendants”) motion for summary judgment (D.E.# 61). 1 For the reasons stated below, the Court grants the defendants’ motion. PROCEDURAL BACKGROU...
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96 F. Supp. 2d 1359 (2000) Jaswant S. PANNU and Jaswant S. Pannu, M.D., P.A., Plaintiffs, v. IOLAB CORPORATION, Defendant. No. 93-6076-CIV-FERGUSON. United States District Court, S.D. Florida. January 31, 2000. *1360 *1361 Robert J. Vander Wall, Stein Pendorf & Van Der Wall, Miami, FL, for Jaswant S. Pannu, plaintiffs. Eric Christu, Elk Bankier Palmer & Christu, Boca Raton, Florida, Harry...
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98 F. Supp. 2d 560 (2000) CADAPULT GRAPHIC SYSTEMS, INC., Plaintiff, v. TEKTRONIX, INC., Defendant. No. Civ.A.99-3779(AMW). United States District Court, D. New Jersey. May 18, 2000. *561 Joseph J. Fleishman, Norris, McLaughlin & Marcus, A Professional Corporation, Somerville, NJ, for plaintiff. H. John Schank, II, Amy E. Robinson, Gibbons, Del Deo, Dolan, Griffinger & Vecchione, A Profes...
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ORDER ON DEFENDANT’S POST TRIAL MOTIONS THIS CAUSE is before the Court upon Defendant’s post trial motions. For the reasons that follow, the Court: (1) denies Defendant’s renewed motion for judgment as a matter of law; (2) denies Defendant’s motion for a new trial with respect to liability; and (3) denies Defendant’s motion for a new trial with respect to damages, subject to Plaintiff...
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98 F.Supp.2d 968 (2000) Clarence JOHNS, Plaintiff, v. THE VILLAGE OF SAUK VILLAGE d/b/a the Sauk Village Police Dept., Defendants. No. 98 C 4902. United States District Court, N.D. Illinois, Eastern Division. May 17, 2000. *969 Edward Clancy, Winston & Strawn, Chicago, IL, Andrew W. Levenfeld, Andrew W. Levenfeld & Assoc., Chicago, IL, for Plaintiff. Thomas G. DiCianni, Ancel, Glink, Diam...
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ORDER DENYING PLAINTIFFS’ APPLICATION FOR STAY OF ADMINISTRATIVE ACTION Hani and Khawla Ilaian (“Plaintiffs”) are the owners of Near East Foods, a market that specializes in “halal” food and caters to a large number of food stamp recipients. The Food and Nutrition Service (“FNS”) disqualified Plaintiffs (revoked their right to accept food stamps from recipients) because it found that Plaintiffs...
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ORDER I. Introduction Before the Court is Plaintiff Richard D. Rosenblatt’s (“Plaintiff’ or “Rosenblatt”) Motion For Remand Concerning the Second Amended Complaint. II. Background A. Procedural Background On January 12, 1999, Plaintiff filed his initial complaint in this action in the Superior Court of California, County of San Diego, North County Branch, naming as def...
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DECISION AFTER TRIAL After a trial on the merits, held April 24-May 2, 2000, the Court makes the following Findings of Fact and Conclusions of Law. FINDINGS OF FACT I. The Parties A. Plaintiff, the Federal Trade Commission, is an independent agency of the United States Government created by statute. 15 U.S.C. §§ 41 et seq. The Commission enforces Section 5(a) of ...
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98 F.Supp.2d 904 (2000) AGA GAS INCORPORATED, Plaintiff, v. MANUFACTURERS AND TRADERS TRUST COMPANY, et al., Defendant-Counterclaimants, v. Monica Zeman, Counterclaim Defendant. No. 1:99-CV-3043. United States District Court, N.D. Ohio, Eastern Division. May 19, 2000. *905 Edward Kancler, Benesch, Friedlander, Coplan & Aronoff, Robert C Psaropoulos, Benesch, Friedlander, Coplan & Arnold, ...
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MEMORANDUM Pro se Petitioner John Ryan brings these habeas corpus actions under 28 U.S.C. § 2255 to vacate concurrent criminal sentences. He is presently serving a 210 month prison term for bank robbery, kidnapping and firearm possession offenses, to which he pled guilty in 1992. In his § 2255 motions, Petitioner attacks these sentences, arguing that we separately adopted an incorrect sentenc...
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ORDER The Court has before it defendant’s motion for an order to show cause why the government should not be held in contempt for violating Rule 6(e) of the Federal Rules of Criminal Procedure and the government’s response. Defendant argues that the government attorneys should be held in contempt for intentionally violating Rule 6(e) by attaching transcripts of the grand jury testimony of Y...
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98 F. Supp. 2d 646 (2000) Zulay RENDON, Individually and as parent and natural guardian of Karina Garcia, a minor v. UNITED STATES of America et al. Civil Action No. 99-5912. United States District Court, E.D. Pennsylvania. May 22, 2000. John J. Speicher, Rhoda, Stoudt, Bradley, Reading, PA, for Zulay Rendon. James G. Sheehan, Annetta Foster Givhan, U.S. Attorney's Office, Philadelphia, PA, for P...
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101 F. Supp. 2d 292 (2000) Mark GREENWOOD and Mary Kay Greenwood, h/w, Plaintiffs, v. BUSCH ENTERTAINMENT CORPORATION, d/b/a Sesame Place, Surf Coaster Corporation, Waterworld Products, Inc., Fred Langford Enterprises, Inc., and Fred Langford, Defendants. Civil Action No. 99-CV-4321. United States District Court, E.D. Pennsylvania. May 18, 2000. Marcella J. Schell, David Felderman, McEldrew &...
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MEMORANDUM AND ORDER Prior to all of the present motions before this Court, there were not one but two jury trials, both resulting in verdicts for the plaintiff herein Thomas Jocks. The first was a criminal case, in October of 1995, against Jocks brought by Nassau County for an alleged assault on the defendant Police Officer Augusto Tavernier herein and an alleged criminal possession of a...
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MEMORANDUM OPINION Plaintiff Myron Schuster is a collector of antique automobiles. He contends that defendant dealer, Dragone Classic Motor Cars (“Dragone Classic”), and its two principals, defendants Emanuel Dragone (“Emanuel”) and George Dragone, defrauded him in two separate transactions-the first, an alleged loan of $2,125,000, and the second, the purchase of a 1939 Bugatti Type 57. H...
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MEMORANDUM OPINION This is an action by major motion picture studios, including Time Warner Entertainment Company L.P. (“Time Warner”), pursuant to the Digital Millenium Copyright Act 1 to enjoin defendants from posting on Internet web sites a computer program called DeCSS, which allegedly defeats an encryption system used by plaintiffs on digital versatile disks (DVDs) contain...
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89 F. Supp. 2d 763 (2000) UNITED STATES of America, Plaintiff, v. Clifton Maurice BRADLEY, Defendant. No. CRIM. 3:99-CR-28. United States District Court, N.D. West Virginia, Martinsburg Division. February 14, 2000. Thomas O. Mucklow, AUSA, U.S. Atty., Martinsburg, WV, for U.S. Keith L. Wheaton, Martinsburg, WV, Mark Jenkinson, Douglas & Jenkinson, Martinsburg, WV, for Clifton Maurice Bradley....
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OPINION AND ORDER Before the Court is a pro se petition for postconviction relief under 28 U.S.C. § 2255 filed by Humberto Prada-Cordero (“Prada”). The indictment in his criminal case had two counts. The first count *80 charged him with conspiring to possess cocaine with intent to distribute, in violation of 21 U.S.C. §§ 841(a)(1) and 846. The second count charged ...
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98 F.Supp.2d 757 (2000) Russell A. JARMAN, individually and on behalf of all others similarly situated, Plaintiffs, v. UNITED INDUSTRIES CORP., UIC Holdings, LLC; Thomas H. Lee Equity Fund IV, LP; Thomas H. Lee Equity Advisors, IV, LLC; Thomas H. Lee Capital, LLC; Thomas H. Lee Company; David C. Pratt; Richard A. Bender; William P. Johnson; and Daniel J. Johnston, Defendants. No. Civ.A.4:99CV40LN...
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ORDER This case arises out of a dispute over whether the National Park Service should construct a southwest entrance station at Grand Teton National Park. Petitioners, an environmental organization and an individual, challenge the National Park Service’s decision to construct the entrance station, primarily based on perceived deficiencies in the Environmental Assessment prepared as pa...
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*510 MEMORANDUM Now before the Court are cross-motions for Summary Judgment. Because of the complexity of the facts, a brief summary is in order. Plaintiff, Brian Froelich, is a former Chief Executive Officer (CEO) and director of Defendant Senior Campus Living, LLC (SCL). SCL was created in 1996 as a vehicle for Froelich and other employees of Senior Campus Living, Inc....
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DECISION AND ORDER C.P. Apparel Manufacturing Corpora *273 tion (“Plaintiff’) 1 filed this action on about November 21, 1997, against Microfibres, Inc. -(“Microfibres-U.S.”) and Microfibres Europe, N.Y. (“Mierofibres-Europe”)(col-lectively, the “Defendants”) 2 seeking approximately $81 million in damages from Defendants for, among other things, alleged breach of contract. Defendants, in...
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OPINION AND ORDER Plaintiffs Aerotel, Ltd. and Aerotel U.S.A., Inc. (collectively “Aerotel”) have sued RSL Communications, Ltd. (“RSL Ltd.”), Deltathree.com, Inc., and RSL Com Primecall, Inc. (“Primecall”) (collectively “RSL”) for infringing its U.S. Patent Number 4,706,275 (the “275 Patent”) through the use of certain prepaid calling card equipment and software (the “NACT System”) pu...
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101 F. Supp. 2d 177 (2000) KHREATIVITY UNLIMITED, a Corporation, individually and on behalf of the Khreativity/Kidzart joint venture, Plaintiff, v. MATTEL, INC., a Delaware corporation, Defendant. No. 99 CIV. 9321 SAS. United States District Court, S.D. New York. May 23, 2000. *178 Barry I. Fredericks, Howard M. Nashel, Joel M. Ellis, Jason R. Mischel, Nashel Kates Nussman Rapone Ellis & Trau...
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ORDER I. BACKGROUND After a non-jury trial on January 26, 27 and 28, February 12 and 19, AP1^ 9 and 30, and September 17, 1999, the Court, on March 3, 2000, held that “[t]he provisions of the applicable ERISA statute, 29 U.S.C. §§ 1103(c)(1) and 1104(a)(1)(A) require the defendants to return to Head Start the sum of $497,736, the .portion of surplus reserves segregated for and attributable to t...
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MEMORANDUM OPINION ON CERCLA CLAIMS THIS CAUSE is before the court upon the parties’ respective claims under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”), 42 U.S.C. §§ 9601-75. The parties joined their CERCLA claims with several state law claims based on the same facts; the state law claims were heard by a jury while the CERCLA claims were submi...
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MEMORANDUM OPINION On February 22, 2000, plaintiffs moved this court to (a) compel the deposition of Captains Fraser and Roberts of the Judge Advocate General’s (“JAG”) Corps for the United States Air Force; (b) compel production of all documents and things contained within the government’s Administrative Claim File pertaining to the care and treatment rendered to plaintiff, Paek Morales Smith,...
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MEMORANDUM OPINION AND ORDER This matter is before the court upon the defendants’ motion for summary judgment [Record No. 35] and the plaintiffs’ motion to strike affidavits- of William Redwine and Paul R. Lees-Haley, Ph.D. from the record [Record No. 40], I. FACTUAL BACKGROUND AND PROCEDURAL HISTORY Kaye Blanton, Lisa Tolliver as executrix of the Estate of Roger Allen Blant...
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MEMORANDUM OPINION AND ORDER This matter is before the Court on Motion for Summary Judgment filed, on behalf of the Defendants. The Court having reviewed,- the motion, the response, the *560 briefs of counsel, the authorities cited, the pleadings and exhibits on file, and being otherwise fully advised in the premises, finds that the motion is well taken and should be gran...
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107 F. Supp. 2d 57 (2000) UNITED STATES of America, Plaintiff, v. Richard LABOMBARD, Defendant. No. CIV.A. 99-40019-NMG. United States District Court, D. Massachusetts. March 31, 2000. *58 Henry J. Riordan, U.S. Dept. of Justice, Tax Div., Washington, DC, Susan M. Poswistillo, U.S. Attorney's Office, Boston, MA, for US. Richard LaBombard, Leominister, MA, pro se. MEMORANDUM AND ORDER GORTON, Dis...
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FINDINGS, OPINION & ORDER This matter was heard on May 8, 2000, on Defendant’s Motion to Enforce Settlement (Docket #21), which was filed on April 10. At the hearing, each counsel made factual statements, which were materially consistent, and they invited the Court to make findings based thereon. Plaintiff, herself, testified briefly. Her testimony was not totally consistent with ...
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MEMORANDUM OPINION I.INTRODUCTION This cause is before the court on an Objection to the Magistrate Judge’s Recommendation Denying Motion to Dismiss Indictment for Failure to Establish a Violation of the Charged Offense, filed by the Defendant Branch Kloess (“Kloess”) on May 15, 2000. The Magistrate Judge has recommended that the Defendant’s Motion to Dismiss the Indictment be denied. Fo...
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MEMORANDUM I. Introduction. Hilario Gerardo Cuesta Martinez, a de-portable alien, has filed a pro se petition for a writ of habeas corpus under 28 U.S.C. § 2241. The petitioner contends that his prolonged detention in INS custody awaiting deportation while the INS finds a country that will accept him vio- ' lates his right to procedural and substantive due process under t...
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ORDER DENYING DEFENDANT/THIRD-PARTY PLAINTIFF INTEROCEAN UGLAND MANAGEMENT’S MOTION TO SUBSTITUTE IN AS PARTY PLAINTIFF AGAINST ATLANTIC CORDAGE CORPORATION Plaintiff Terrence Boney filed suit against Defendant Interocean Ugland Management Corporation (“IUM”) for negligence and unseaworthiness under the Jones Act and general maritime law. Boney sought to recover for injuries he suffer...
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OPINION Before the Court are (1) plaintiffs motion for summary judgment on all counterclaims, (2) defendants’ motion to extend time in which the parties may serve expert reports, (3) defendants’ motion for leave to file a discovery request out-of-time, and (4) defendants’ motion to extend the time in which defendants may oppose plaintiffs motion for summary judgment on all counterclai...
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ORDER On February 12, 1998, the United States Equal Employment Opportunity Commission (“EEOC”) filed a complaint against Defendant Bridgestone/Firestone, Inc. (“Firestone”). The complaint alleges that Firestone discriminated against employees Jimmy Waddell and David Frazier on the basis of their religion in violation of Title VII. 42 U.S.C. § 2000e et seq. Both parties have...
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OPINION OF THE COURT ON THE SPRAGINS PLAINTIFFS’ MOTION FOR CLASS CERTIFICATION Plaintiffs in this multi-district case are purchasers of or persons beneficially interested in life' insurance policies underwritten and sold by defendant Jackson National Life Insurance Company (“Jackson National”). Plaintiffs allege they suffered loss due to Jackson National’s representations. Among the actions tran...
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ORDER GRANTING PLAINTIFF LEAVE TO AMEND COMPLAINT Plaintiff Safeway previously moved for leave to amend its Complaint to include a claim for conspiracy to breach an employee’s fiduciary duty. In an Order dated February 29, 2000 the Court denied Plaintiffs Motion For Leave to Amend The Complaint. Now before the Court is Plaintiffs Motion For Reconsideration, seeking to have the Court r...
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ORDER Pending before the Court is Defendants’ Motion to Dismiss (Instrument No. 12). *776Having considered the submissions of the party and the applicable law, the Court finds that Defendants’ motion should be DENIED. I. Plaintiff Entertainment by J & J, Inc. (“EJJ”) brings this action against Defendants Tia Maria Mexican Restaurant and Cantina, Inc. d/b/a/ Tia Maria’s Mexican Restaurant and Pe...
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MEMORANDUM AND ORDER ON DEFENDANT’S MOTION FOR SUMMARY JUDGMENT (# 16) I. Introduction On June 22, 1998, the plaintiff Burtman Iron Works, Inc. (hereinafter “Burtman”), a Massachusetts corporation, filed a two-count complaint in the Boston Municipal Court against defendant Con-Way Transportation Services, Inc. (hereinafter. “Con-Way”), a foreign corporation. Approximately thr...
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Opinion I. Pending for decision before this court are the following motions: (1) Government’s Application for Defendant’s Drug Treatment Records (Docket No. 13, filed February 25, 2000). Defendant has filed an Opposition (Docket No. 21, filed March 8, 2000). (2) Defendant’s Motion to Strike Evidence (Docket No. 41, filed April 26, 2000). The government has filed an Oppositi...
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98 F. Supp. 2d 74 (2000) MICROSYSTEMS SOFTWARE, INC., a Massachusetts corporation, and Mattel, Inc., a Delaware corporation, Plaintiffs, v. SCANDINAVIA ONLINE AB, a Swedish corporation; Islandnet.Com, a Canadian corporation; Eddy L.O. Jansson, a Swedish citizen; and Matthew Skala, a Canadian citizen, Defendants. No. Civ.A.00-10488-EFH. United States District Court, D. Massachusetts. March 28, 200...
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MEMORANDUM OPINION AND ORDER ON CROSS-MOTIONS FOR SUMMARY JUDGMENT This is a class-action lawsuit brought by former employees of defendant NCR Corporation (“NCR”) under the Employee Retirement Income Security Act of 1974 (codified as amended at 29 U.S.C. §§ 1001-1461 (1994 & Supp. 111.1997) and in scattered sections of Title 26 U.S.C.) (“ERISA”), to restore retirement benefits under an ea...
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97 F. Supp. 2d 771 (2000) Curtis L. ADDISON, Jr. d/b/a Addison Auto Body Repair, Plaintiff, v. ALLSTATE INSURANCE COMPANY, an Illinois Corporation, Defendant. No. Civ.A. 3:99CV150LN. United States District Court, S.D. Mississippi, Jackson Division. March 20, 2000. *772 Bob Owens, Rajita M. Iyler, Owens Law Firm, Jackson, MS, Barry H. Powell, Attorney, Jackson, MS, for plaintiff. William C. Griffi...
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94 F.Supp.2d 1024 (2000) Floyd WOOD, Plaintiff, v. Donna E. SHALALA, Secretary, Department of Health and Social Services, Defendant. No. 99-C-760-S. United States District Court, W.D. Wisconsin. May 3, 2000. Molly L. Bandt, Elder Law Center of the Coalition of Wisconsin Aging Groups, Madison, WI, for Plaintiffs. *1025 Daniel Bach, Assistant United States Attorney, Madison, WI, for Defendants. ME...
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ORDER ON MOTION TO EXCLUDE This matter is before me on defendant’s Motion to Exclude Evidence of Tape Recorded Conversation. The parties presented evidence and argument at different hearings and filed supplemental briefs thereafter. For the reasons discussed below, I will grant the motion. Background and Factual Findings Defendant is implicated in the armed robbery of Cal’s Sporting Autho...
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MEMORANDUM AND ORDER ON DEFENDANT BOBST GROUP, INC.’S EIGHTH PRETRIAL MOTION (DOCUMENTS AND TESTIMONY RE: POST ACCIDENT EVENTS) (#205) Subsequent to the explosion of press eight at the Avery Dennison (hereinafter “Avery”) facility on August 2, 1994, Avery requested that a representative of Bobst Group, Inc. (hereinafter “Bobst”) be present for the “cause and origin" investigation to be conducte...
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OPINION AND ORDER This cause is before the Court on Petition Under Title 28 U.S.C. § 2254 for Writ of Habeas Corpus by Petitioner Byron De La Beckwith, who is in state court custody under a sentence of life imprisonment. Having considered the Petition, Answer, all attachments to each, and supporting and opposing authority, the Court finds *792 that the Petition for Habeas Corpus Relief is not...
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MEMORANDUM OPINION AND ORDER Introduction The Plaintiffs are female technical employees at the Defendant television stations. The Plaintiffs allege that the Defendants discriminate against female technical employees in employment decisions and maintain a hostile work environment. The matter is currently before the Court pursuant to the Plaintiffs’ motion for class certification and the Defendants...
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OPINION AND ORDER This cause is before the Court on the Motion of Defendant to Dismiss. In a March 2, 2000, Opinion and Order, the Court questioned whether it had jurisdiction to hear any of Plaintiffs claims under the Eleventh Amendment to the United States, Constitution, especially in light of the recent United States Supreme Court decision of Kimel v. Florida Board of Regents, — U.S. —, ...
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MEMORANDUM OPINION AND ORDER THIS MATTER came on for consideration of Defendants’ oral motion to dismiss, really a motion for judgment as a matter of law, at the close of Plaintiffs case in chief. The court, having heard the evidence and considered the applicable law, found that the motion was well taken and should be granted. This memorandum opinion and order supplements the record. ...
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ORDER GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT INTER ALIA BEFORE THE COURT are cross-motions for summary judgment filed by plaintiff and the defendants (Ct.Rec. 32 and 44). 1. BACKGROUND This is a declaratory judgment action pursuant to 28 U.S.C. § 2201. 1 The plaintiff, Colville Confederated Tribes, hereinafter “CCT,” asks the court to declare: 1) that th...
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OPINION AND ORDER In this action for injunctive and declaratory relief against the United States Forest Service (“USFS,” “Forest Service”), Plaintiffs Friends of the Earth, et al, (“Friends”) move for a preliminary injunc *207 tion (paper 29) and for partial summary judgment (paper 31). USFS has filed a Cross-Motion for Summary Judgment (paper 54), as have Defendant-Interveno...
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ORDER AND REASONS Plaintiffs brought this civil rights action under 42 U.S.C. § 1983 alleging that the defendant, Desiree Charbonnet, the elected Recorder of Mortgages in Orleans Parish, terminated their employment because of their campaign activity on behalf of her political opponent, thereby violating their rights under the First Amendment and *400 Louisiana state law. The court addresses...
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MEMORANDUM OPINION AND ORDER Before the court is defendant Lawrence Summers’ (“the Government”) motion to dismiss plaintiff Carl Hamilton’s complaint. For the reasons that follow, the court denies in part and grants in part the defendant’s motion to dismiss. I. BACKGROUND The complaint alleges the following facts which, for the purpose of ruling on this motion, are t...
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OPINION I. INTRODUCTION In this case, two worthwhile and beneficial charities which provide necessary hospital surgical services in the United States, free of charge, to foreign children, dispute whether defendants’ use of Children of the World mark infringes upon plaintiffs longtime, unregistered use of that mark. Plaintiff Deborah Heart and Lung Center seeks a prelimina...
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MEMORANDUM ORDER Factually, this case concerns damage to two crates of telecommunication replacement parts shipped from New York to Antigua. Legally, it concerns yet another nuance in the interpretation of the much-litigated liability limitation provision of the United States Carriage of Goods at Sea Act (“COGSA”), 46 U.S.CApp. § 1304(5). Following discovery, plaintiff and defend...
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*673 DECISION AND ORDER Plaintiff Erlinda K. Ilusorio, a citizen and life-long resident of the Philippines, brings this action against Erlinda Ilusorio-Bildner (“Mrs.Bildner”), her daughter, and Albert Bildner (“Mr.Bildner”), her son-in-law, for misappropriation and libel. Defendants have moved for dismissal of all claims on the ground of forum non conve-niens, arguing that the m...
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MEMORANDUM AND OPINION ORDER Before this Court is Defendant Mazda Motor of America, Inc. d/b/a Mazda North, American Operations’ Opposed Motion to Transfer for Improper Venue Or, In the Alternative, Opposed Motion to Transfer *759 Venue Due to Inconvenient Forum [4], Having considered the motion, the response, the reply to the response, the sur-reply to the repl...
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MEMORANDUM Plaintiff Paul E. Lyon brings this action on behalf of a proposed class against defendant Caterpillar, Inc. for violation of the Illinois Consumer Fraud Act (815 ILCS 505/1 et seq.) or various other states’ consumer fraud acts.1 Jurisdiction is predicated on diversity of citizenship.2 See 28 U.S.C. *209§ 1332. Now before me is plaintiffs motion for class certification. For the follow...
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*633 MEMORANDUM Now before the Court is the motion for reconsideration of defendant Security Pacific Bank Oregon (“Security Pacific”) (Document No. 28). Security Pacific asks this Court to revisit its April 11, 2000 ruling on the appeal taken from the August 24, 1998 order of the bankruptcy court, which granted summary judgment in favor of Security Pacific.1 For the reasons that follow, the moti...
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MEMORANDUM Before the Court is Plaintiffs Motion to Vacate the Order of March 31, 2000 Dismissing Action Pursuant to Rule 41.1(b) of the Local Rules of Civil Procedure and to Reinstate Motion of Counsel for Plaintiff for Leave to Withdraw. The undisputed facts indicate that on October 12, 1999, after a mediation conference, Plaintiff orally agreed to a settlement. (Paragraphs 5, 6, 7...
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ORDER This matter is before the court on Ignacio Solorio’s Verified Petition for Pre-action Discovery pursuant to Rule 27 of the Federal Rules of Civil Procedure. The petition is denied on two grounds. First, there is no showing that notice has been given to the anticipated adverse party in accordance with Rule 27(a)(2). Such notice is a condition precedent and because the petitioner did not compl...
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97 F. Supp. 2d 949 (2000) Michael S. AMATO and Amico International, Inc., an Illinois Corporation, Plaintiffs, v. CREATIVE CONFECTIONS CONCEPTS, INC., a Wisconsin Corporation n/k/a Creative Connections Concepts, LLC, a Wisconsin Corporation, Creative Confections Concepts, LLC, a Wisconsin Corporation, and Steven Nicolet, Defendants. No. 99-C-0576. United States District Court, E.D. Wisconsin. May...
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ORDER This case concerns the development of unique handles for mops, known as Ergonomic Mop Handles, which the plaintiff developed and alleges defendants stole through fraud. The Court now considers two related motions by plaintiff. The first is plaintiffs motion to remand (# 16) filed on December 28, 1999. Defendant Brady filed an opposition (# 21) on January 13, 2000 and Defendant K...
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98 F. Supp. 2d 193 (2000) UNITED STATES of America v. John J. CADDEN. Cr. No. 99-104ML. United States District Court, D. Rhode Island. May 18, 2000. Stephanie Browne, Asst. U.S. Atty., Providence, RI, for Plaintiff. Mark B. Laroche, Providence, RI, for Defendant. MEMORANDUM AND DECISION LISI, District Judge. On January 20, 2000, Defendant, John J. Cadden ("Cadden") pled guilty to one *194 count ...
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98 F.Supp.2d 181 (2000) Marisol ADORNO-ROSADO, Plaintiff, v. WACKENHUT PUERTO RICO, INC.; Lucila Ruiz; Warner-Lambert, Inc.; et al., Defendants. No. CIV. 98-2074(JAF). United States District Court, D. Puerto Rico. May 4, 2000. *182 Eric B. Singleton, San Juan, PR, for Plaintiff. Carl Schuster, Maria Santiago-Ramos, Schuster Usera Aguilo & Santiago, San Juan, PR, for Defendant. OPINION AND OR...
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96 F. Supp. 2d 486 (2000) Joseph FRAZIER, Plaintiff, v. HECKINGERS, and MTD Products, Inc., Defendants. No. CIV.A. 98-3256. United States District Court, E.D. Pennsylvania. May 23, 2000. *487 Mychak Geckle & Welker, P.C., Philadelphia, PA, for Plaintiff. Pepper Hamilton, L.L.P., Philadelphia, PA, for Defendants. MEMORANDUM JOYNER, District Judge. Plaintiff has filed this action against Hecki...
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MEMORANDUM AND ORDER This case has been brought before the Court on motion of the Defendant, Circuit City Stores for the entry of summary judgment in its favor as to all of the Plaintiff’s claims against it. After carefully re *661 viewing the record evidence adduced by the parties and for the reasons which follow, we shall grant the defendant’s motion. Factual Bac...
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97 F. Supp. 2d 913 (2000) HERITAGE MUTUAL INSURANCE COMPANY, Plaintiff, Counter-Defendant, v. ADVANCED POLYMER TECHNOLOGY, INC., Leo J. Leblanc, and Environ Products, Inc., Defendants, Counter-Plaintiffs. No. IP96-0542-C-B/S. United States District Court, S.D. Indiana, Indianapolis Division. May 16, 2000. *914 *915 Jeffrey A. Doty, Kightlinger & Gray, Indianapolis, IN. Thomas W. Conklin, Conk...
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MEMORANDUM OPINION Plaintiff David Searles was the owner and chief executive officer (“CEO”) of Transource Polymers, Inc. (“Transource”), a distributor of raw plastic materials, until March 1997. Plaintiff claims that he has been unable to work since that time due to severe neck and back injuries. He here sues First Fortis Life Insurance Co. (“Fortis”), Transource’s group life and disabil...
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ORDER OF DISMISSAL Now before the court is defendant Travelers Indemnity Company’s (Travelers’) motion to dismiss (1) for plaintiffs failure to name an indispensable party whose join-der here would destroy diversity, which is the only basis for jurisdiction, and (2) because this court must abstain under the Colorado River doctrine based on the existence of a parallel state ...
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121 F. Supp. 2d 1169 (2000) Robbin WEAVER, Plaintiff, v. HOLLYWOOD CASINO—AURORA, INC., Defendant. No. 98 C 2947. United States District Court, N.D. Illinois, Eastern Division. May 22, 2000. Kim E. Presbrey, Presbrey & Amoni, Aurora, IL, for Plaintiff. Kim R. Kardas, Belgrade & O'Donnell, Chicago, IL, for Defendant. MEMORANDUM OPINION AND ORDER BUCKLO, District Judge. Plaintiff Robin Wea...
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104 F. Supp. 2d 931 (2000) UNITED STATES ex rel. Frank WILLIAMS, Petitioner, v. Jerry GILMORE, Warden, Pontiac Correctional Center, Respondent. No. 99 C 3569. United States District Court, N.D. Illinois, Eastern Division. May 19, 2000. Gary Ravitz, Ravitz & Palles, P.C., Chicago, IL, for petitioner. Janet Powers Doyle, Assistant State's Attorney, Chicago, IL, Renee Goldfarb, Supervisor, Crimi...
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98 F. Supp. 2d 971 (2000) David WARDEN, Plaintiff, v. The MCGRAW-HILL COMPANIES, INC., Defendant. No. 00 C 1551. United States District Court, N.D. Illinois, Eastern Division. May 18, 2000. *972 Michael E. Benz, Kreiter & Gibbons & Assoc., James X. Bormes, Law Office of James X. Bormes, Chicago, IL, for Plaintiff. Michael Roumell, Epstein, Becker & Green, Chicago, IL, for Defendant. ...
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98 F. Supp. 2d 916 (2000) Bruce Malcolm CHEEK, Petitioner, v. John LAMANNA, et al., Respondent. No. 4:00 CV 163. United States District Court, N.D. Ohio, Eastern Division. May 19, 2000. Bruce Malcolm Cheek, Elkton, OH, pro se. Lisa Hammond Johnson, Office of the U.S. Attorney, Cleveland, OH, for respondents. MEMORANDUM OPINION AND ORDER ECONOMUS, District Judge. This matter is before the Court u...
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98 F. Supp. 2d 846 (2000) Dennis CLINE, et al., Plaintiff, v. GENERAL DYNAMICS LAND SYSTEMS, INC., Defendant. No. 3:99 CV 7401. United States District Court, N.D. Ohio, Western Division. March 10, 2000. *847 Mark W. Biggerman, Granger & Biggerman, Columbus, OH, for Dennis Cline. Mark W. Biggerman, Granger & Biggerman, Columbus, OH, E. Bruce Hadden, Columbus, OH, for John Alge, David Bayes...
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The petitioner, Harry D. Detwiler, seeks an order directing the return of $34,905.00 which was seized by agents of the Drug Enforcement Administration on January 27, 1997 from Detwiler’s property in Ash-land, Oregon. Before the court is the motion of the United States of America, by and through the Drug Enforcement Administration (DEA), to dismiss Detwiler’s claim (#4). Leave to amend Detwiler’...
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OPINION AND ORDER Plaintiff Christine Halbasch brought this wrongful discharge action against her former employer, defendant Med-Data, Inc., alleging that defendant constructively discharged her because of her service as a juror in Clackamas County, Oregon. Plaintiff prevailed at trial when the jury found in her favor and awarded her $25,000 in noneconomic damages, $85,000 in economic damages, an...
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DECISION and ORDER INTRODUCTION Plaintiff, the Volunteers of America of Western New York (“VOA”), brings this action under the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. § 9601 et seq. (“CERCLA”), the Resource Conservation and Recovery Act, 42 U.S.C. § 6901 et seq. (“RCRA”), and New York State statutory and common law, seeking damages for envi...
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MEMORANDUM OPINION A threshold dismissal motion in this employment contract and Fair Labor Standards Act (“FLSA”) 1 dispute presents the issue, unresolved in this circuit, whether § 216(b) of the FLSA permits the recovery of punitive damages. I. 2 Defendant Sugarland Run Homeowners Association (“Sugarland Run”) provides *738 housing and management...
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97 F. Supp. 2d 718 (2000) Sonya MCINTYRE-HANDY, Plaintiff, v. WEST TELEMARKETING CORPORATION, Defendant. No. 4:99CV100. United States District Court, E.D. Virginia, Newport News Division. May 19, 2000. *719 *720 *721 Sonya McIntyre-Handy, Hampton, VA, plaintiff pro se. Burt H. Whitt, Scott W. Kezman, Kaufman & Canoles, P.C., Norfolk, VA, Phyllis Pollard, Derek Gilliland, Scott, Douglass &...
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MEMORANDUM OPINION AND ORDER Plaintiff markets Beanie Babies. They have been a phenomenal marketing success. Beanie Babies include plush “new face” bears and they are the subjects of copyright registrations. Defendant Holy-bears, Inc. markets plush bears with a religious theme. Plaintiff claims that those bears infringe its copyrights and has moved for a preliminary injunction. The mo...
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91 F. Supp. 2d 1045 (2000) COSMETIC DERMATOLOGY AND VEIN CENTERS OF DOWNRIVER, P.C., Plaintiffs, v. NEW FACES SKIN CARE CENTERS, LTD., Skin Care Specialists, P.C., and New England Business Services, Inc., Defendants. No. 98-73059. United States District Court, E.D. Michigan, Southern Division. February 28, 2000. *1046 Kenneth Neuman, Leif K. Anderson, Hyman & Lippitt, Birmingham, MI, for plai...
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ORDER GRANTING DEFENDANTS’ MOTIONS TO DISMISS THIS CAUSE is before the court upon Defendant’s Motion to Dismiss [D.E. 9]. The defendant seeks to dismiss the complaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, contending that the plaintiff has failed to state a claim upon which relief can be granted. In essence, the defendant contends that it paid all contractual damages...
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MEMORANDUM OPINION This matter comes before the Court on an appeal by the State of New Jersey Department of Environmental Protection (the “DEP”) from an Order (the “Order”) of the bankruptcy court dated October 27, 1999, which incorporated a Memorandum Opinion 1 (the “Opinion”) dated October 7, 1999, granting the motion of Bruce Atkinson, Esq., Chapter 7 Trustee (the “Trustee”)...
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OPINION I. INTRODUCTION In this consolidated Multi-District Litigation class action suit, plaintiffs claim that they own or owned vehicles manufactured by defendant Ford Motor Company (“Ford”); that their vehicles came equipped with defective ignition switches manufactured by defendant United Technologies Corporation (“UTC”); that defendants knew that the switches were defective and nonetheless...
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98 F. Supp. 2d 785 (2000) Keith and Grace MAYS v. STATE FARM LLOYDS No. CIV.A.4-99-CV-760-Y. United States District Court, N.D. Texas, Fort Worth Division. April 28, 2000. Terrence Patrick Sheehan, Law Offices of Terrence P. Sheehan, Dallas, TX, for Plaintiffs. Michael W. Minton, Renwick & Pierret, Arlington, TX, for Defendants. ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT MEANS, D...
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ORDER Before the Court is Defendant’s Motion to Dismiss Count II of Plaintiffs Complaint (Dkt.4) and Plaintiffs Response (Dkt.5). Defendant asserts that count II is time-barred. Based on this record and the applicable law, the Court is of the opinion that the motion should be granted. Pertinent Facts On February 14, 2000, Plaintiff sued Defendant for violations of Title VII ...
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89 F. Supp. 2d 1347 (2000) Orlando GONZALEZ, Jr. Plaintiff, v. Carla MONTY, et al., Defendants. No. 962279-CIV. United States District Court, S.D. Florida. February 11, 2000. *1348 Orlando Gonzalez, Jr., Miami, FL, Pro se. Steven Groves, Terence Martin, Randall C. Marshall, Office of the Attorney General, Eugenie Ramos, Sgt., Tom Sylvester, Jessica Gajus, Fort Lauderdale, FL, for Defendants. ORD...
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FINAL JUDGMENT I. INTRODUCTION Plaintiff, Ford Motor Company (“Ford”), brought this action on January 21, 2000, against defendant, Ford Financial Solutions (“FFS”) to prevent FFS’ use of FORD FINANCIAL SOLUTIONS as a trademark and domain name in connection with financial services. The parties stipulate to the following findings of fact and conclusions of law, and consent to entry of a perma...
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MEMORANDUM DECISION ON APPEAL This is an appeal from a decision of the U.S. Bankruptcy Court in the name of the debtor, but in the interest of debtor’s attorney who applied for attorney fees in the amount of $1,500.00 which was reduced by the Bankruptcy Judge to $1,200.00 and costs of $128.51. $500.00 had previously been paid leaving a balance of $828.51 to be paid out of plan payments. This ...
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OPINION Plaintiffs, police officers with the City of New Brunswick, move for summary judgment and an award of unpaid overtime wages, liquidated damages, and attorneys’ fees. The defendant City cross-moves to dismiss the complaint for failure to state a claim for relief. While these motions were pending, plaintiffs moved for temporary restraints and requested a hearing regarding the issuan...
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MEMORANDUM AND ORDER This litigation, having now pended for more than two years, is but a fragment of its former self. It is the juridical embodiment of a rancorous vendetta between Ma-noj Jain, the founder of BioCore, Inc. and BioCore Medical Technologies, Inc., and Hamid Khosrowshahi, a former executive for the corporations. The men were “like family” until June of 1997, when they parted co...
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MEMORANDUM AND ORDER Plaintiffs bring suit under Sections 502 and 515 of the Employee Retirement Income Security Act (“ERISA”), 29 U.S.C. §§ 1132 and 1145, to collect fringe benefit contributions allegedly due and owing from defendants. This matter comes before the Court on the following motions: Defendant Sandra Gendron’s Motion To Dismiss, Or, In The Alternative, Motion For Su...
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RULING ON DEFENDANTS’ MOTION TO DISMISS Plaintiff, who is Chief Legal Counsel for the State of Connecticut Department of Environmental Protection, has sued her superiors in that Department, claiming that, acting under color of state law, they deprived her of her First Amendment rights to free speech and to seek judicial redress without- retaliation, in violation of 42 U.S.C. § 1983, i...
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MEMORANDUM Defendant Juan Almodovar moves to vacate, set aside or correct his sentence under 28 U.S.C. § 2255. On June 8 and July 6, 1999, evidentiary hearings were held on whether the government’s refusal to file a downward departure motion under U.S.S.G. § 5K1.1 amounted to bad faith. For the following reasons, a finding of bad faith will be entered. On February 9, 1993, defendant,...
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OPINION AND ORDER Plaintiff, Richard Cleveland, brings this action under Section 205(g) of the Social Security Act (the “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 based upon disability. For the reasons set forth below...
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MEMORANDUM AND ORDER Plaintiffs ELE. Elya Peker (“Elya”) and Katrina Peker, pro se, bring this action for copyright infringement against defendant Masters Collection (“Masters”). Plaintiffs’ complaint alleges that Masters infringed Elya’s copyright when it used posters of one of Elya’s paintings'to create an oil painting replica that was sold through catalogs and over the Inter...
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DECISION AND ORDER Plaintiff, Hector Leon, appearing pro se, commenced this action under 42 U.S.C. § 1983. Plaintiff, who is an inmate in the custody of the New York State Department of Correctional Services, alleges that defendants, who at all relevant times were employed at Orleans Correctional Facility, failed to apprise Leon in Spanish, his native language, of Orleans’s medical po...
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MEMORANDUM That the United States Equal Employment Opportunity Commission (“EEOC”) *465 is deluged with discrimination complaints may warrant delay in fulfilling its investigative duties. It does not justify ignoring such duties altogether. The difference is illustrated in this case. On January 14, 1999, plaintiff Michael A. Deas filed a complaint with the New York S...
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MEMORANDUM AND ORDER Invoking diversity jurisdiction, petitioners (collectively “the Resource Group”), who are members of a class of plaintiffs suing respondent Waste Management Holdings, Inc. (“Waste Management”) for misrepresenting its financial statements in the course of acquiring the class members’ assets in exchange for Waste Management common stock, bring this proceeding pursuant t...
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Memorandum of Decision and Order Plaintiff Willidm T. Perks (“Plaintiff’) filed an Amended Complaint against Defendants Susan Scarpati-Reilly and the Town of Huntington alleging, inter alia, sexual harassment, defamation and violation of Plaintiffs civil rights. Defendant' Scarpati-Reilly (“Defendant”) moves to dismiss several causes of action. For the reasons set forth bel...
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OPINION Plaintiffs Louis Varsames, Jr. and Paul Varsames (collectively, “the Varsames”) move for appointment of a receiver pen-dente lite for Townsend Management I & II Corp. (“Townsend”) and the real property located at 621-623 and 625-627 Mani-da Street, Bronx, New York (the “Manida Street Property”) or, in the alternative, for an interim order granting them po...
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ORDER This matter is before the Court on the plaintiffs motion for relief pursuant to Rules 59 and 60 of the Federal Rules of Civil Procedure and defendants’ cross-motion for reconsideration or, in the alternative, for clarification. Plaintiffs motion requests that the Court amend its March 31, 2000 Order and Judgment in this case to *5 eliminate the final paragraph dismissing the case "wit...
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OPINION Plaintiff Michael Tisi (“Tisi”), a songwriter and the composer of a copyrighted but unpublished musical composition entitled “Sell Your Soul” (“SYS”), sought a preliminary injunction under Rule 65, Fed.R.Civ. P., to enjoin the defendants Richard Patrick (“Patrick”), Filter, a performing group, Warner Brothers Records Inc.,* d/b/a Reprise Records (“Warner Brothers”), WEA Intern...
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*365 OPINION TABLE OF CONTENTS INTRODUCTION..366 BACKGROUND.367 I.Purdue’s Development of OxyContin- II.Roxane’s of Roxicodone SR III.The Purdue Patents. A. The Parent Patent: The ’331 Patent B. The ’912 Patent. C. The ’042 Patent. D. The ’295 Patent. E. Terminology. DISCUSSION 370 *366 I. Preliminary In...
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101 F. Supp. 2d 79 (2000) Mary R. McKEON, Plaintiff, v. Michael E. DALEY, Individually, and as District Attorney for the County of Herkimer, State of New York; John Ahern, Individually, and as an employee, agent and servant of the New York State Police; and The County of Herkimer, State of New York, Defendants. No. 5:98-CV-193. United States District Court, N.D. New York. May 24, 2000. *80 *81 *8...
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MEMORANDUM & ORDER Plaintiff, pro se, seeks injunctive relief alleging that Section 6-138(4) of New York’s Election Law violates both the American’s with Disabilities Act (ADA), see 42 U.S.C. § 12101 et seq., and the Fourteenth Amendment, see U.S. Const, amend. XIV. The New York Board of Elections has moved for dismissal. For the reasons below, the case is d...
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MEMORANDUM OPINION AND ORDER Before the Court is Defendant’s Motion for Summary Judgment filed November 29, 1999, Plaintiffs’ request for partial summary judgment sua sponte, briefs in support thereof, and all responses and replies thereto. The Court heard oral argument on March 16, 2000. Plaintiffs sue for a declaration that Defendant has a duty to defend Plaintiffs in tw...
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OPINION Plaintiffs have brought suit seeking damages for claims arising out of various instances of alleged torture suffered at the hands of the defendant, the Republic of Iraq, a sovereign nation. Defendant has moved to dismiss for lack of personal and subject matter jurisdiction and for failure to state a claim under Rule 12(b)(1), (2) and (6) of the Federal Rules of Civil Procedure...
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98 F. Supp. 2d 5 (2000) Zack McCAIN, Jr., Plaintiff, v. Janet RENO, et al., Defendants. No. CIV.A.98-1859 PLF. United States District Court, District of Columbia. March 31, 2000. Zack McCain, Jr., Edgefield, SC, for Prose. Lydia Kay Griggsby, Assistant U.S. Attorney, Washington, DC, for Defendant. MEMORANDUM OPINION PAUL L. FRIEDMAN, District Judge. This matter is before the Court on the parties...
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ORDER This matter is before the Court on Defendant, David Severino’s (“Severino”), Motion for Summary Judgment. The other named Defendants were previously dismissed with prejudice as parties by the Court pursuant to Plaintiffs’ Motion for Voluntary Dismissal. For the reasons stated herein, the Motion for Summary Judgment is granted. This case is terminated. Background This action arises from the...
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MEMORANDUM OPINION AND ORDER Before the court is plaintiffs Gregory Daley, Sherry L. Bigalke and Charles E. Jones, Jr.’s motion for class certification pursuant to Federal Rule of Civil Procedure 23. For the following reasons, the court grants plaintiffs’ motion for class certification. I. BACKGROUND For the sake of brevity, the court will not restate the facts. The facts may be found in Dale...
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MEMORANDUM OPINION This matter arises from a charter agreement between plaintiff, Sealift Bulkers, Inc., and defendant, the Republic of Armenia, to transport wheat to Armenia during a time of famine. Plaintiff brought this lawsuit to recover the money it spent to warehouse the wheat on another ship when it was delayed in port by civil unrest in the Republic of Georgia. Plaintiff claim...
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98 F.Supp.2d 1 (2000) Gregory Lee LOONEY, Plaintiff, v. Josie WALTERS-TUCKER, et al., Defendants. No. CIV.A.98-0360 (PLF). United States District Court, District of Columbia. March 29, 2000. *2 Elaine Mittleman, Falls Church, VA, for Plaintiff. Charles G. Neighbor, FDIC, Washington, DC, for Defendants. MEMORANDUM OPINION PAUL L. FRIEDMAN, District Judge. Plaintiff, Gregory Lee Looney, was convic...
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ORDER Petitioner Sivilay Sengchanh petitions the Court for a writ of habeas corpus [1] on the grounds that his prolonged detention pending deportation violates his substantive and procedural due process rights under the Fifth Amendment and his Eighth Amendment right to be free from cruel and unusual punishment. The Magistrate Judge assigned this case recommends that the writ be denied and the...
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ORDER REVERSING SUMMARY JUDGEMENT AND REMANDING CASE FOR FURTHER PROCEEDINGS The question presented by this appeal from the bankruptcy court is whether a signed Treasury (IRS) Form 4549, which qualifies as a return for tax purposes, is a “return” within the meaning § 523(a)(1)(B) of the Bankruptcy Code. This court concludes the terms are synonymous and, consequently, the order on appe...
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ORDER GRANTING PLAINTIFF’S MOTION TO REFER BANKRUPTCY MATTERS TO UNITED STATES BANKRUPTCY COURT AND GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION TO DISMISS This case is before the Court on the motion of plaintiff Kathleen Molloy (“Mol-loy”) to “refer bankruptcy matters to United States Bankruptcy Court” and the motion of defendant Primus Automotive Financial Services (“Primus”)...
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ORDER THIS CAUSE has come before the Court upon the non-jury trial of this matter, and upon Quantachrome’s Motion to Reconsider Court’s Claim 27 Orders, filed March 30, 2000. The Court, having reviewed the record and having considered the evidence and arguments presented at trial, makes the following findings and conclusions. I. BACKGROUND Quantachrome and Micromeritics are comp...
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ORDER RE: (1) PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT AND (2) DEFENDANT MAURICE O’BANNON’S MOTION FOR SUMMARY JUDGMENT Plaintiff Federal Trade Commission’s (“FTC”) Motion for Summary Judgment (the “Motion”) and Defendant Maurice O’Bannon’s (“O’Bannon”) Motion for Summary Judgment (the “O’Bannon Motion”) came on regularly for hearing before this Court on April 3, 2000. After considering th...
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98 F.Supp.2d 569 (2000) ECOLAB, INC., Plaintiff, v. AMERIKEM LABORATORIES, INC., and Envirochem, Inc., Defendants. Nos. Civ.A. 96-437(JAG), Civ.A. 90-4712(JAG). United States District Court, D. New Jersey. May 23, 2000. *570 John N. Bain, Carella, Byrne, Bain, Gilfillan, Cecchi, Steward & Olstein, Roseland, NJ, Thomas L. Hamlin, Richard B. Allyn, Katie Crosby Lehmann, Robins, Kaplan, Miller &...
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98 F. Supp. 2d 587 (2000) U.S. SMALL BUSINESS ADMINISTRATION, as Receiver for Bishop Capital, L.P., Plaintiff, v. Robert MARTIGNETTI and Laurie Martignetti, Mellon Mortgage Company, Eugene T. Kendig, Mary M. Kendig, James O'Brian a/k/a James O'Brien and James J. Hall, Defendants and Robert Martignetti and Laurie Martignetti, Defendants and Third Party Plaintiffs v. State Street Bank and Trust Co....
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ORDER GRANTING PRELIMINARY INJUNCTION Plaintiff eBay, Inc.’s (“eBay”) motion for preliminary injunction was heard by the court on April 14, 2000. The court has read the moving and responding papers 1 and heard the argument of counsel. For the reasons set forth below, the court preliminarily enjoins defendant Bidder’s Edge, Inc. (“BE”) from accessing eBay’s computer systems by u...
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113 F. Supp. 2d 1048 (2000) SUPREME BEEF PROCESSORS, INC., Plaintiff, v. UNITED STATES DEPARTMENT OF AGRICULTURE, Defendant. No. CIV.A. 3:99CV2713G. United States District Court, N.D. Texas, Dallas Division. May 25, 2000. *1049 James Winford Bowen, Jenkins & Gilchrist, Dallas, TX, Robert G. Hibbert, McDermott, Will & Emery, Washington, DC, for plaintiff. Eric D. Goulian, U.S. Dept. of Jus...
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OPINION This is an action for securities fraud brought against CIENA Corporation and several of its officers. Plaintiffs seek to represent a class composed of all persons (other than the officers and directors of CIENA and their privies) who were damaged by having purchased CIENA stock during the period from May 21, 1998, to September 14, 1998 (“class period”). Plaintiffs allege that duri...
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96 F. Supp. 2d 376 (2000) GREAT LAKES CHEMICAL CORPORATION, Plaintiff, v. MONSANTO COMPANY and Sweet Technologies, Inc., Defendants. No. Civ.A. 00-043-RRM. United States District Court, D. Delaware. May 25, 2000. William M. Lafferty, Jessica Zeldin, Morris Nichols Arsht & Tunnell, Wilmington, Delaware, H. Roderic Heard, John L. Eisel, Thomas M. Lynch, Tina M. Caravette, Samuel S. Cohen, Wildm...
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OPINION This matter comes before the Court upon motions by defendants Summit Ban-corp., PNC Bank Corp., K. Hovnanian Enterprises, Mellon Bank, N.A., Toll Brothers, Inc., Dechert, Price & Rhoads and individual defendants Harry Hill, Esq., Leonard Cohen, Thomas Jamieson, Albert C. Barclay., Jr., Florence Winston, William Barclay, Elizabeth Barclay, Ellen DeBlois, and I. David...
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ORDER ON MOTION TO RECONSIDER This matter is before the Court on the plaintiffs Motion to Reconsider Entry of Partial Summary Judgment. (Doc. 24) The plaintiff has filed a principal brief (Doc. 25) and five supplemental briefs in support of her motion. (Docs.30, 32, 33, 35, 37) Defendants CSX Transportation, Inc. (“CSX”), G.A. Owens and C.M. Cooper (collectively, the “CSX defendants”) hav...
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97 F. Supp. 2d 763 (2000) Wavy H. DOYLE, and Era L. Doyle, v. Gayle Louis SCHULTZ f/k/a Gayle Louis Doyle, Mark C. Landry, and Newman, Mathis, Brady, Wakefield & Spedale. No. Civ.A. 98-2332. United States District Court, W.D. Louisiana, Alexandria Division. March 14, 2000. *764 Robert G. Nida, Gold Weems et al., Alexandria, LA, Jimmy R. Faircloth, Jr., Faircloth & Davidson, Alexandria, LA...
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98 F.Supp.2d 746 (2000) Charles A. RHODES, Jr. and Judy Valentine Rhodes v. J.P. SAUER & SOHN, INC., Hawes Firearm Co., and Sig Arms, Inc. No. CIV.A.1:00-0160. United States District Court, W.D. Louisiana, Alexandria Division. April 4, 2000. *747 Richard E. Starling, Jr., Ball, LA, for plaintiffs. David R. Frohn, Robin A. Anderson, Frohn & Thibodeaux, Lake Charles, LA, for defendants. RU...
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*559 MEMORANDUM In this action, plaintiff American Guarantee and Liability Insurance Co. (“American Guarantee”) seeks a declaration that it owes no coverage and has no duty to defend defendants Gary Black, Sr., and Gary Black, Jr., in an underlying action, pursuant to exclusions in a directors and officers liability policy issued by a subsidiary of American Guarantee. In the unde...
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98 F. Supp. 2d 641 (2000) UNITED STATES of America, v. Rayvon TYLER, Defendant. No. Crim.A. 99-57-3. United States District Court, E.D. Pennsylvania. May 18, 2000. Louis D. Lappen, U.S. Attorney's Office, Philadelphia, PA, for plaintiff. Federal Defenders Association, Philadelphia, PA, for defendant. MEMORANDUM & ORDER KATZ, Senior District Judge. On November 8, 1995, Rayvon Tyler was senten...
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100 F. Supp. 2d 295 (2000) UNITED STATES of America v. German ORTIZ, Defendant. Criminal Action No. 98-334-12. United States District Court, E.D. Pennsylvania. May 24, 2000. *296 Francis C. Barbieri, Jr., U.S. Attorney's Office, Philadelphia, PA, for plaintiff. Eric W. Sitarchuk, Ballard, Spahr, Andrews & Ingersoll, Philadelphia, PA, for defendant. MEMORANDUM AND ORDER KATZ, Senior District ...
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98 F.Supp.2d 975 (2000) Lynne GOLBOURN and Brian Golbourn, Plaintiffs, v. GENERAL MOTORS CORPORATION; Hughes Aircraft Corporation; GM Hughes Electronic Company; and Hughes Network Systems, Inc. Defendants. No. 99C4768. United States District Court, N.D. Illinois, Eastern Division. May 25, 2000. *976 Lynn Golbourn and Brian Golbourn, Uxbridge, Ontario, Canada, for Plaintiffs. Ellen E. Douglass, La...
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MEMORANDUM OPINION On October 31, 1986, Industry Holdings, Inc. (“Industry Holdings”) and International Minerals & Chemical Corporation entered into a Stock Purchase Agreement (the “Agreement”), pursuant to which Industry Holdings purchased two entities: IMC Industry Group, Inc., and IMC Group (Quartz) Inc. (collectively the “Purchased Companies”). Plaintiff in this case, A...
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*397 MEMORANDUM This is an appeal (Document No. 1) by appellants Jeoffrey L. Burtch, Trustee in the bankruptcy of Mushroom Transportation Company, Inc., Michael Arnold, Rob-bey Realty, Inc., Penn York Realty Company, Inc., and Trux Enterprises, Inc. (hereinafter collectively referred to as “appellants” or “plaintiffs”), from the order of the bankruptcy court dated August 24, ...
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100 F. Supp. 2d 647 (2000) Derrick JAMISON, Petitioner, v. Terry J. COLLINS, Warden, Respondent. No. C-1-94-175. United States District Court, S.D. Ohio, Western Division. May 10, 2000. *648 *649 *650 *651 *652 *653 *654 *655 *656 *657 *658 *659 *660 *661 *662 *663 *664 *665 *666 James Edward Davidson, John Patrick Gilligan, Schottenstein Zox & Dunn — 2, J Joseph Bodine, Jr, Parnela J Prude-S...
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OPINION AND ORDER AFFIRMING THE BANKRUPTCY COURT Milton I. Fagin (“Fagin”) is the debtor in this Chapter 13 proceeding. The United States Internal Revenue Service filed a proof of claim based on tax liens it had filed against Fagin’s homestead. The IRS listed a portion of its claim as secured. Fagin objected to the claim, arguing that his parents’ lien against his homestead is superior to...
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Opinion on Liability Brad Alan Mathes has a partially-formed left hand — an objective, visible physical limitation. His hand ends about two inches past his wrist with only small nodes for fingers. He does not have an opposed thumb nor prehensile function. For eight years Mathes has worked as a civilian in the communications division of the Harris County Sheriffs Department. Two years ago, he ...
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MEMORANDUM OPINION AND ORDER On February 25, 2000, plaintiff AGR Financial, L.L.C. (“AGR”) commenced an action against defendants Ready Staffing, Inc. and Ready Staffing Services, Inc. (collectively “Ready Staffing”) in the Supreme Court of the State of New York, New York County (“New York State Supreme Court”). Defendants filed a Notice of Removal on March 29, 2000, thereby removing the case...
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OPINION AND ORDER On October 12, 1998, defendant Pedro Mateo Mora was arrested with a kilogram of cocaine tucked under his jacket. He is charged with possessing that kilogram with the intent to distribute it. He has moved to suppress both the drugs and incriminating statements he made following his arrest, on the ground that the arresting officer lacked cause to initiate the confrontation that ...
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OPINION AND ORDER The Court has before it the United States’ Motion to Dismiss (docket No. 3) and Memorandum of Law in support thereof (docket No. 10); Plaintiffs Motion and Memorandum Opposing Dismissal (docket No. 14); and the United States’ tendered reply. 1 For 'the reasons that follow, the Court hereby GRANTS the United States’ Motion and DISMISSES the instant case. The United States d...
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OPINION AND ORDER I. INTRODUCTION The Court has before it Defendant Hospital San Pablo’s Motion for Summary Judgment (docket No. 35) and Plaintiffs’ Opposition thereto (docket No. 37). For the reasons that follow the Court hereby GRANTS the motion at bar and DISMISSES the instant case. II. SUMMARY JUDGMENT STANDARD Summary judgment serves to “assess the proof in order to se...
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98 F. Supp. 2d 187 (2000) UNITED STATES of America, Plaintiff, v. Luis E. DUBON-OTERO (10), et al., Defendants. United States of America, Plaintiff, v. Ramon Luciano Del Rosario, Defendant. Nos. CRIM. 97-091(JAF), CRIM. 99-097(JAF). United States District Court, D. Puerto Rico. May 19, 2000. *188 Maria A. Dominguez-Victoriano, Assist. U.S. Atty., Edna Rosario, Assist. U.S. Atty., Guillermo Gil, U...
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*590OPINION AND ORDER This case originated out of an alleged Year 2000 (“Y2K”) defect in software (“MED-NET”) that the plaintiffs in the above captioned case purchased from the defendant in this action, Keane, Inc.1 After the defendant informed the plaintiffs it was canceling the technical support for MEDNET, the plaintiffs filed the present lawsuit alleging the defendant’s refusal to repair said ...
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98 F. Supp. 2d 111 (2000) BOSTON'S CHILDREN FIRST, Ann F. Walsh, President, Nicholas Anderson, a minor by his parent and next friend, Ellen Dowd, John P. Feeney, Jr., a minor, by his parents and next friends, Ena Feeney and John Feeney, Michael Gattozzi, a minor, by his parents and next friends, Joseph Gattozzi and Patrice Gattozzi, Jamie Lee Higgins, a minor, by her parents and next friends, Ker...
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ORDER Pending before the Court are Defendants’ Motions in Limine to Exclude the Testimony of Plaintiffs’ Experts Dr. Gary Solomon [Doc. # 57]; Dr. David Goldsmith [Doc. # 59]; Dr. Christopher Batich [Doc. # 61]; Dr. Pierre Blais [Doc. # 63]; Dr. Saul Puszkin [Doc. # 65]; and Dr. Douglas Shanklin [Doc. # 67]. Aso before the Court are Defendants’ Motion for Partial Summary Judgment re: Lack of Sc...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW I. INTRODUCTION A. Background and Procedural History On June 5, 1997, Plaintiff Eric Parr (“Plaintiff’), a disabled individual who requires a wheelchair to gain mobility, filed an action against Defendant L & L Drive-Inn Restaurant, d/b/a L & L Drive-Inn. (“Defendant” or “L & L”). In his Complaint, Plaintiff ...
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96 F. Supp. 2d 926 (2000) Cassandra Ann JOHNSON, Plaintiff, v. MISSOURI GOODWILL INDUSTRIES, Defendant. No. 4:99CV218CDP. United States District Court, E.D. Missouri, Eastern Division. April 28, 2000. *927 Cassandra Ann Johnson, Berkeley, MO, plaintiff pro se. Paul N. Venker, C. Wayne K. Davis, Armstrong Teasdale, LLP, St. Louis, MO, for Missouri Goodwill Industries, defendant. MEMORANDUM AND OR...
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96 F. Supp. 2d 106 (2000) HOWE INVESTMENT, LTD., Plaintiff, v. PEREZ Y CIA. DE PUERTO RICO, INC., Defendant. No. Civ. 97-1864(SEC). United States District Court, D. Puerto Rico. May 26, 2000. *107 Benny F. Cerezo, Urb. Hyde Park, San Juan, PR, for plaintiff. Jane A. Becker-Whitaker, San Juan, Puerto Rico, Charles S. Fax, Shapiro & Olander, P.A., Baltimore, MD, for defendant. Ricardo L. Rodrig...
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98 F.Supp.2d 1081 (2000) Iceline D. FLYNN, et al., Plaintiffs, v. TEAK ASSOCIATED INVESTMENTS # 2, INC., Defendant. No. 4:99CV1769 TCM. United States District Court, E.D. Missouri, Eastern Division. May 22, 2000. William Edward Taylor, Joseph M. Taylor, Taylor and Taylor, P.C., St. Louis, MO, for plaintiffs. J. Michael Waller, Law Offices of Robert J. Hayes, Jerome C. Simon, Partner, Rabbitt and ...
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MEMORANDUM OPINION This appeal is from the United States Bankruptcy Court for the Middle District of North Carolina. Plaintiffs Cook Group Inc., Wilson-Cook Medical, Inc., Cook Inc., Vance Products Inc., and Sabin Corp. (collectively “Cook”) appeal the orders entered on July 2, 1998, May 7, 1998, and December 8,1997 by the bankruptcy court. Specifically, Cook appeals the bankruptcy court’...
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98 F. Supp. 2d 9 (2000) Robert Paul KILPATRICK, Plaintiff, v. Richard W. RILEY, Secretary of Education, Defendant. No. Civ.A. 98-3180(RMU). United States District Court, District of Columbia. April 27, 2000. *10 John Wesley Davis, Washington, DC, Isaac Joe, Jr., Baltimore, MD, Roberta Yvonne Wright, Graves & Horton, Washington, DC, for Plaintiff. Mark E. Nagle, Wilma Antoinette Lewis, David L...
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MEMORANDUM OPINION Granting the Plaintiffs’ Motion for Relief from Summary Judgment of Non-Infringement I. INTRODUCTION At issue in this action is U.S.Patent No. 5,207,675 (“the 675 patent”). The 675 pat *38 ent relates to an electro-surgical 1 device which facilitates blood coagulation. 2 The plaintiffs, Jerome Canady and Argon Elec-tro-Su...
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98 F.Supp.2d 30 (2000) John M. APPLETON, Plaintiff, v. UNITED STATES of America, Defendant. No. Civ.A. 98-344(RMU). United States District Court, District of Columbia. May 19, 2000. *31 Robert G. Nath, Odin, Feldman & Pittleman, Fairfax, VA, for the plaintiff John M. Appleton. Doris Coles Hough, District Court Civil Division, United States Attorney's Office, Washington, D.C., for the defendan...
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MEMORANDUM OPINION AND ORDER This case involves two Chicago public school employees who were disciplined after a student drowned at their school. Plaintiff Gary Townsend is a tenured teacher who teaches physical education. Plaintiff Alex Riley was employed as a lifeguard and swimming coach. One defendant is the Chicago School Reform Board of Trustees (the “Board”), the school board fo...
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98 F. Supp. 2d 979 (2000) U.S. & INTERNATIONAL TRAVEL & TOURS, INC., an Indiana corporation, Plaintiff, v. TAROM—S.A., S.C. COMPANIA NATIONALA DE TRANSPORTURI AERIENE ROMANE, d/b/a Romanian Air Transport, a Romanian corporation, Defendants. No. 99 C 7680. United States District Court, N.D. Illinois, Eastern Division. May 26, 2000. Damon E. Dunn, Daniel Thomas Graham, Steven F. Poe, Levin ...
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ORDER Pezold Air Charters (PAC) sues Phoenix Corporation for breach of a contract to upgrade PAC’s Beechcraft King Air aircraft with new engines. Phoenix countersues against PAC and its owner, Jack Pezold, claiming that they, together with several others, conspired (1) to misrepresent the status of Phoenix’s upgrade plan to the Federal Aviation Administration (FAA) so that the FAA would revoke Ph...
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MEMORANDUM DECISION The plaintiffs, a non-profit religious organization and two individuals who describe themselves as ultra-Orthodox Jews, filed this civil rights action against the Village of New Hempstead, the Village Mayor, Lawrence Dessau, and the Village Deputy Building Inspector, William Moriarty, alleging that the defendants have discriminated against them on the basis of their re...
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OPINION Plaintiff Elliott Associates, L.P. (“Elliott”) has moved, pursuant to Rules 54 and 56; Fed.R.Civ.P., for summary judgment and for judgment. Defendants Banco de la Nación (“Nación”) and the Republic of Peru (“Peru”) (together, “Defendants”) have cross-moved for reconsideration, to dismiss the action, and to strike Elliott’s expert report. For the reasons set forth below, Elliott’s motions...
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OPINION AND ORDER Plaintiff Korea Express USA, Inc. (“Plaintiff’ or “Korea Express”) brings this contract action to recover unpaid freight charges. Currently pending before the Court is a motion to dismiss the complaint by defendant Nationsbanc Commercial Corporation (“Nationsbanc”) on the grounds of lack of subject matter jurisdic *684 tion and improper venue. 1 In brief, Nati-onsbanc alle...
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ORDER APPROVING SETTLEMENT OF CLASS ACTION I. INTRODUCTION This matter is before the Court on Plaintiffs’ Motion for Final Approval of Settlement in this class action and Application of Plaintiffs’ Counsel for an Award of Attorneys’ Fees and Reimbursement of Expenses. The Court gave preliminary approval to the settlement agreement on January 31, 2000. On May 22, 2000, a fairness hearing was con...
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ENTRY DENYING DEFENDANTS’ MOTION TO DISMISS Plaintiffs, Save the Valley, Inc. (STV), Thomas Breitweiser and L. Jae Breitweiser (the Breitweisers), filed for injunctive relief on January 20, 1999 against Defendants, the United States Environmental Protection Agency (EPA) and EPA officials, Carol Browner and David Ullrich (individually and in their official capacities), under the citize...
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OPINION AND ORDER As every sometime athlete is acutely aware, tears to the menisci — the gristle-like structures that act as shock absorbers to the knees — are painfully common. Until relatively recently, the form of suture commonly used in repairing such tears was a large surgical staple. In 1989, however, plaintiff Saul N. Schreiber, M.D., patented a smaller, less cumbersome alterna...
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OPINION AND ORDER Plaintiff MBL Contracting Corporation (“plaintiff’ or “MBL”) brings this quasi-contract action to recover for unpaid construction work performed under contract with Unitel Video, Inc. (“Unitel”), on premises owned by Unitel. After Unitel filed for bankruptcy, plaintiff brought this suit against Unitel’s tenant, King World Productions, Inc. (“defendant” or “King World”), allegi...
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OPINION Pro se plaintiff Mamdouh M. Hussein (“Hussein”) brings this action pursuant to 42 U.S.C. § 1981 and Section 301 of the Labor Management Relations Act, 29 U.S.C. § 185 et seq. (“LMRA”). Plaintiff *204 alleges that he and similarly situated banquet waiters were denied equal wages and opportunities and that their union failed to adequately represent them regar...
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101 F. Supp. 2d 187 (2000) Robert L. SIMS, Petitioner, v. James STINSON, Respondent. No. 97Civ.3388(KMW)(SEG). United States District Court, S.D. New York. May 30, 2000. *188 *189 Robert L. Sims, Stormville, NY, pro se. Alan Gadlin, Robert M. Morgenthau, Dist. Atty., New York, NY, for Respondent. OPINION & ORDER KIMBA M. WOOD, District Judge. Pro se petitioner challenges his state court conv...
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MEMORANDUM OPINION The instant litigation arises from an effort by plaintiff Bruce Boyle and defendant Donato D’Onofrio to develop a marina property in Brick, New Jersey. Plaintiffs set forth claims premised on the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. § 1962(c), (d), and on various state law causes of action. This matter comes before the Court on motions to d...
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MEMORANDUM DECISION AND ORDER Plaintiff International Fidelity Insurance Company (“IFIC”) and defendant Fidelity and Guaranty Insurance Company (“F & G”) have both submitted motions for summary judgment in this action, in which several of the parties involved in a construction project dispute who is liable for which portion of the damages resulting from a construction delay. Pursuant to t...
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92 F.Supp.2d 780 (2000) Javier MARTINEZ, Plaintiff, v. VILLAGE OF MOUNT PROSPECT; Ronald Pavlock, individually and in his official capacity; Tom Daley, individually and in his official capacity; Dick Draffone; individually and in his official capacity; David Nicholson, individually and in his official capacity; and Jack Dahlberg, individually and in his official capacity, Defendants. Harry Moser,...
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OPINION AND ORDER This matter comes before the court on defendant’s motion for reconsideration of this court’s factual findings and sentencing determination at his supervised release violation hearing and defendant’s motion for a new trial pursuant to Federal Rule of Criminal Procedure 33. For the reasons outlined below, defendant’s motion for a new trial is DENIED, and while the court GRANTS...
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MEMORANDUM OPINION On November 24, 1998, this action was commenced against the City of Erie, Pennsylvania by Plaintiffs, the Church of the American Knights of the Ku Klux Klan, Realm of Pennsylvania (hereinafter, the “Klan”) and its “Grand Dragon,” Kay Ryan. Plaintiffs sought a temporary restraining order and/or preliminary injunction against the City precluding enforcement of the City’s “ant...
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111 F. Supp. 2d 825 (2000) David H. BURLESON and Joan A. Burleson Plaintiffs v. LIGGETT GROUP INC., et al., Defendants No. CIV. A. 9:99-CV-233. United States District Court, E.D. Texas, Lufkin Division. May 5, 2000. George Edmond Chandler, Chandler Law Offices, Lufkin, TX, W Mark Lanier, Lanier Parker & Sullivan, Houston, TX, Vaughan O'Neal Stewart, Lake Jackson, TX, W Douglas Matthews, Matth...
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MEMORANDUM DECISION Pending before the Court is the Motion of Yale-New Haven Hospital (“YNHH”) to Dismiss the Third-Party Apportionment Com*59plaint, which was only recently filed against it by defendant/third-party plaintiff, the United States of America. This case was filed by the Estate of the Alphonse Nobile under the Federal Tort Claims Act, 28 U.S.C. § 2671, et seq., (“FTCA”), against the...
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91 F. Supp. 2d 1037 (2000) Edgar Allen GIBSON, et. al., Plaintiffs, v. AMERICAN BANKERS INSURANCE COMPANY, Defendant. No. Civ.A. 99-232. United States District Court, E.D. Kentucky at Pikeville. March 23, 2000. *1038 *1039 Timothy D. Belcher, of Timothy D. Belcher, P.S.C., Elkhorn City, KY, for plaintiffs. Roger L. Massengale, a sole practitioner, Paintsville, KY, and Gerald J. Nielsen, of the Ni...
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98 F.Supp.2d 260 (2000) HALE PROPELLER, L.L.C., Plaintiff, v. RYAN MARINE PRODUCTS PTY., LTD., Terence J. Ryan, Propeller Dynamics Pty., Ltd., and Propeller Dynamics, Inc. Defendants. No. 3:98 CV 1248 (GLG). United States District Court, D. Connecticut. May 25, 2000. *261 Ajay A. Jagtiani, Jagtiani & Associates, Fairfax, VA, Kenneth J. Nunnenkamp, Patton Boggs, LLP, McClean, VA, John R. Eriks...
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ORDER GRANTING DEFENDANT ALLSTATE INSURANCE COMPANY’S MOTION FOR SUMMARY JUDGMENT AGAINST PLAINTIFFS GEORGE AND MARY LOU GIAKOUMAKIS Defendant Allstate Insurance Company (“Allstate”) filed the instant motion for summary judgment against Plaintiffs George and Mary Lou Giakoumakis (together, the “Giakoumakises”) on April 17, 2000. Because the parties adequately represent their positions in ...
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MINUTE ENTRY Before the Court is defendant’s Motion to Dismiss and to Vacate Attachment and Impoundment. Plaintiff opposes the motion. The motion was set for hearing with oral argument on May 12, 2000, after which the Court ordered the parties to file supplemental briefs. Now, having considered the record, the applicáble law, and memoranda and argument of counsel, the Court stands ready to rule...
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MEMORANDUM AND ORDER Under consideration are Defendants’ Motion to Compel Discovery (doc. 57) and Defendants’ Motion to Compel and for Sanctions (doc. 73). A. The Duty to Confer Before presenting a discovery dispute to the Court for resolution, the parties are required by both local and federal rule to certify they have “in good faith conferred or attempted to confer with the person or party fa...
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96 F. Supp. 2d 55 (2000) Michael DEMERS, a Minor By and Through his parent and next friend, John DEMERS, Plaintiffs, v. LEOMINSTER SCHOOL DEPARTMENT, Dr. Joseph Rappa, in his capacity as Superintendent of Schools, Judith Mulkern, in her capacity as Principal of Northwest School, and Susan Hitchcock, in her capacity as Pupil Personnel Director, Defendants. No. Civ.A. 00-40082-NMG. United States Di...
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ORDER (1) DISMISSING COUNTS XIII THROUGH XXIV FOR FAILURE TO STATE A CLAIM AND REMANDING REMAINING CLAIMS TO STATE COURT This lawsuit commenced in state court on February 17, 1999. At that time Plaintiffs’ claims were predicated solely on state law, and diversity of citizenship was lacking. On January 6, 2000, Plaintiffs amended their petition to include various constitutional claims. Defenda...
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MEMORANDUM OPINION AND ORDER THIS MATTER came on for consideration of the Motion of Dr. Wen Ho Lee for a Declaration that Sections 5 and 6 of the Classified Information Procedures Act (CIPA) are Unconstitutional as Applied, filed January 26, 2000 (Doc. 88) (“Defendant’s Motion”). The Court has reviewed the motion, the memoranda submitted by the parties, and the relevant aut...
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Memorandum and Order MEMORANDUM AND ORDER. .191 Background.192 Contentions of the Parties.193 The Statutes.193 The Telecommunications Act.193 R.I. Gen. Laws § 45-24-69 .194 Standard of Review.194 The Summary Judgment Standard .195 Discussion.195 I.The No “Substantial Evidence” Claim .195 A. Compatibility with Neighboring Uses.196 ...
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98 F. Supp. 2d 741 (2000) Michael H. HOLLAND, Marty D. Hudson, A. Frank Dunham and Elliot A. Segal, as Trustees of the United Mine Workers of America 1992 Benefit Plan, Plaintiffs, v. HIGH POWER ENERGY, Pratt Mining Co., and Geupel Construction Co., Inc., Defendants. No. Civ.A. 2:97-1092. United States District Court, S.D. West Virginia at Charleston. April 14, 2000. Larry D. Newsome, Barbara E. ...
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169 F. Supp. 2d 1119 (2000) CHURCHILL VILLAGE, L.L.C.; Barbara Dorsett; and Al Dorsett, individually and on behalf of the public, Plaintiffs, v. GENERAL ELECTRIC COMPANY, a New York corporation, Defendant. No. 99-CV-5073. United States District Court, N.D. California. May 10, 2000. *1120 *1121 *1122 *1123 George Donaldson, Daniel B. Harris, Law Offices of George Donaldson, San Francisco, CA, Jose...
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MEMORANDUM OPINION AND ORDER THIS MATTER came on for consideration of Defendants’ Motion to Bifurcate Municipal and Supervisory Liability Claims from Personal Liability Claims for Trial, filed November 18, 1999 (Docs. 58, 59) (“ Motion to Bifurcate”), and Plaintiffs Motion for Partial Summary Judgment against Defendants Durham and Lamb, filed November 24, 1999 (Doc. 66) (“Plaintiffs Motio...
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DECISION AND ORDER This case is before the Court on objections by both parties to a Report and Recommendation issued by United States Magistrate Judge Robert W. Lovegreen and an objection by Blue Cross and Blue Shield of Rhode Island (“defendant”) to a subsequent bench order issued by Judge Lovegreen granting plaintiffs’ motion to amend. For the reasons set forth below, this Court adopts the. R...
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MEMORANDUM ORDER Whether this Court has jurisdiction over the sovereign defendants here sued depends on application of the Foreign Sovereign Immunity Act (“FSIA”), 28 U.S.C. § 1604, to the relevant facts, which are as follows: In 1984, the Government of Czechoslovakia agreed to lend up to $70 million to the Government of Egypt to help finance Egypt’s purchase of various goods and services f...
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MEMORANDUM AND ORDER ON RECONSIDERATION (Construing War Risk Exclusion to All-Risk Insurance Coverage) I have been asked to resolve a dispute about an issue of insurance coverage: whether parol evidence of alleged custom and usage may be admitted to contradict the plain meaning of a war risk exclusion clause. Plaintiff International Multifoods (“IMF”), a Minnesota corporation, is in t...
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OPINION Defendants City Holding Company (“City Holding”) and City National Bank of West Virginia (“City National”) have moved to dismiss for lack of personal jurisdiction pursuant to Federal Rule of Civil Procedure 12(b)(6) or to transfer venue of this trademark infringement action to the Southern District of West Virginia. Plaintiffs Citigroup Inc. and Citicorp (collectively, “Citigr...
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98 F. Supp. 2d 665 (2000) Matthew John NICE, et al., Plaintiffs, v. CENTENNIAL AREA SCHOOL DISTRICT et al., Defendants. No. CIV. A. 99-3262. United States District Court, E.D. Pennsylvania. June 1, 2000. *666 Joanne W. Rathgeber, Rathgeber & Alberts, Doylestown, PA, Adam Mylnarczyk, Rathgeber & Associates, Doylestown, PA, for Plaintiffs. Michael I. Levin, David W. Brown, Michael I. Levin ...
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MEMORANDUM Defendant has been charged with three (3) Counts involving knowing and intentional possession with intent to distribute cocaine base (“crack”), knowingly possessing a firearm with an obliterated serial number, and, being a convicted felon, knowingly in possession of a firearm. Defendant has filed a Motion to Suppress Statements and Physical Evidence obtained by the police. After a he...
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98 F.Supp.2d 672 (2000) Rotunda TAYLOR, et al., v. Michael GARWOOD, et al. No. CIV. A. 99-2478. United States District Court, E.D. Pennsylvania. June 2, 2000. *673 Robert J. Sugarman, Sugarman & Associates, Philadelphia, PA, for Plaintiff. James G. Sheehan, U.S. Atty's Office, Philadelphia, Scott A. Coffina, Asst. U.S. Atty., Philadelphia, PA, for Defendants. MEMORANDUM BARTLE, District Judg...
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MEMORANDUM OPINION AND ORDER Plaintiff, a former police officer with the New York City Police Department (“NYPD”), is suing, inter alia, Keith Cunningham, Samuel Paneccio and John Huber (the “individual defendants”), for violations of 42 U.S.C. §§ 1981, 1983 and 1985. Although settlement discussions with defendants are ongoing and a trial has been scheduled for July 5, 2000...
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OPINION AND ORDER Plaintiffs, Johnson Electric North America, Inc. (“JENA”) and Johnson Electric Industrial Manufactory, Ltd. (“JEI”) (collectively, “Johnson”), commenced this action to obtain a declaration that defendants’ patents are invalid and that plaintiffs did not infringe the patents. Defendants, Mabuchi North America Corp. (“Mabuchi America”) and Mabuchi Motor Co., Ltd. (“MMC...
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MEMORANDUM Cheryl Nye has brought this action against the Board of Education of Cecil County and Carl Roberts, the Superintendent of the Cecil County Public Schools (“CCPS”). Nye contends that she was subjected to sexual harassment while she was employed as a school psychologist by the CCPS. After she filed a charge complaining of the harassment, she allegedly was constructively discharged. Defend...
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98 F.Supp.2d 554 (2000) Robert D. CUNNINGHAM, Jr., Plaintiff, v. Richard W. RILEY, Secretary, United States Department of Education, Defendant. No. C.A. 99460-SLR. United States District Court, D. Delaware. May 16, 2000. *555 Robert D. Cunningham, Jr., M.D., plaintiff pro se. Carl Schnee, United States Attorney, Patricia C. Hannigan, Assistant United States Attorney, United States Attorney's Offi...
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MEMORANDUM OPINION I. INTRODUCTION Plaintiff Robert D. Cunningham, Jr. filed this action on June 28, 1999 against defendants Edward R. Becker, Chief Judge of the United States Court of Appeals for the Third Circuit, and the Judicial Council of the Third Circuit (“Judicial Council”), alleging violations of his Fifth Amendment due process rights. (D.I.l) Plaintiffs allegations arise ou...
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MEMORANDUM OPINION AND ORDER Plaintiff Chrysler Realty Corporation has brought a three count complaint against defendants Thomas Industries, Inc. (“Thomas”), Teledyne Industries, Inc. and Teledyne Technologies, Incorporated (together, “Teledyne”) alleging violations of the Federal Resource Conservation and Recovery Act of 1976 (“RCRA”), 42 U.S.C. § 6901 et seq. (Count I), a...
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97 F. Supp. 2d 1210 (2000) GENERAL ELECTRIC CAPITAL CORPORATION, Plaintiff, v. LASER HAIR REMOVAL, INC., etc., et al., Defendants. No. 00 C 2802. United States District Court, N.D. Illinois, Eastern Division. May 18, 2000. Alex Darcy, Askounis & Borst, P.C., Chicago, IL, for plaintiff. MEMORANDUM ORDER SHADUR, Senior District Judge. This newly-filed action by General Electric Capital Corpora...
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MEMORANDUM OF DECISION AND ORDER On November 20, 1998 Frank Aupperlee (the “plaintiff’ or “Aupperlee”), initiated *338this action by the filing of a complaint against Thomas Coughlin, III (“Cough-lin”), Philip Coombe, Jr. (“Coombe”), Glenn S. Goord (“Goord”), James F. Re-core (“Recore”), and Brian Fischer (“Fischer”) (collectively, the “defendants”). The plaintiff alleges that the defendants vi...
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MEMORANDUM-DECISION and ORDER Currently before the Court are motions for summary judgment by defendants Fulton County National Bank and Trust Company (“the Bank”) and Charles Pratt, which plaintiffs oppose. For the reasons that follow, the Court grants both motions. DISCUSSION Given that the Court has addressed this matter in four prior decisions, it assumes the parties are larg...
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98 F. Supp. 2d 721 (2000) UNITED STATES of America, Plaintiff, v. Philip Martin COOPER, Defendant. No. 2:99CR138. United States District Court, E.D. Virginia, Norfolk Division. May 30, 2000. *722 James A. Metcalfe, United States Attorney's Office, Norfolk, VA, for plaintiff. James O. Broccoletti, Zoby & Broccoletti, Norfolk, VA, for defendant. ORDER AND OPINION FRIEDMAN, District Judge. On O...
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MEMORANDUM OPINION In this dispute between an employer and employee over wages and benefits, the employee has alleged four causes of action: (i) breach of contract, (ii) quantum meruit, (iii) violation of the Fair Labor Standards Act (“FLSA”), 29 U.S.C. § 201 et seq., and (iv) violation of the Virginia Wage Payment Act, Va.Code § 40.1-29. Defendant’s threshold dismissal motion ...
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MEMORANDUM AND ORDER All pretrial non-dispositive motions have been referred to the undersigned pursuant to 28 U.S.C. § 636(b), Fed.R.Civ.P. 73(a), and the Rules of this Court. Pursuant to an order filed February 25, 2000, a hearing on the following motions was conducted on March 10, 2000: 1. Plaintiffs’ motion for entry of a sharing protective order [Doc. 12]; 2. General Motors’ motion for a pr...
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MEMORANDUM AND ORDER This is an employment discrimination case involving Plaintiffs claim that intolerable working conditions resulted in her constructive discharge. Plaintiffs complaint sets forth causes of action pursuant to the Americans With Disabilities Act, 42 U.S.C. § 12102 (the “ADA”), Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e (“Title VII”), 42 U.S.C. § 1981...
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MEMORANDUM — DECISION & ORDER Plaintiff Kevin Harford commenced the instant litigation against defendants asserting claims pursuant to 42 U.S.C. § 1983 for alleged violations of his constitutional rights under the First, Fourth and Fourteenth Amendments, and common law claims for false arrest, malicious prosecution, negligence, the intentional infliction of emotional distress, and the int...
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MEMORANDUM-DECISION AND ORDER Plaintiff, an African American, began working for defendant Mohawk Valley CommunityCollege (“MVCC”) on January 27, 1992, as a Building Maintenance Helper. In October 1993, plaintiff returned from a year’s workers’ compensation leave with a 40% right shoulder disability which caused him to be placed on permanent light-duty status during his employment with MVC...
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ORDER GRANTING IN PART PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT AND GRANTING IN PART DEFENDANT’S MOTION FOR SUMMARY JUDGMENT Before the Court are cross-motions for summary judgment filed by Plaintiff The Burlington Northern and Santa Fe Railway Company (BNSF) and Defendant Brotherhood of Maintenance of Way Employes (BMWE). 1 After consideration, the Court concludes that each...
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97 F. Supp. 2d 59 (2000) UNITED STATES of America, Plaintiff, v. MICROSOFT CORPORATION, Defendant. State of New York, et al., Plaintiffs, v. Microsoft Corporation, Defendant. Microsoft Corporation, Counterclaim-Plaintiff, v. Eliot Spitzer, Attorney General of the State of New York, in his official capacity, et al., Counterclaim-Defendants. Nos. CIV. A. 98-1232(TPJ), CIV. A. 98-1233(TPJ). United S...
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MEMORANDUM AND ORDER Now before the Court is defendant’s motion to dismiss plaintiffs complaint. This motion presents a single question: Is plaintiffs state law breach of contract claim preempted by section 301 of the Labor Management Relations Act (“LMRA”)? If plaintiffs claim is preempted, then the Court must dismiss the complaint. If the claim is not preempted, then the Court must rema...
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120 F.Supp.2d 1201 (2000) Allison DESMOND, on behalf of herself and all others similarly situated, Plaintiff, v. BANKAMERICA CORP., et al., Defendants. No. C-00-0169-VRW. United States District Court, N.D. California. February 23, 2000. *1202 Reed R. Kathrein, Milberg Weiss Bershad Hynes & Lerach LLP, San Francisco, CA, for Allison Desmond, plaintiff. Melvin R. Goldman, Darryl P. Rains, Diane...
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DECISION AND ORDER AFFIRMING IN PART AND REVERSING IN PART AN ORDER OF THE HON. LISA M. SMITH DATED MARCH 23, 2000. On rare occasions, an appeal from a Magistrate Judge’s discovery order presents an interesting issue, one that cannot be resolved quickly or by the simple expedient of invoking the rule that such an order cannot be overturned by the District Court unless it is clearly erroneous. Fed...
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98 F.Supp.2d 1337 (2000) In the Matter of the ESTATE OF Larry J. HARLESS, Deceased Maurine K. Harless, Administratrix of the Estate of Larry J. Harless, Petitioner, v. United States of America, Respondent. No. CIV. A. 98-1072-RV-S. United States District Court, S.D. Alabama, Southern Division. May 23, 2000. *1338 William T. McGowin, IV, Mobile, AL, for Larry J. Harless. Bradley R. Byrne, Mobile, ...
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ORDER GRANTING MOTION TO DISMISS BACKGROUND On September 30, 1998, plaintiffs Linda Krieg and Keith Krieg filed suit against defendants Ava Mills (now Ava Pointer) and Frank McNulty, both Internal Revenue Service (IRS) agents, for declaratory relief, injunctive relief, and damages. The complaint alleges that the defendants violated plaintiffs’ constitutional rights and the Internal R...
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98 F. Supp. 2d 1026 (2000) Martin P. BRAAKSMA, Plaintiff, v. WELLS COMMUNITY HOSPITAL, and The Board of Trustees of Wells Community Hospital, Defendants. No. 1:00CV29. United States District Court, N.D. Indiana, Fort Wayne Division. May 25, 2000. Thomas M Kimbrough, Barrett and McNagny, Fort Wayne, IN, for Thomas M Kimbrough, mediator. G Martin Cole, David E Bailey, Rothberg and Logan, Fort Wayne...
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MEMORANDUM OPINION AND ORDER This matter comes before the Court on Plaintiffs’ Motion for Order Compelling Answers to Questions Posed at Depositions.1 For the following reasons, Plaintiffs’ motion is denied. BACKGROUND Plaintiffs, in this age discrimination action, are all (with the exception of one who is still currently employed) former American Airlines pilots. Prior to turning sixty years...
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101 F. Supp. 2d 727 (2000) ANALYTICAL SURVEYS, INC., Plaintiff, v. INTERCARE HEALTH PLANS, INC., and John Alden Life Insurance Company (a subsidiary of John Alden Financial Corporation and Fortis, Inc.), Defendants. No. IP 99-1422 C B/S. United States District Court, S.D. Indiana, Indianapolis Division. April 25, 2000. *728 *729 Irwin B. Levin, Cohen & Malad, Indianapolis, IN. Terry R. Curry,...
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ENTRY GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION TO DISMISS Plaintiffs, Hirata Corporation and Hirata Corporation of America (collectively “Hirata”), allege that Stratton Oakmont (“Stratton”), a New York-based securities broker, sold securities in Indiana without being properly registered in Indiana, including the sale of securities purchased with Hirata funds, and that Stratton’s ac...
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MEMORANDUM OPINION AND ORDER This case demonstrates the pitfalls of a court attempting to correct the effects of bad lawyering. Because we did not limit our inquiry to arguments actually made by Plaintiffs counsel in its response to various summary judgment motions, and instead reviewed documents not referred to in the response and fleshed out possible contentions merely hinted at in ...
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98 F. Supp. 2d 984 (2000) Lance LHOTKA, individually and on behalf of others similarly situated, Plaintiffs, v. FORD MOTOR COMPANY, Defendant. No. 00 C 384. United States District Court, N.D. Illinois, Eastern Division. June 1, 2000. *985 Michelle Ann Weinberg, Richard Joseph Doherty, Horwitz, Horwitz & Associates, Chicago, IL, for Plaintiffs. Daniel Keenan Ryan, Adam L. Saper, Hinshaw & ...
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SUMMARY ORDER AFFIRMING ORDER OF THE BANKRUPTCY COURT Before me is the appeal of Debtor Anthony E. Galasso from an order of the Hon. Adlai S. Hardin, Jr., dated November 22, 1999, granting The Bank of New York relief from the automatic stay to the extent necessary to allow The Bank of New York to recover possession of the real property located at 90 Locust Hill Avenue, Yonkers, New York, 10703....
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MEMORANDUM DECISION AND ORDER GRANTING IN PART DEFENDANT’S MOTION TO STRIKE AND GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT Plaintiff Agawukwu Ofudu brought an action for race discrimination and retaliation pursuant to Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq., against his former employer, Defendant Barr Laboratories, Inc. Defendant has moved pursua...
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Plaintiff Metropolitan Property and Casualty Insurance Company (“Metropolitan”) commenced this diversity action, as subrogee to the rights of Kenneth and Abby Kenigsberg, against defendant Budd Morgan Central Station Alarm Company, Inc.(“Budd Morgan”). Budd Morgan moves for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. For the reasons set forth below, *119...
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MEMORANDUM DECISION AND ORDER DENYING PLAINTIFFS’ MOTION FOR INJUNCTIVE RELIEF AND GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT Plaintiffs, a wireless provider and the builder of its monopole facilities, bring this action pursuant to the Federal Telecommunications Act of 1996, 47 U.S.C. § 332 (“TCA”) asking the Court for a mandatory injunction compelling Defendants to issue a permit f...
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DECISION AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ APPLICATION FOR AN AWARD OF ATTORNEYS’ FEES AND EXPENSES In this second act of a tawdry drama that has run far too long in this Court, *518 Drs. Marc. J. Straus, Jeffrey M. Ambinder and Eliot L. Friedman, as prevailing defendants in a qui tarn proceeding, have applied to the Court for an award of attorneys’ f...
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Opinion and Order I. Introduction Defendants in this action, the City of New York and the Department of Corrections, et. al. (collectively the “Department”) brought a motion to terminate the *160 Consent Decrees and all supplemental orders entered in this action and the six related cases that are encompassed herein 1 based on the recently enacted P...
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MEMORANDUM-DECISION AND ORDER I. INTRODUCTION On November 18, 1998, plaintiff Robert Anthony DePrima (“DePrima” or “plaintiff’) commenced the instant action pursuant to 42 U.S.C. §§ 1983 and 1988 alleging that the defendants violated his Fourth and Fourteenth Amendment rights. In particular, plaintiff asserts causes of action for false arrest, false imprisonment, maliciou...
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MEMORANDUM AND ORDER Roy Dumas has filed a petition for a writ of habeas corpus, see 28 U.S.C. § 2254, contending that his counsel was constitutionally ineffective for failing to file a notice of appeal. Finding that Dumas has failed to exhaust this claim in state court, I dismiss the petition. BACKGROUND In April 1983, Roy Dumas was convicted after a jury tri...
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ORDER This matter comes before the court pursuant to the defendant’s January 14, 2000, motion for summary judgment (docket number 21). The parties have consented to the exercise of jurisdiction by a United States Magistrate Judge. Oral argument on the motion was heard March 2, 2000. For the reasons set forth below, the defendant’s motion is granted. Background James Edward Horton, a 56-year-old...
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MEMORANDUM AND ORDER Plaintiff Adidas America, Inc. (“Adidas”) filed this action for damages and injunctive relief against defendant National Collegiate Athletic Association (“the NCAA”) alleging violations of Sections 1 and 2 of the Sherman *694Act, 15 U.S.C. §§ 1 and 2, and various state law claims. In its Order dated August 26, 1999 (Doc. 272), the court granted the NCAA’s motion for judgmen...
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MEMORANDUM AND ORDER Plaintiff John H. Bunker filed this civil action against the following defendants: City of Olathe, as public employer; Susan Sherman, in her individual capacity and as former Acting City Manager of the City of Olathe; Philip Major, in his individual capacity and as former Chief of Police of the City of Olathe; and Howard Kannady, in his individual capacity and as former A...
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MEMORANDUM AND ORDER Plaintiff Dennis Beach filed this civil action against the following defendants: City of Olathe, as public employer; Philip Major, in his individual capacity and as Chief of Police of the City of Olathe; and Susan Sherman, in her individual capacity and as Acting City Manager of the City of Olathe. Plaintiff alleged, among other things, that Defendants retaliated against ...
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MEMORANDUM OPINION AND ORDER Introduction This case poses a problem endemic to our federal system of government: the apparent conflict between a broad system of federal regulation and a detailed state regulatory scheme. The tension is exacerbated in this case, however, because the apparent conflict bears directly on men and women who serve the people of the United States — officers o...
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97 F. Supp. 2d 967 (2000) Delores SCHMID, as trustee for and on behalf of the heirs and next of kin of Robert Schmid, Plaintiff, v. FIREMAN'S FUND INSURANCE COMPANY, INC., a California corporation, Defendant. No. CIV. 98-2355 ADM/AJB. United States District Court, D. Minnesota. May 30, 2000. *968 David E. Wandling, Christopher W. Fowlkes, Wandling Uggen Rugara Fowlkes, LLC, Minneapolis, MN, for P...
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ORDER GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT, DENYING DEFENDANT’S DEFENDANT’S MOTION TO DISMISS OR IN THE ALTERNATIVE, MOTION FOR SUMMARY JUDGMENT Pending before the Court are several motions including Plaintiffs Motion for Summary Judgment (Doc. #34) and Defendant’s Motion to Dismiss or in the Alternative, Motion for Summary Judgment (Doc. # 36). The former motion is grante...
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98 F. Supp. 2d 1104 (2000) Marvin FIELDER, et al., Plaintiffs, v. CREDIT ACCEPTANCE CORPORATION, et al., Defendants. No. 96-1210-CV-W-3. United States District Court, W.D. Missouri, Western Division. May 25, 2000. Dale K. Irwin, Slough, Connealy, Irwin & Madden, LLC, Kansas City, MO, Bernard E. Brown, The Brown Law Firm, Kansas City, MO, for Marvin Fielder, Deborah Williams, plaintiffs. Nancy...
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MEMORANDUM OPINION AND ORDER THIS MATTER is before the Court upon a Motion to Dismiss for Failure to State a Claim by Defendant NACC Corporation (“NACC”) 1 , filed October 5, 1999 [Doc. No. 26]. The Court, having considered the motion, all filed documents, relevant law, and being otherwise fully-informed, finds that the motion is not well taken and will be DENIED. BACKGROUND Plain...
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MEMORANDUM OPINION This case is before the court as an appeal from the United States Bankruptcy Court for the Eastern District of Tennessee. The defendant contends that the Bankruptcy Court did not have jurisdiction to issue writs of garnishment against him and erred in denying his motion to quash and vacate the writs of garnishment. The plaintiff argues that the Bankruptcy Court’s earlier judgm...
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ORDER Pursuant to 28 U.S.C. § 292(b), Chief Judge Roger L. Wollman, of the United States Court of Appeals for the Eighth Circuit, designated this writer to handle the within matter. That designation was necessitated by the action of all of the judges of the Eastern District of Arkansas in recusing themselves on December 21, 1999. The matter before the Court is an October 12, 1999 letter griev...
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ORDER Pursuant to 28 U.S.C. § 292(b), Chief Judge Roger L. Wollman, of the United States Court of Appeals for the Eighth Circuit, designated this writer to handle the within matter. That designation was necessitated by the action of all of the judges of the Eastern District of Arkansas in recusing themselves on December 21, 1999. The matter before the Court is a September 17, 1999 letter grie...
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98 F.Supp.2d 1211 (2000) Robert ROBINSON, Plaintiff, v. UNION PACIFIC RAILROAD and United Transportation Union, Defendants. No. Civ.A. 99-K-841. United States District Court, D. Colorado. May 31, 2000. *1212 Jeffrey Menter, Littleton, CO, for plaintiff. Daniel R. Elliott III, Assistant General Counsel, United Transportation Union, Cleveland, OH, David B. Kiker, Rossi, cox, Kiker, Aurora, CO, Dian...
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ORDER ON DEFENDANT’S MOTIONS TO ALTER OR AMEND THE JUDGMENT AND STAY ENFORCEMENT OF THE JUDGMENT PENDING APPEAL Plaintiff Enterprise Leasing Co. (“Enterprise”) brought this action against the Metropolitan Airports Commission (“MAC”) to challenge its enactment of an ordinance that imposes an 8.5% gross receipts fee on off-airport automobile rental agencies who transact business on airport property ...
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98 F.Supp.2d 244 (2000) 2284 CORPORATION, d/b/a Dangerous Curves, et al., Plaintiffs, v. Mark A SHIFFRIN, et al., Defendants. No. 3:98CV102 RNC. United States District Court, D. Connecticut. March 30, 2000. *245 Gary Mastronardi, Bridgeport, CT, for Plaintiff. Robert Vacchhelli, Attorney General's Office, Hartford, CT, for Defendant. RULING AND ORDER CHATIGNY, District Judge. After review and ov...
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RULING ON PENDING OBJECTION AND MOTION This is an action seeking attorneys’ fees and costs incurred during administrative proceedings under the Individuals With Disabilities Education Act (“IDEA”), 20 U.S.C. §§ 1415, et seq. Those proceedings were held at the request of the plaintiff parents to challenge the special education program offered to their child by the defendant, Stratford Board of E...
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98 F. Supp. 2d 25 (2000) NATIONAL LAW CENTER ON HOMELESSNESS & POVERTY, et al., Plaintiffs, and National Union of the Homeless, et al., Intervenors, v. UNITED STATES VETERANS ADMINISTRATION, et al., Defendants. No. Civ.A. 88-2503(RCL). United States District Court, District of Columbia. April 27, 2000. Phyllis D. Thompson, Lawrence S. Fox, Covington & Burling, Washington, DC, Maria Foscar...
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MEMORANDUM AND ORDER This matter comes before the court on Defendant John Huang’s Motion to Recuse pursuant to 28 U.S.C. § 455(a). Huang contends that the impartiality of this court might reasonably be questioned in light of credibility findings issued by this court regarding Huang’s testimony as a non-party witness in another matter pending before the court. See Judicial Watch v. United Sta...
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98 F. Supp. 2d 981 (2000) J.C. WHITNEY & CO., Plaintiff, v. RENAISSANCE SOFTWARE CORPORATION, Robert J. Saltzman, and John Jackson, Defendants. Renaissance Software Corporation, Counter-Plaintiff, v. J.C. Whitney & Co., Counter-Defendant. No. 99 C 3714. United States District Court, N.D. Illinois, Eastern Division. May 31, 2000. *982 Neil J. Kuenn, Michael T. Reid, Thomas E. Roche, Keeley...
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92 F.Supp.2d 554 (2000) UNITED STATES of America v. John DOE, A Juvenile Defendant. Crim. Nos. 2:99M00073, 2:99M00074 and 2:99M00075. United States District Court, W.D. Virginia, Big Stone Gap Division. April 5, 2000. S. Randall Ramseyer, Rick Mountcastle, Assistant U.S. Attorneys, Abingdon, VA, for Plaintiff. Stephen J. Kalista, Big Stone Gap, VA, for Defendant. *555 MEMORANDUM OPINION SARGEN...
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MEMORANDUM OPINION Plaintiff and Intervenors filed a Pre-judgement Motion for New Trial on March 31, 2000 Subsequently, this Court issued an order 1 treating that motion as a Motion for Reconsideration and setting the motion for hearing. Thereafter, Plaintiff and In-tervenors filed a Supplemental Motion for *551 New Trial (Motion for Reconsideration) on May 11, 2000. On May 31, 2000, this...
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OPINION In late 1996, plaintiff Norcom Electronics Corporation (“Norcom”) and defendant CIM S.p.A. entered into a distributor agreement (hereafter, the “Distributor Agreement,” or the “Agreement”) pursuant to which Norcom was to be the exclusive distributor, throughout most of North America, of machines and supplies manufactured by CIM S.p.A. for use in embossing plastic cards and met...
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ORDER Pursuant to 28 U.S.C. § 292(b), Chief Judge Roger L. Wollman, of the United States Court of Appeals for the Eighth Circuit, designated this writer to handle the within matter. That designation was necessitated by the action of all of the judges of the Eastern District of Arkansas in recusing themselves. See Order dated Dec. 28, 1999 (Doc. 1). The matter before the Cou...
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OPINION AND ORDER Plaintiff pro se Hipólito Uvidalis Pimen-tel seeks the return of property allegedly seized by defendant United States Drug Enforcement Administration (the “DEA”). Both parties have moved for summary judgment. For the reasons that follow, each motion is granted in part and denied in part. BACKGROUND Plaintiff, his wife Wanda, and their two childre...
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107 F. Supp. 2d 748 (2000) Willie O. THOMAS, Plaintiff, v. Ricky MURRAY, et al., Defendants. No. Civ.A. 3:98CV1306L. United States District Court, N.D. Texas, Dallas Division. May 31, 2000. *749 *750 Douglas R. Larson, Law Office of Douglas R. Larson, Mesquite, TX, for plaintiff. Thomas P. Brandt, Stephen D. Henninger, Fanning Harper & Martinson, Dallas, TX, for defendants. MEMORANDUM OPINIO...
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97 F. Supp. 2d 892 (2000) Marcia HARRIS, Plaintiff, v. FRANKLIN-WILLIAMSON HUMAN SERVICES, INC., Laborers' International Union of North America, Southern Illinois Laborers' District Council, Randall J. Mayhew, Defendants. No. CIV. A. 98-4290-DRH. United States District Court, S.D. Illinois. May 11, 2000. *893 *894 *895 *896 Charles M. Poplstein, Rodney A. Harrison, Thompson Coburn, St. Louis, MO,...
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MEMORANDUM AND ORDER Pending before the Court are: (1) the motion by plaintiffs Richard O’Brien, Nettie Bailey, George Diehr, Rita Lipnick, Robert Luther, Patricia Principe, Dolores Raymond, and Dolores Ullman (the “O’Brien Plaintiffs”) for summary judgment in case number 94 CV 4695; (2) the motion by plaintiff Equal Employment Opportunity Commission (the “EEOC”) (collectively with the O’Brie...
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MEMORANDUM — DECISION AND ORDER Introduction Plaintiffs commenced the present suit on September 27, 1999, seeking damages as a result of defendant’s alleged violation of the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. § 1692 et seq. Specifically, plaintiffs allege six causes of action pursuant to §§ 1692c(a)(2), 1692d, 1692e(c), 1692e(5), 1692e(ll) and 1692...
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MEMORANDUM-DECISION AND ORDER INTRODUCTION Plaintiff Norman E. Roth is in the business of property rental and management. He owns and manages several rental properties in the neighborhoods in and around the University area in the City of Syracuse. The other named plaintiffs are all businesses owned and operated by Roth. Defendant Syracuse Housing Authority (“SHA”) is a public cor...
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ORDER AND REASONS Before the Court are Plaintiff Peggy Malb-rough’s Motion to Sever Individual Action and for Summary Judgment (Rec.Doc. 247), Defendants Equifax, Inc.’s (“Equifax”) and Equifax Credit Information Services, Inc.’s (“ECIS”) (sometimes referred to collectively as “the Equifax defendants”) Motion for Summary Judgment (Rec.Doc. 267), and Defendant CSC Credit Services, Inc.’s (“CSC”)...
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124 F.Supp.2d 1207 (2000) Elaine ROSENBERG and Micheline Nanette Sinclair, Plaintiffs, v. SEATTLE ART MUSEUM, a Washington non-profit corporation, Defendant and Third Party Plaintiff, v. Knoedler-Modarco, Inc., a Delaware corporation d/b/a Knoedler & Co., Third Party Defendant. No. C98-1073L. United States District Court, W.D. Washington, at Seattle. March 22, 2000. *1208 Stuart R. Dunwoody, ...
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98 F. Supp. 2d 729 (2000) VIRGINIA VERMICULITE, LTD., plaintiff, v. W.R. GRACE & CO.-CONN. & THE HISTORIC GREEN SPRINGS, INC., Defendant. Nos. CIV. A. 3:95CV000185, 3:96CV00012, 3:96CV00013. United States District Court, W.D. Virginia, Charlottesville Division. May 4, 2000. *730 Roger Scott Martin, Martin & Woodard, PLC, Charlottesville, VA, Jane Champion Clarke, David Zev Izakowitz, ...
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92 F. Supp. 2d 745 (2000) Dean E. MARTIN, et ux, Plaintiffs, v. MICHELIN NORTH AMERICA, INC., Defendant. No. 3:96-CV-635. United States District Court, E.D. Tennessee at Knoxville. April 6, 2000. *746 W. Holt Smith, Madisonville, TN, James M. Webster, Oak Ridge, Donald R. Elledge, Shattuck & Elledge, Clinton, TN, for Dean E. Martin, Elizabeth A. Martin, plaintiffs. Darryl G. Lowe, Lowe, Shirl...
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MEMORANDUM — DECISION AND ORDER Defendant Internal Revenue Service (“IRS)” has moved for an order extending the deadline for filing dispositive motions by six weeks. For the reasons which follow, that motion is denied. I. Background Plaintiffs Raymond P. Corkrey and Megan Flom-Corkrey commenced this action on December 18, 1998 challenging a levy by the IRS. Docket No. 1. The IRS answered on Febru...
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MEMORANDUM AND ORDER This case is brought by 435 non-smoking inmates who claim that they have been unlawfully exposed to excessive quantities of environmental tobacco smoke (“ETS”), also known as second-hand smoke. The Defendants are tobacco manufacturers and their trade associations (“private party defendants”), as well as Kathleen Hawk, the Director of the Federal Bureau of Prisons ...
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MEMORANDUM Plaintiffs’ motion to remand raises an interesting and little addressed question of removal procedure. Plaintiffs Tiffani Cartwright and La-rhonda Cartwright allege in this action that on April 3, 1998, Tiffani Cartwright, a minor, was injured in a fall and taken to the Thomas Jefferson University Hospital (“Jefferson”) Emergency Department for treatment. This case ste...
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MEMORANDUM Defendant William H. Pearson moves to dismiss for lack of personal jurisdiction, Fed.R.Civ.P. 12(b)(2), or in the alternative, to transfer to the United States District Court for the Northern District of Ohio. 28 U.S.C. § 1631. In addition, defendant Consolidated Freightways Corporation moves to transfer venue to the United States District Court for the Northern District of Ohi...
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OPINION AND ORDER Plaintiffs Susan Ackoff-Ortega, Cele Ackoff and Jon Ackoff seek a declaratory judgment under federal copyright law against defendants Windswept Pacific Entertainment Co. (Inc.) (“Windswept”), Screen Gems-EMI Music, Inc. (“Screen Gems”), and assert several state law contract claims against defendant Richard Ro-senblatt. Rosenblatt now moves to dismiss or stay plaintif...
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*252 MEMORANDUM & ORDER Lorri Galarza filed this complaint against her employer, American Home Assurance Company (“AHAC”), alleging that it subjected her to workplace sexual harassment and to retaliatory discharge, in violation of Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e et seq., and the New York Executive Law § 296 et seq. AHAC now moves for summary j...
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OPINION This matter comes before the Court on Defendant David Michael Vertz, Jr.’s motion to dismiss the indictment. David Vertz was indicted in a superseding indictment on one count of possession of firearms by a person who had been adjudicated as a mental defective and who had been committed to a mental institution, in violation of 18 U.S.C. § 922(g)(4), 1 *788 and one count of knowin...
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ORDER GRANTING PLAINTIFFS’ MOTION TO REMAND Plaintiffs filed suit against Defendants to enforce liability insurance contracts under which Plaintiffs were named as additional insureds. Plaintiffs originally brought suit in the 149th Judicial District Court of Brazoria County. Defendants timely removed the action to this Court on March 9, 2000. Now before the Court is Plaintiffs Motion ...
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MEMORANDUM OPINION AND ORDER The parties in this case have filed cross motions for partial summary judgment (doc. 12-1, 18-1), which seek resolution of a single, legal issue central to this case: whether the claims raised by the plaintiff, Guillermo Ponce, for injuries he allegedly suffered on company property when, as he was leaving work, he boarded a train owned and operated by his ...
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MEMORANDUM OPINION Pending before the court and ready for resolution in this employment discrimination case is the summary judgment motion of Defendant Washington Suburban Sanitary Commission. No hearing is deemed necessary, and the court now rules pursuant to Local Rule 105.6. For the reasons stated more fully below, Defendant’s motion will be granted. I. Background ...
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MEMORANDUM OPINION I. INTRODUCTION This case is before the court on a Motion for Summary Judgment (Doc. # 11) filed by the Defendant Webster Industries, Inc. (“Webster”) on March 8, 2000. Plaintiff Gerald W. Heliums (“Heliums”) filed his Complaint on August 31, 1999 alleging claims under the Age Discrimination in Employment Act of 1967 (“ADEA”), 29 U.S.C. § 621 et seq. Webster filed an Answer o...
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ORDER GRANTING IN PART DEFENDANT’S MOTION FOR SUMMARY JUDGMENT AND DISMISSING CASE FOR LACK OF JURISDICTION I. Introduction Defendants have filed a motion for summary judgment on all causes of action alleged by Plaintiff in the complaint. For the reasons set forth herein, the Court grants the motion for summary judgment with respect to Plaintiffs federal causes of action and declines...
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92 F.Supp.2d 1091 (2000) John E. DAHLBERG, Plaintiff, v. AVIS RENT A CAR SYSTEM, INC., Defendant. Civil Action No. 98 N 2475. United States District Court, D. Colorado. March 31, 2000. *1092 *1093 Dennis W. Brown, Baldwin & Brown, PC, Denver, CO, for plaintiff. Gregory J. Kerwin, Jeffrey E. Oraker, Gibson Dunn & Crutcher, LLP., Denver, CO, for defendant. MEMORANDUM OPINION AND ORDER NOTT...
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RULING ON DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT The plaintiff in this action seeks damages and employment reinstatement under various Connecticut common law causes of action in a seven count complaint originally filed in the Connecticut Superior Court. The defendants removed this action based on diversity of citizenship. Following removal the defendants answered the complaint and as...
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92 F.Supp.2d 973 (1999) Michael J. TEMPESTA, Plaintiff, v. MOTOROLA, INC.; Sheila and Timothy Jones, husband and wife; XYZ Corporations or Business Entities I through V, Defendants. No. Civ.A. 96-448PHXROS. United States District Court, D. Arizona. January 20, 1999. Order on Reconsideration February 2, 2000. *974 *975 *976 Judith M. Prakel, Martin Andrew Bihn, Judith M. Prakel PC, Phoenix, AZ, fo...
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MEMORANDUM AND ORDER This case is before me for decision after a bench trial. Before issuing my findings of fact and conclusions of law in accordance with Federal Rule of Civil Procedure 52(a), 1 I will briefly summarize the claims and my decision. This action was brought by parties who unsuccessfully sought to place initiative petitions on the November 1996 general electi...
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MEMORANDUM AND ORDER Plaintiff, Phyllis M. Miller (“Miller”), has filed three motions in this matter: 1) a motion to remand this case to state court; 2) a motion to dismiss the defendant’s counterclaim; and 3) a motion to stay relief upon a motion to amend filed by the defendant. I will deny all three motions. Background On October 6, 1997, Jay Elmer Miller (“Mr.Miller”) was...
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MEMORANDUM OPINION INTRODUCTION Plaintiffs Donald and Diane Young, James Burke, and Charles E. Smith Realty L.P. (“Smith Realty”) [hereinafter “plaintiffs”] commenced this lawsuit to enjoin defendants General Services Administration (“GSA”) and United States Patent and Trademark Office (“PTO”) [hereinafter “the government”] from awarding a contract to defendant-intervenor LCO...
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98 F. Supp. 2d 919 (2000) David WELLMAN, Plaintiff, v. NORFOLK AND WESTERN RAILWAY COMPANY, Defendant. No. C2-98-476. United States District Court, S.D. Ohio, Eastern Division. April 7, 2000. *920 *921 Thomas C. Wood, Jr., Columbus, OH, for plaintiff. Patrick J. Smith, (Porter, Wright, Morris & Arthur,) David W. Orlandini, (Isaac, Brant, Ledman & Teetor), Columbus, OH, for defendant. OPI...
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98 F.Supp.2d 1010 (2000) Hilda Garza WIELAND, Plaintiff, v. DEPARTMENT OF TRANSPORTATION, STATE OF INDIANA (By and Through), Defendants. No. 3:98CV0648 AS. United States District Court, N.D. Indiana, South Bend Division. May 19, 2000. *1011 *1012 *1013 Richard Carl DeLaney, Michael Hartburg, Gordon Bendall Branham McNeely and DeLaney, Huntington, IN, for Hilda Garza Wieland, plaintiff. Theresa A....
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MEMORANDUM AND ORDER This cause is before the Court on Defendants’ Motion for Summary Judgment. The parties have fully briefed the issues and the Court heard oral argument on March 17, 2000. JURISDICTION The case is brought under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. Jurisdiction is proper pursuant to 28 U.S.C. § 1331. BAC...
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ORDER This is a legal malpractice action regarding professional services rendered in a maritime lawsuit. Defendants represented Plaintiff in an action regarding injuries he sustained while working on a barge. Plaintiff contends Defendants did not sue all potentially responsible parties. Defendants have moved for summary judgment on the issues of judgmental immunity, judicial esto...
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OPINION AND ORDER Plaintiffs Howard Opera House Associates (“HOHA”) and O’Neill Crawford & Green, P.C. (“OC & G”) sued Defendant Urban Outfitters, Inc. (“Urban Outfitters”) in Chittenden Superior Court claiming nuisance and breach of contract, and sought a temporary restraining order and preliminary injunction. Urban Outfitters filed for removal to this Court on the basis of diversity jurisdictio...
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ORDER AND OPINION On June 27, 1997 Mary Kirkpatrick, Esq. and Mary Kehoe, Esq. brought this civil action on behalf of two teenage girls, Plaintiffs Jane Doe I and Jane Doe II, against Defendant Merit Behavioral Care Corporation (“Merit”) for first party bad faith denial of medical insurance benefits. On December 29, 1999 Merit filed a Motion to Dismiss Plaintiffs’ claims for fail...
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ORDER GRANTING PLAINTIFFS’ MOTION FOR CLASS CERTIFICATION This cause having come before the Court on the Plaintiffs’ Motion for Class Certification [DE-41], and the Court being otherwise fully advised in the premises, states as follows: FINDINGS OF FACT AND LAW Plaintiffs brought suit against Defendants in a one-count complaint for violations of Title III of the Americans With Disabilities Act,...
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98 F.Supp.2d 988 (2000) TY, INC., Plaintiff, v. The JONES GROUP, INC., Defendant. No. 99 C 2057. United States District Court, N.D. Illinois, Eastern Division. June 5, 2000. *989 *990 Avrum Sidney Katz, James Patrick White, Julie Anne katz, Scott Michael Gettleson, Louise T. Walsh, Welsh & Katz, Ltd., Chicago, IL, for plaintiff. Andrew M. Hale, Rock, Fusco & Garvey, Chicago, IL, Joseph Jo...
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98 F. Supp. 2d 209 (2000) Jerry MILANO v. Kenneth S. APFEL, Commissioner of Social Security No. 3:98CV95 AWT. United States District Court, D. Connecticut. March 7, 2000. *210 John Senich, Cheshire, CT, for Plaintiff. Deidre Ann Martini, U.S. Attorney's Office, Bridgeport, CT, for Defendant. ENDORSEMENT ORDER THOMPSON, District Judge. Upon review and pursuant to 28 U.S.C. § 636(b) and Rule 2 of ...
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98 F.Supp.2d 54 (2000) Elizabeth GANZI, Greater Washington Exploratory Committee Plaintiffs v. THE WASHINGTON-BALTIMORE REGIONAL 2012 COALITION, Kenneth R. Sparks, Federal City Council, Donald E. Graham Mary Junck, Alfredo La Mont, the United States Olympic Committee, Marion Barry, Defendants No. CIV.A. 99-CV-3379JLG. United States District Court, District of Columbia. May 25, 2000. Larry Klayman...
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MEMORANDUM AND ORDER Before the court are the following: 1. The City of Wichita’s objections (Docs. 323 & 362) to Magistrate Judge Humphreys’ December 27, 1999 and January 12, 2000 discovery orders (Docs. 301 & 318); 2. Defendant Vulcan Materials’ responses on behalf of the Steering Committee (Docs. 352 & 367); 3. The City’s reply (Doc. 382); 4. Defendants Reid Supply Company, Charles Trombold ...
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MEMORANDUM AND ORDER Plaintiff Mohammad Hossain brought this civil action against the defendants, Rauscher Pierce Refsnes, Inc. and Regional Operations Group, Inc., seeking to recover funds the defendants allegedly withdrew from his brokerage account without his permission. Hossain’s complaint consisted of two counts, a breach of contract claim and a bailment claim. The defendants moved for sum...
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98 F. Supp. 2d 141 (2000) UNITED STATES of America, ex rel. Timothy J. WALSH, Plaintiff, v. EASTMAN KODAK COMPANY, Abbott Laboratories, Tyco International, Ltd., f/k/a The Kendall Company, E.I. Dupont de Nemours and Company, Miles, Inc., Picker International, Inc., Baxter Healthcare Corporation, Dade Diagnostics International, Dade Microscan, Inc., The Carney Hospital, Inc., Individually and on b...
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ORDER This matter is before the court on a joint motion to dismiss for lack of personal jurisdiction filed by the defendants Thermedics Inc. (“Thermedics”) and Thermo Electron Corporation (“Thermo Electron”). The matter is fully briefed and ripe for the court’s consideration. For the reasons set forth below, the defendants’ motion to dismiss for lack of personal jurisdiction is denied. I. Facts...
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MEMORANDUM ORDER This is an action by plaintiff Todd Herman, suing under the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq., after defendant Raytheon withdrew a provisional offer of employment as a sheet metal assembler. Currently before the court is Raytheon’s motion for summary judgment. Because the court finds that the present matter turns on a credibility determination involving ...
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MEMORANDUM AND ORDER Plaintiff Jerry Goetz brings this appeal pursuant to the Administrative Procedure Act (“APA”), 5 U.S.C. § 551, et seq. Under the Beef Promotion and Research Act (“BPA”), the Secretary of Agriculture (“Secretary”) has ordered Goetz to pay assessments, late charges and a civil penalty. Goetz filed a separate civil rights action challenging the constitutionality of t...
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FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER In this diversity breach of contract action, Plaintiff Scott’s Liquid Gold (Scott’s) seeks indemnification from Defendant Lexington Insurance Company (Lexington) for claims brought against Scott’s in previous litigation by the United States Army and the South Adams County Water and Sanitation District (SACWSD) concerning groundwater contamin...
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98 F. Supp. 2d 769 (2000) UNITED STATES of America, Plaintiff, v. Kirksey McCord NIX, Jr. and John Elbert Ransom, Defendant. No. Crim. 1:91CR40PR. United States District Court, S.D. Mississippi, Southern Division. May 30, 2000. *770 John Morgan Dowdy, Jr., U.S. Attorney's Office, Jackson, MS, Richard T. Starrett, James B. Tucker, U.S. Attorney's Office, Jackson, MS, Peter H. Barrett, U.S. Attorne...
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98 F.Supp.2d 119 (2000) Alan L. BALLINGER, Petitioner, v. Forbes BYRON, Superintendent, MCI Concord, et al., Respondents. No. 98-12377-REK. United States District Court, D. Massachusetts. May 25, 2000. *120 Alan L. Ballinger, Bridgewater, MA, petitioner pro se, Joseph F. Krowski, Brockton, MA, for Alan L. Ballinger, petitioner. Susanne G. Levsen, Assistant Attorney General, Criminal Bureau, Bosto...
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101 F. Supp. 2d 26 (2000) Craig C. BURNHAM, Individually and as Trustee of the Franklin Street Realty Trust, and Burnham Associates, Inc., Plaintiffs v. CITY OF SALEM, MASSACHUSETTS, City of Salem Conversation Commission, Leo Tremblay, Individually and as Inspector of Buildings of the City of Salem, and Neil J. Harrington, Individually and as Mayor of the City of Salem, Massachusetts, Defendants ...
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98 F.Supp.2d 150 (2000) Richard T. KRANTZ, Plaintiff, v. FIDELITY MANAGEMENT & RESEARCH, COMPANY, Fidelity Distributors Corporation, and FMR Corp., Defendants. No. CivA 98-11988-PBS. United States District Court, D. Massachusetts. May 31, 2000. *151 Susan E. Stenger, Perkins, Smith & Cohen, Boston, MA, Jeffrey M. Haber, Joel C. Feffer, Stuart D. Wechsler, Wechsler, Harwood, Halebian &...
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MEMORANDUM AND ORDER I. Introduction This case involves a dispute over the reregistration of an internet domain name, LJK.com. Plaintiff, Lawrence J. Kilgallen d/b/a LJK Software, claims that the defendant, Network Solutions, Inc. (“Network Solutions” or “NSI”), committed a breach of contract when it transferred the domain name to a third person. Network Solutions claims that plaintiff wa...
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98 F.Supp.2d 602 (2000) In re CENDANT CORPORATION PRIDES LITIGATION. No. CIV. 98-2819(WHW). United States District Court, D. New Jersey. June 7, 2000. *603 B. John Pendleton, Jr., McCarter & English, Newark, NJ, for Mellon. Gerald Ford, Landman Corsi Ballaine & Ford, Newark, NJ, for Chase. Carl Greenberg, Budd Larner Gross Rosenbaum Greenberg & Sade, Short Hills, NJ, for Cendant. OPI...
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113 F.Supp.2d 1250 (2000) UNITED STATES of America, Plaintiff, v. Jerry D. SCHURZ, Defendant. No. EV 97-50-C Y/H. United States District Court, S.D. Indiana, Evansville Division. May 10, 2000. Jeffrey L. Hunter, United States Attorney's Office, Indianapolis, IN, S. Robert Lyons, Stacy Hallett, U.S. Dept. of Justice, Washington, DC, for U.S. Kevin R. Patmore, Price & Collins, Santa Claus, IN, ...
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98 F. Supp. 2d 1366 (2000) Daniel Lucien ST. GERMAIN, Plaintiff, v. Daryl ISENHOWER and Vickie Lee Anderson, Defendants. Daniel Lucien St. Germain, Plaintiff, v. Michael Moore, Joanne Holman, Russell Akins, Marc A. Cianca, Peter Warren Kenny, Dr. Ralph Mora, Gwendolyn Miller, and Bernardo Fernandez, Defendants. No. 00-0013-CIV. United States District Court, S.D. Florida, Miami Division. May 30, 2...
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98 F. Supp. 2d 216 (2000) Leona McCULLEY v. SOUTHERN CONNECTICUT NEWSPAPERS, INC. No. 3:96CV1274(RNC). United States District Court, D. Connecticut. March 29, 2000. *217 *218 Leona McCulley, pro se. Kevin O'Leary, Cummings & Lockwood, Hartford, CT, for Defendant. CHATIGNY, District Judge. After review and absent objection, the recommended ruling is hereby approved and adopted. RECOMMENDED RU...
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98 F. Supp. 2d 226 (2000) MR. J., et al. v. BOARD OF EDUCATION, et al. Nos. 3:98CV1502(RNC), 3:98CV1531(RNC). United States District Court, D. Connecticut. March 29, 2000. *227 Dwight Schweitzer, W. Hartford, CT, for Plaintiff. Susan Freedman, Shipman & Goodwin, Hartford, CT, for Defendant. CHATIGNY, District Judge. After review and absent objection, the recommended ruling is hereby approved ...
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After review and absent objection, the recommended ruling is hereby approved and adopted. So ordered. RECOMMENDED RULING ON MOTIONS FOR SUMMARY JUDGMENT MARTINEZ, United States Magistrate Judge. Pending before this court are the plaintiffs Motion for Summary Judgment (doc. # 37) and the defendant’s cross Motion for Summary Judgment (doc. # 40). I recommend that the defen...
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ORDER After review and absent objection, the recommended ruling is hereby approved and adopted. RECOMMENDED RULING ON PENDING MOTIONS MARTINEZ, United States Magistrate Judge. Pending before this court are the Defendant’s Motion for Relief From April 22, 1999 Amended Judgment (doc. #51), the plaintiffs’ Supplementary Motion' for Costs and Fees Subsequent to August 14, 1998 (doc. # 56) and the...
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ORDER This pro se civil § 1983 civil action, alleging violations of due process and equal protection rights under the Fifth and Fourteenth Amendments to the United States Constitution, is currently before the court on Defendant National Commission on Certification of Physician Assistants, Ine.’s (“NCCPA” or “Defendant”) opposed motion to dismiss, Plaintiff Elena V. Sam-mons, M.D.’s (“Plaintiff’)...
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*124 MEMORANDUM — DECISION AND ORDER Presently before the Court is Plaintiffs’ motion for a preliminary injunction. For the reasons set forth below, that motion is denied and the case dismissed sua sponte. I. BACKGROUND Plaintiff Roberts is the alleged chief of the Western Mohegan Tribe and Nation, a non-federally recognized Native American tribe....
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MEMORANDUM — DECISION AND ORDER Presently before the Court is defendant Hudson City School District’s (“HCSD”) motion in limine. For the reasons set forth below, that motion is denied-in-part and granted-in-part, and the Court reserves on the issue of Dr. Gilly’s testimony. I. BACKGROUND Defendant HCSD, a central school district located in Columbia County, New York, employed Plaintiff b...
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OPINION AND ORDER Plaintiff Pierre C. Taylor brought this Title VII action against the United States Postal Service for race discrimination in employment arising out of disciplinary action against him following a confrontation with a coworker on June 18, 1997. (Id. at 3-4.) Presently before the Court is the Postal Service’s motion to dismiss, arguing that Taylor failed to e...
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MEMORANDUM AND ORDER I. Introduction Pending before the court is Plaintiff Ashraf A. Jamal’s (“Jamal”) Motion to Re *802 mand (# 10). Having reviewed the pending motion, the submissions of the parties, the pleadings, and the applicable law, the court is of the opinion that Jamal’s position is without merit. II. Background On October 29, 1999, Ja...
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98 F. Supp. 2d 801 (2000) Craig A. McGLONE, Plaintiff, v. Jerry FANNIN, Individually and in his Official Capacity as Mayor of Prestonsburg, Kentucky; and City of Prestonsburg, Kentucky, Defendants. No. CIV.A.99-205. United States District Court, E.D. Kentucky, Pikeville. April 21, 2000. James J. Barrett, III, Pillersdorf, DeRossett & Barrett, Prestonsburg, KY, for Plaintiff. Garry R. Kaplan, ...
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MEMORANDUM & ORDER On the evening of January 4, 1976, four men were sitting at the bar of the Moulin Rouge in Brooklyn, drinking, talking, and *297 watching Dallas trounce Miami in the Superbowl. W-94-95, T2-118, 206. 1 Before the game ended, one of them, Charles Hill, was shot in the head by John Whitaker, as petitioner was then known. He would later confess to th...
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101 F. Supp. 2d 103 (2000) Simon NEWMAN and Demark Dixon, Plaintiffs, v. Carlyle HOLDER, Warden MDC Detention Center, Federal Bureau of Prisons, Defendant. Nos. 98-CV-3244 (JS) (JLC), 98-CV-3243 (JS) (JLC), 99-CV-3702 (JS) (JLC). United States District Court, E.D. New York. June 6, 2000. *104 Simon Newman, Otisville, NY, Demark Dixon, Fairton, NJ, plaintiffs pro se. Kevin P. Mulry, Hilary C. Tomp...
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MEMORANDUM AND ORDER This is a case brought pursuant to, inter alia, the Federal Employers Liability Act, 45 U.S.C. § 51 (“FELA”). Plaintiff Sean Greene (“Plaintiff’) is a police officer who, at the time of his alleged injury, was employed by the Metropolitan Transit Authority (“MTA”). Plaintiff alleges that he suffered an on the job injury when he was a passenger in a Jeep...
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MEMORANDUM OPINION This is a petition to confirm an arbitration award directing the reinstatement of a *211 building superintendent on the ground that he was not properly terminated. Respondents’ principal defense is that they were not parties to the collective bargaining agreement (“CBA”) and therefore were not obliged to arbitrate the dispute. They also asserted counterclai...
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OPINION I. Background.466 A. The Parties.466 B. The JPMS-CDM Relationship.467 C. The Diversion of Product by CDM.468 D. Quality King’s Knowledge of the Diversion by CDM.468 E. JPMS’s Damages.470 II. Discussion.470 A. Evidentiary Issues.471 B. Preliminary Injunction Standard.473 C. Irreparable Harm .473 D. Success on the Merits of the C...
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MEMORANDUM AND ORDER Plaintiff Jack F. Marotta (“plaintiff’ or “Marotta”) brings this action against defendant Road Carrier Local 707 Welfare Fund (“defendant” or the “Welfare Fund”), alleging that the Welfare Fund violated the Employee Retirement Income Security Act of 1974, as amended, (“ERISA”), Section 502(a)(1)(B), 29 U.S.C. § 1132(a)(1)(B), when defendant failed to provide plain...
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MEMORANDUM AND ORDER In this action, plaintiffs Elizabeth Pecere (“Pecere”) and Linda Prince (“Prince”) allege that defendant Empire Blue Cross & Blue Shield (“Empire”) has a specific policy of routinely denying treatments for pain alleviation and pain management in an arbitrary and capricious manner and without regard to medical necessity. Amended Class Action Complaint (“Compl.”) HH27, 28, 29...
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MEMORANDUM OPINION I. INTRODUCTION This case involves the Navy’s procurement policies for certain tug boat services at Port Canaveral, Florida. Plaintiff, Pet-chem, Inc., (“Petchem” or “plaintiff’) is a small business that had been providing these tug services at Port Canaveral since 1984. With Petchem’s most recent contract due to expire in fall 1999, the Navy, in the summer of 1999...
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98 F.Supp.2d 650 (2000) Derrick BEY, Plaintiff, v. PENNSYLVANIA DEPARTMENT OF CORRECTIONS, et al., Defendants. No. Civ.A. 984212. United States District Court, E.D. Pennsylvania. May 31, 2000. *651 *652 Garrett D. Page, Richard W. Rogers & Assoc., Norristown, PA, for Plaintiff. Kristen Kirk Mayock, Dalinda E. Carrero, Office of Atty. General, Philadelphia, PA, for Defendants. MEMORANDUM EDUA...
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MEMORANDUM Before the Court is an appeal filed June 26, 1998, by Defendant-Appellant New Jersey Higher Education Assistance Authority (“NJHEAA”) pursuant to 28 U.S.C. § 158(a). NJHEAA submitted a supporting brief on August 4, 1998. Plaintiff-Appellee Theresa Zierden-Landmes-ser filed no brief in opposition. On October 28, 1998, Judge McClure transferred the above-captioned matter to the under...
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MEMORANDUM Before the Court is a consolidated appeal docketed in this Court on December 18, 1997. Appellants are Patricia A. Stai-ano, United States Trustee (“U.S.Trustee”), and Sears, Roebuck & Co. (“Sears”). Pursuant to a briefing schedule set by the Court, Appellant U.S. Trustee filed a supporting brief on August 14, 1998, and an amended supporting brief on August 20, 19...
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101 F. Supp. 2d 410 (2000) UNITED STATES of America, Plaintiff, v. Carl William KRUSE, Jr. and Eastern Electric Company, Defendants. Civil Action No. 4:99cv144. United States District Court, E.D. Virginia, Newport News Division. June 6, 2000. *411 Craig P. Wittman, United States Attorney's Office, Norfolk, VA, for plaintiff. Michael J. Gardner, Megan E. Burns, Williams, Mullen, Clark & Dobbin...
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*413 MEMORANDUM AND ORDER Plaintiff R.B. filed this action on behalf of her minor child, L.B., against defendants Board of Education of the City of New York (“New York City Board”), Board of Education of the Community School District 6 (“Community Board”), and Committee for Special Education for Community School District 6 (“CSE”) (collectively “defendants”) alleging violatio...
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MEMORANDUM OPINION AND ORDER Plaintiffs, a number of Native American’ farmers, allege that defendant discriminated against them on the basis of their race in the review of their applications for credit or benefit programs and that defendant failed to review their administrative complaints of discrimination properly. They seek certification of this case as a class action. Plaintiffs designated th...
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MEMORANDUM AND ORDER This matter has been assigned to the undersigned Magistrate Judge for the resolution of discovery disputes pursuant to 28 U.S.C. § 636(b)(1)(A). Presently pending before the court is a motion filed by plaintiff seeking to have the court compel answers to interrogatories which the defendants refused to answer on various grounds, and to compel the production of documents. For t...
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OPINION ON DEFENDANT’S MOTION FOR SUMMARY JUDGMENT AND PLAINTIFF’S CROSS-MOTION FOR PARTIAL SUMMARY JUDGMENT Presently before the Court are defendant CVS Corp.’s motion for summary judgment seeking dismissal of all claims and plaintiff Jeffrey Zawadowicz’s cross-motion for partial summary judgment. For the reasons set forth below, CVS’s motion will be granted in part and denied in part, a...
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101 F. Supp. 2d 296 (2000) Julian Lancelot BURY, Petitioner, v. Janet RENO, Attorney General, et al., Respondents. No. CIV. A. 99-2906. United States District Court, E.D. Pennsylvania. June 9, 2000. *297 Steven A. Morley, Philadelphia, PA, for Petitioner. Jomes G. Sheehan, U.S.Attorney's Office, Philadelphia, PA, for Respondents. MEMORANDUM LOWELL A. REED, Jr., Senior District Judge. Julian Lanc...
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92 F. Supp. 2d 1327 (2000) Ramona POPE, et al., Plaintiffs, v. LIL ABNER'S CORPORATION d/b/a Tootsie's Caberet, Defendant. No. 98-0271-CIV. United States District Court, S.D. Florida, Miami Division. February 17, 2000. Michael S. Passano, Zuckerman, Spaeder, Taylor & Evans, LLP, Miami, FL, Gerald Pumphrey, Palm Beach Gardens, FL, for Defendant Lil Abner's Corp. Scott W. Rothstein, and Michael...
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MEMORANDUM OPINION and ORDER Came on for consideration the motion of defendant Microsoft Corporation (“Microsoft”) for summary judgment. The court, having considered the motion, the response of plaintiff, Innovad, Inc., the reply, the record, the summary judgment evidence, and applicable authorities, finds that the motion should be granted. I. Plaintiff’s Claims On November 30, 1999, ...
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*166 MEMORANDUM and ORDER TABLE OF CONTENTS I INTRODUCTION.166 II FACTUAL ALLEGATIONS.166 III STANDARD FOR DISMISSAL.168 IV CHOICE OF LAW.169 A. Principles.169 B. Application .170 C. Massachusetts’ Statute.171 D. New York’s Act.172 V CONCLUSION .172 I INTRODUCTION Plaintiffs, trustees of the Massachusetts State Carpenters...
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101 F. Supp. 2d 108 (2000) UNITED STATES of America, v. Carmine AGNELLO, Defendant. No. 00 CR 205 NG RML. United States District Court, E.D. New York. June 7, 2000. *109 Jay Goldberg, P.C., Larry Bronson and Scott Leemon, Bronson & Leemon, New York City, for plaintiff. AUSA's Bridget Rohde, Andrew Genser, Brooklyn, NY, for defendant. OPINION AND ORDER GERSHON, District Judge. On May 18, 2000...
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*49 ORDER AND MEMORANDUM Plaintiffs are graduates of Thomas College (“College”), where they had enrolled in a program leading to an Associates in Science — Medical Assistant Degree. They were unable to obtain or hold jobs as medical assistants after graduation. They then filed suit in state court against the College, Jamie Ambrose v. Thomas College (Kennebec Sup.Ct. Docket CV-99-81). Roughl...
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98 F. Supp. 2d 1261 (2000) Juanita M. FOSTER, Plaintiff, v. ALLIEDSIGNAL INC., Defendant. No. Civ.A. 97-4232-CM. United States District Court, D. Kansas. May 23, 2000. *1262 *1263 David O. Alegria, McCullough, Wareheim & LaBunker, P.A., Topeka, KS, for Juanita M Foster, plaintiff. William C. Martucci, Eric W. Smith, Shook, Hardy & Bacon L.L.P., Kansas City, MO, Patrick W. McGovern, Morris...
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ORDER I. INTRODUCTION These consolidated employment discrimination cases allege causes of action under Title VII, 42 U.S.C. § 2000e et seq., and 42 U.S.C. § 1981. The principal action, Lott v. Westinghouse Savannah River Co., Inc., et al., C.A. No. 1:98-2075-22, is a putative class action brought by 98 named Plaintiffs on behalf of a potential class of over 4,000 former, current and future Africa...
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MEMORANDUM OPINION AND ORDER Recent amendments to the Fair Credit Reporting Act (“FCRA”) impose duties upon persons who furnish information to credit reporting agencies. When a fur-nisher has received notice from a credit reporting agency that the information it has provided is in dispute, the furnisher is required to reinvestigate the credit information. See 15 U.S.C. § 16...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW Plaintiff, Amerikam Inc. (“Amerikam”), designs and manufacturers plumbing fixtures. Defendant, Home Depot, Inc. *811 (“Home Depot”), is a nationwide designer and retailer of materials and fixtures for the home. On July 7, 1999, Amerikam filed suit alleging that Home Depot was selling faucets, and in particular valve assemblies, that...
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MEMORANDUM OPINION Presently pending before the court is petitioner’s motion for relief from judgment filed pursuant to Rule 60(b)(1) and (2) of the Federal Rules of Civil Procedure. By opinion and judgment entered August 16, 1999 (docket # 5-# 6), the Court dismissed petitioner’s application for habeas corpus relief brought pursuant to 28 U.S.C. § 2254 because it was barred by the on...
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OPINION In 1995 Plaintiff Kalamazoo River Study Group (“KRSG”) filed this action against eight corporations under the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (“CERCLA”), 42 U.S.C. § 9601, et seq., the Michigan Natural Resources and Environmental Protection Act (“NREPA”), M.C.L.A. § 324.20101 et seq. and various common law theories. Through this action Plaint...
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MEMORANDUM AND ORDER Plaintiff Braintree Laboratories, Inc., the assignee of United States Patent No. 4,870,105, (hereafter ’105 patent) brought this patent infringement action against defendants Nephro-Tech, Inc. and G.P. Georges III, alleging that defendants’ mar *1303 keting and distribution of their calcium acetate product infringes the ’105 patent. A jury trial in th...
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MEMORANDUM AND ORDER This case arises from the sale of a used Chevrolet truck with a troubled title history. Plaintiffs, purchasers of the truck, filed suit based on defendant C & C Auto Sales, Inc.’s (hereinafter “C & C”) alleged misrepresentations about the truck’s mileage, transmission, and title. At present, however, only issues related to the truck’s title are before the court. C...
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98 F. Supp. 2d 1224 (2000) THERMAL COMPONENTS COMPANY, Plaintiff, v. Steve GRIFFITH, Mike Redus, Joshua Blakey, Bill Wilson, and Thermotech, Inc., Defendants. No. 00-2103-JWL. United States District Court, D. Kansas. April 17, 2000. *1225 *1226 Steven D. Ruse, Shughart, Thomson & Kilroy, Overland Park, KS, for plaintiff. Steven F. Coronado, Sherman, Taff & Bangert, P.C., Kansas City, KS, ...
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MEMORANDUM AND ORDER Centennial Management Services, Inc. (“CMS”), the sole shareholder of Centennial Life Insurance Company (“CLIO”), an insurer, filed this action against CLIC’s reinsurers, Axa Re Vie, Axa Reassurance, S.A. and Axa Re Life Insurance Company (collectively “Axa”) asserting various contract and tort claims arising out of Axa’s purported breach of certain reinsurance agreements w...
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MEMORANDUM AND ORDER Pending before the court is defendant Nellcor Puritan Bennett’s motion for entry of protective order (Doc. 57). Defendant Nell-cor seeks the court to enter a protective order limiting the dissemination of certain company information. Plaintiff objects to the scope of the proposed order. Also pending before the court is defendant Nellcor Puritan Bennett’s motion to stay depo...
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98 F.Supp.2d 1269 (2000) UNITED STATES of America, Plaintiff, v. Abolfazl TAGHIZADEH and Zahra Taghizadeh, Defendants. No. Civ.A. 98-2581-CM. United States District Court, D. Kansas. May 30, 2000. *1270 Robert A. Olsen, Office of United States Attorney, Kansas City, KS, for United States of America, plaintiff. Michael B. Dunalewicz, Overland Park, KS, for Abolfazl Taghizadeh, defendants. MEMORAN...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This case came on for a bench trial before this court in May of 1997 in Charleston, South Carolina. The suit was originally filed by Rickey Bryant and his family in March of 1990 on behalf of themselves and a proposed class of similarly situated persons. In 1991, the complaint was amended to delete several common law claims, and the court g...
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MEMORANDUM This case arises under 42 U.S.C. § 405(g), as a review of a denial of disability benefits by the Social Security Administration. I. Background: On January 26, 1996, Plaintiff filed an application for disability insurance benefits. After receiving a denial of her initial application and a denial of her Request for Reconsideration, Plaintiff requested a hearing before an Admini...
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MEMORANDUM This lawsuit arises from the termination of plaintiff Robert Dubose (“Dubose”) from his position as an environmental service attendant at Temple University Hospital (“Temple”). Dubose sued his former employer as well as his former collective bargaining representative, District 1199C, National Union of Hospital and Health Care Employees, AFSCME, AFL-CIO (“Union”), alleging v...
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ORDER AND MEMORANDUM Plaintiffs, John and Margaret Hall, filed this action in state court on behalf of their daughter, Abigail Hall. Claiming that Plaintiffs’ case amounted to a claim for benefits subject to the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. § 1001 et seq., Defendant, Maine Municipal Employees Health Trust (“MMEHT” or the “Trust”) removed ...
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MEMORANDUM OF DECISION AND ORDER The Amended Complaint (Docket No. 28) sets forth three counts against three Defendants. By Count I, Boise Cascade Corporation, Inc. (“Boise” or “Plaintiff’) alleges breach of contract by Reliance National Indemnity Company, Inc. (“Reliance”). In Count II, Boise seeks reformation of an insurance policy issued by Reliance. In Count III, Boise alleges breach ...
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101 F. Supp. 2d 749 (2000) WAL-MART STORES, INC. Plaintiff v. Kurt KNICKREHM, in his official capacity as Director, Arkansas Department of Human Services Defendant. No. 4:00CV00359 GTE. United States District Court, E.D. Arkansas, Western Division. June 7, 2000. *750 Peter G. Kumpe, Williams & Anderson, Little Rock, AR, William D. Coston, Venable, Baetjer, Howard & Civiletti, Washington, ...
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101 F. Supp. 2d 311 (2000) James BAILEY, Plaintiff, v. UNITED AIRLINES, INCORPORATED, Defendant. Civil Action No. 97-5223. United States District Court, E.D. Pennsylvania. June 13, 2000. Michael J. Torchia, Jenkintown, PA, for plaintiff. Otto W. Immerl, Philadelphia, PA, for defendant. MEMORANDUM LOWELL A. REED, Jr., Senior District Judge. Plaintiff James Bailey ("Bailey") initiated this lawsuit...
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MEMORANDUM The question at hand is whether Defendants’ Amended and Restated Counterclaim for'Reformation, filed without leave of court and after dismissal with prejudice of the original reformation counterclaim, now properly is, or should be, before this court. The answer requires consideration of the effect of dismissal on a party’s right to amend a pleading as a matter of course under Fed. R....
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101 F. Supp. 2d 301 (2000) AMERICAN FABRICARE t/a Laundry Wearhouse, Plaintiff, v. TOWNSHIP OF FALLS, Defendant. No. CIV.A. 99-1650. United States District Court, E.D. Pennsylvania. June 13, 2000. *302 MEMORANDUM LOWELL A. REED, Jr., Senior District Judge. This action arises out of the efforts of plaintiff American Fabricare to move its laundromat facilities into a new shopping center in the To...
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94 F. Supp. 2d 907 (2000) Maria ERICKSON, individually and as personal representative of the estate of Walter Erickson, deceased, Plaintiff, v. BAXTER HEALTHCARE, INC.; Bayer Corporation; Armour Pharmaceutical Company; Alpha Therapeutic Corporation; and National Hemophilia Foundation Defendants. No. 99 C 426. United States District Court, N.D. Illinois, Eastern Division. April 5, 2000. *908 *909 ...
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ORDER AND REASONS Defendant Sea-Mar, Inc. filed a motion for summary judgment seeking to dismiss plaintiff Wendy Gonzales’s lawsuit for lack of any evidence to support her claims under Title VII of the Civil Rights Act of 1964 for sexual harassment and violation of the Pregnancy Discrimination Act (PDA), 42 U.S.C. § 2000e(k), and her claim under the Equal Pay Act, 29 U.S.C. § 206(d)(1). The...
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98 F.Supp.2d 1108 (2000) K&K JUMP START/CHARGERS, INC. and Bonnet Enterprises, LLC., Plaintiffs, v. SCHUMACHER ELECTRIC CORP., Defendant. No. 98-0905-CV-W-6. United States District Court, W.D. Missouri, Western Division. June 7, 2000. *1109 Richard R. Johnson, Shook Hardy & Bacon L.L.P., Kansas City, MO, for Plaintiffs. Gerald M. Kraai, Shughart Thomson & Kilroy PC, Kansas City, Richa...
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ENTRY DENYING PLAINTIFF’S MOTION FOR SANCTIONS On December 4, 1997, we held that the parties in this ease were bound by a settle *987 ment agreement reached on May 15,1997. 1 Pursuant to that ruling, on January 7, 1998 we entered an Order of Judgment that incorporated the terms of the agreement. In November of 1998 we denied a motion of Defendants, Aquatic Renovation Systems, Inc. (d/b/a ...
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ENTRY AFFIRMING BANKRUPTCY COURT’S GRANT OF SUMMARY JUDGMENT IN FAVOR OF AP-PELLEE PITZER Appellant, Kevin D. Brown (“Brown” or the “Debtor”), accumulated a fairly sizea-ble pension fund during the course of his now-dissolved marriage to the appellee, Danielle Pitzer (“Pitzer”). When their union soured, the parties sought to dissolve their marriage and divide their property, turning t...
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ENTRY GRANTING PLAINTIFFS’ MOTION FOR CLASS CERTIFICATION Plaintiffs, a group of Indiana automobile dealers who sell vehicles manufactured by General Motors (GM), a Delaware corporation, brought this action against GM on behalf of all Indiana dealers alleging that GM’s marketing scheme violates the Indiana Deceptive Franchise Practices Act (IDFPA, Ind.Code 23-2-2.7-2(1)) and constitutes crimina...
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ENTRY on Plaintiffs’ Motion to Compel (doc. no. 23). This Cause comes before the Court on the plaintiffs’ Motion to Compel Defendant’s Responses to Plaintiffs’ Interrogatories and Request for Documents (“Motion”) (doc. no. 23) which requests an order compelling Covington Foods to respond to the plaintiffs’ interrogatory no. 15 and requests for production nos. 16, 23, 24, and 25 which are in the f...
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98 F. Supp. 2d 1252 (2000) Rowana K. RIGGS, Plaintiff, v. The BOEING COMPANY, Defendant. No. Civ.A. 99-2090-CM. United States District Court, D. Kansas. May 19, 2000. *1253 Rowana K. Riggs, Wichita, KS, pro se. Trisha A. Thelen, Foulston & Siefkin, L.L.P., Wichita, KS, for defendant. MEMORANDUM AND ORDER MURGUIA, District Judge. This matter is before the court on defendant's, The Boeing Comp...
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OPINION AND ORDER AFFIRMING DECISION OF THE BANKRUPTCY-COURT This matter is before the court on the appeal of debtor Nan Beth Alt from a decision of the United States Bankruptcy Court (the Honorable Jo Ann C. Stevenson) dismissing the debtor’s Chapter 13 petition. For the reasons set forth below, the court AFFIRMS the decision of the bankruptcy court. I This case arises from a voluntary Chapt...
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OPINION & ORDER Plaintiff Metropolitan Council, Inc. is a tenants’ advocacy organization that opposes rent increases proposed by the Rent Guidelines Board (the “Board”), the New York City (the “City”) agency that sets the maximum annual rent increases for New York’s rent-regulated apartments. Plaintiff plans to protest the proposal, and to pressure the City’s Mayor to take steps to stop i...
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100 F. Supp. 2d 489 (2000) George MOISENKO, in his capacity as the Personal Representative of the Estate of Jutta Moisenko, deceased, and individually, Plaintiff, v. VOLKSWAGENWERK AKTIENGESELLSCHAFT aka Volkswagenwerk Gmbh, a corporation of the German Federation Republic, Defendant. No. 5:96 CV 49. United States District Court, W.D. Michigan, Southern Division. June 8, 2000. *490 Raymond R. Beha...
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OPINION INTRODUCTION This matter is before the Court on Defendants’ Motion for Summary Judgment. On February 23, 1999, Plaintiff Keith Smith filed this civil rights action against the City of Holland Board of Public Works (“BPW”), Timothy Morawski, and Linda Esparaza (collectively “Defendants”). At all times relevant to this lawsuit, Morawski was the BPW’s General Manager and Es-paraz...
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DECISION AND ORDER Plaintiff Stanley Dorf sues Ron March and several businesses controlled by March (collectively “defendant”) for breach of contract. On October 1, 1993, plaintiff entered into an agreement with defendant pursuant to which plaintiff advanced defendant $225,000 for the purpose of developing a shopping center. The agreement required defendant to commence the project or ...
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98 F. Supp. 2d 1244 (2000) FDX SUPPLY CHAIN SERVICES, INC., Plaintiff, v. The NORTH FACE, INC., Defendant. No. Civ.A. 99-2569-CM. United States District Court, D. Kansas. May 5, 2000. *1245 Marc E. Elkins, Michael J. Jerde, Morrison & Hecker L.L.P., Kansas City, MO, Mitchell G Blair, James F Lang, Calfee, Halter & Griswold, Cleveland, OH, for FDX Supply Chain Services, Inc., plaintiff. Ph...
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107 F. Supp. 2d 712 (2000) Leoncio MALPICO, Plaintiff, v. NEWMAN MACHINE CO., INC., trading as Newman/Whitney, et al., Defendants. Civil Action No. 3:98cv00089. United States District Court, W.D. Virginia, Charlottesville Division. May 5, 2000. Martin J. McGetrick, Bradford M. Young, Chandler, Franklin & O'Bryan, Charlottesville, VA, for Leoncio Malpico John Anthony Conrad, Sands, Anderson, M...
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101 F. Supp. 2d 685 (2000) UNITED STATES ex rel. Desmond WESTON, Plaintiff, v. Warden CLARK, Defendant. No. 99C5159. United States District Court, N.D. Illinois, Eastern Division. June 5, 2000. *686 Demond Weston, Joliet, IL, petitioner pro se. Chief of Criminal Appeals, Illinois Attorney General's Office, Chicago, IL, for Dwayne Clark, Warden, respondent. MEMORANDUM OPINION AND ORDER GETTLEMAN,...
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MEMORANDUM OPINION AND ORDER [¶ 1] The Sturgis Area Chamber of Commerce and the City of Sturgis bring this infringement action against Sturgis Rally & Races, Inc., and Sturgis Bike Week, Inc. This matter is before the court on motions for preliminary injunctions filed by both parties. Following an extensive hearing, and for the reasons stated below, the court holds that the Cha...
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MEMORANDUM OPINION AND ORDER Defendant Sean Miller was indicted by a grand jury because he allegedly transported child pornography and attempted to meet and engage in sexual acts with individuals he believed to be minors. Mr. Miller moves to dismiss Counts I and III for failure to charge an offense under 18 U.S.C. § 2422(b). Because I conclude that this statute makes unlawful attempts to indu...
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104 F.Supp.2d 932 (2000) 3COM CORPORATION, Plaintiff, v. ELECTRONIC RECOVERY SPECIALISTS, INC., Davis Gilbert and Leonard Caldwell, Defendants. No. 99 C 6981. United States District Court, N.D. Illinois, Eastern Division. June 9, 2000. *933 *934 *935 Anthony Joseph Carballo, Fred L. Foreman, Victor J. Pioli, Freeborn & Peters, Chicago, IL, for Plaintiff. Andrew Kopon, Jr., John P. Lynch, Jr.,...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This civil action arises under the Federal Tort Claims Act (“FTCA”), 28 U.S.C. §§ 1346, 2671-80. Plaintiffs filed a complaint for wrongful death alleging that the Veterans Administration Medical Center (“VA Medical Center”) was grossly negligent in their treatment and diagnosis of Albert L. Whitting, Jr. and that they were grossly negligent in i...
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149 F. Supp. 2d 220 (2000) VIRGIN ENTERPRISES LIMITED, Plaintiff, v. VIRGIN CUTS, INC., Defendant. No. CIV A 2:99CV1147. United States District Court, E.D. Virginia, Norfolk Division. February 18, 2000. *221 Kristin Deming Wheeler, Pennie & Edmonds, Washington, DC, Stephen Edward Noona, Kaufman & Canoles, PC, Norfolk, VA, James W. Dabney, Pennie & Edmonds, LLP, Joyce M. Ferraro, Carol...
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MEMORANDUM OPINION I. INTRODUCTION In this sex discrimination suit, Plaintiffs Michelle England (“England”) and Jane W. Wise (“Wise”) (collectively, “Plaintiffs”) have sued their former employer, United Insurance Company of America (“United”) for alleged violations of 42 U.S.C. § 2000e et seq. (“Title VII”). 1 *1092 Before the court is a Motion for S...
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ORDER This matter is before the court on plaintiffs motions pursuant to Fed.R.Civ.P. 4(d) to impose costs on defendants McPhillips (#44), Dempsey (#46), and Taylor (#48) for refusing to waive service of summons. Plaintiffs amended complaint states individual capacity claims against these defendants, based on adverse employment actions they took against plaintiff at the Douglas County Correctional ...
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MEMORANDUM AND ORDER This matter comes before the court on defendant’s Ex Parte Motion Requesting Pretrial Production of Documents Pursuant to Subpoenas (Doc. 89). Defendant argues that he needs the requested information, not provided by the government, to effectively *700prepare his defense and that .his motion should be filed under seal. First, the court does not find that defendant’s motion s...
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98 F.Supp.2d 1233 (2000) Geneva M. SMITH, as the Administrator of the Estate of Robert W. Smith, deceased, Plaintiff, v. MIDLAND BRAKE, INC., Defendant. No. Civ.A. 94-4165-DES. United States District Court, D. Kansas. May 1, 2000. *1234 *1235 *1236 Leslie E. Diehl, Goodell, Stratton, Edmonds & Palmer, Topeka, KS, for Robert W Smith, plaintiff. Mary K. Babcock, Foulston & Siefkin L.L.P., W...
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98 F.Supp.2d 1276 (2000) Jerry ALEXANDER, Cipriano Alvarado, Lavonne Anderson, John Bennett, Marty Charles, Howard Childers, Coy Cook, Scott Cook, Michael Cox, Shirley Davis, Edwin Dean, Lois Dentis, Sheri Dillman, Preston Dugan, James Emerson, Jimmy Ford, Kenneth Gaddy, Teresa Gladd, Richard Higgins, Judy Hilker, Danny Jackson, James Keeling, Danny Kelly, Diane Kelly, Dorothea Kidney, William Kn...
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98 F.Supp.2d 1287 (2000) Jerry ALEXANDER, Cipriano Alvarado, Lavonne Anderson, John Bennett, Marty Charles, Howard Childers, Coy Cook, Scott Cook, Michael Cox, Shirley Davis, Edwin Dean, Lois Dentis, Sheri Dillman, Preston Dugan, James Emerson, Jimmy Ford, Kenneth Gaddy, Teresa Gladd, Richard Higgins, Judy Hilker, Danny Jackson, James Keeling, Danny Kelly, Diane Kelly, Dorothea Kidney, William Kn...
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OPINION AND ORDER This cause is before the Court on the Motion of Nhut Van Nguyen, Phung Thi Kin Nguyen, Chau Huyah, Heiu Nguyen, John Nguyen, Trang Nguyen, and Tran Nguyen *494(“the Nguyens”) for Reconsideration of the Court’s April 19, 2000, Opinion and Order and Final Judgment. After considering the motion and the responses of Plaintiff Nationwide Mutual Fire Insurance Company (“Nationwide”)...
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98 F. Supp. 2d 1310 (2000) Jerry ALEXANDER, Cipriano Alvarado, Lavonne Anderson, John Bennett, Marty Charles, Howard Childers, Coy Cook, Scott Cook, Michael Cox, Shirley Davis, Edwin Dean, Lois Dentis, Sheri Dillman, Preston Dugan, James Emerson, Jimmy Ford, Kenneth Gaddy, Teresa Gladd, Richard Higgins, Judy Hilker, Danny Jackson, James Keeling, Danny Kelly, Diane Kelly, Dorothea Kidney, William ...
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ORDER ADOPTING AS MODIFIED THE MAGISTRATE JUDGE’S FINDINGS AND RECOMMENDATION THAT PLAINTIFF’S MOTION TO REMAND BE GRANTED AND DEFENDANTS’ MOTION TO DISMISS BE GRANTED IN PART On July 13, 1999, Defendants removed this action to federal court and one week later filed Defendants’ Motion to Dismiss, arguing, inter alia, that this Court lacked subject matter jurisdiction. On July 26, 1999, Pl...
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104 F.Supp.2d 1182 (2000) UNITED STATES of America, Plaintiff, v. Pedro LEYBA, Defendant. Crim. No. 00-55. United States District Court, S.D. Iowa. May 31, 2000. Alan R. Ostergren, Asst. U.S. Atty., Rock Island, IL, for Plaintiff. Terence L. McAtee, Asst. Federal Public Defender, Davenport, IA, for Defendant. ORDER GRANTING DEFENDANT'S REQUEST FOR PRETRIAL RELEASE PRATT, District Judge. On April...
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99 F.Supp.2d 1056 (2000) Gee Gee NICK, Plaintiff, v. MORGAN'S FOODS, INC., Defendant. No. 4:98CV786 RWS. United States District Court, E.D. Missouri, Eastern Division. June 8, 2000. Kathleen R. Sherby, Veronica A. Gioia, Timothy C. Mooney, Jr., Bryan Cave LLP, St. Louis, MO, Gee Gee Nick, pro se, St. Louis, MO, Jeremy D. Shook, Gorsuch *1057 Kirgis LLP, Denver, CO, for Gee Gee Nick, plaintiff. Ro...
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98 F.Supp.2d 1139 (2000) Mark J. BENNETT, et al., Plaintiffs, v. Dwayne D. YOSHINA, et al., Defendants. No. Civ. 97-00322 SOM/BMK. United States District Court, D. Hawaii. May 15, 2000. *1140 Steven S. Michaels, Debevoise & Plimpton, New York City, for plaintiff. *1141 Dorothy D Sellers, Deputy Attorney General, Office of Attorney General, Honolulu, HI, for defendant. ORDER DENYING PLAINTIFF...
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ORDER GRANTING IN PART AND DENYING IN PART PETITION FOR WRIT OF HABEAS CORPUS, DENYING MOTION TO DISMISS, DENYING MOTION TO STRIKE AND CLOSING THIS CASE THIS CAUSE is before the Court on the Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241, filed December 22, 1999, and Respondents’ Answer and Motion to Dismiss the Petition, filed February 1, 2000. The parties appeared b...
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OPINION This is an action for the recovery of federal income tax and interest that the *757 plaintiff, Charlevoix Country Club, Incorporated (“CCC”), alleges the defendant erroneously assessed and collected. The matter is currently before the court on motions for summary judgment filed by both parties (docket nos. 17 and 18). For the following reasons, the court denies CC...
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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 February 19, 1999. It is presently before the court on Plaintiffs motion to compel filed March 30, 2000 (Doc. # 45). BACKGROUND In this action, pursuant to the Comprehensive Environmental Response Compensation and Liability Act of 1980 (“CERCLA”), 42 U.S.C....
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DECISION This breach of contract action was tried before the undersigned in December, 1998. The parties have submitted their proposed factual findings, legal conclusions and briefs and the matter is now ripe for disposition. Accordingly, the Court now make the following: FINDINGS OF FACT I. . Plaintiff, Aircraft Guaranty Corporation (“AGC”), is a Delaware corporation wit...
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100 F. Supp. 2d 313 (2000) PHONE-TEL COMMUNICATIONS, INC., et al., Plaintiffs, v. AT & T CORPORATION, et al., Defendants. No. CIV.A. 98-6486. United States District Court, E.D. Pennsylvania. June 12, 2000. *314 Sherrie R. Savett, Philadelphia, PA, Roberta D. Liebenberg, Liebenberg & White, Jenkintown, PA, Richard J. Abt, Ledgewood Law Firm, Kenneth L. Fox, Law Offices of Kenneth L. Fox, P...
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MEMORANDUM & ORDER Before the court are plaintiffs motion for partial summary judgment on defendant’s counterclaims and defendant’s motion for sanctions and for partial summary judgment. I. Background Plaintiff Jeffrey M. Brown Associates, Inc. (JMB) provides construction management services. In 1994 and 1995, JMB entered into three contracts with three different owners to c...
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167 F. Supp. 2d 940 (2000) VOEST-ALPINE TRADING USA CORP., Plaintiff, v. BANK OF CHINA, Defendant. No. 4:95CV4954. United States District Court, S.D. Texas, Houston Division. March 13, 2000. *941 *942 J. Cary Gray, Looper Reed et al., Houston, TX, for plaintiff. Christopher Brady, Hollyer Brady Smith Troxell et al., New York City, Louis B. Paine, Jr., Glast Phillips et al., Houston, TX, Marsha Z....
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*221 OPINION and ORDER The issue before the Court is whether defendant’s assigned counsel must be disqualified due to a conflict arising from his current representation of another criminal defendant who may be called as a trial witness. The defendant Esteban Gonzalez (“defendant” or “Gonzalez”) is charged in four counts with crimes relating to his alleged repeated stabbing of a fellow inmat...
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OPINION Defendants Sugarhill Music Publishing Inc., Sugar Hill Records Ltd., Sugar Hill Records, Inc., Sugar Hill Music, Ltd., Sugar Hill Music, Inc., Sugar Hill Music Publishing, Ltd., Twenty Nine Black Music, and Joseph Robinson, Sr. (“Defendants”) have moved, pursuant to Rule 60(b), Fed. R.Civ.P., for relief from the judgment of this Court entered on March 29, 2000 in favor of plai...
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OPINION AND ORDER The Court is faced with plaintiffs counsel’s repeated failure to comply with the deadlines and orders of this Court. On three occasions, the Court has warned plaintiffs counsel that her dilatory manner of proceeding and her failure to heed the Court’s orders would result in dismissal of plaintiffs suit. Having considered counsel’s most recent transgressions and the tortured his...
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MEMORANDUM AND ORDER Andrew Stokes filed a three-count complaint against his employer, Norfolk Southern Railway Company, its parent corporation Norfolk Southern Corporation, and one of his supervisors, Robert Williamson. Mr. Stokes claims he was discriminated against because of his race when his employer laid him off on February 14,1997, and then refused his repeated requests to “bump...
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OPINION The Securities and Exchange Commission (“SEC”) has moved for reconsideration of this Court’s opinion dated March 21, 2000 (the “March 21 Opinion”) pursuant to Local Rule 6.3 or, in the alternative, for certification of that opinion pursuant to 28 U.S.C. § 1292(b). This motion is opposed by a number of the parties who were granted permission to intervene in this action in the M...
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MEMO OPINION By Notice of Motion dated April 10, 2000, the law firm of Baker & McKenzie moved for clarification concerning ownership of the retainer paid to Baker & McKenzie for services rendered prior to the November 17, 1999 asset freeze order in this action. This motion is opposed by Carl H. Loewenson, Jr. (the “Receiver”). Oral argument was held on May 3, 2000, at which time the m...
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98 F.Supp.2d 1299 (2000) Jerry ALEXANDER, Cipriano Alvarado, Lavonne Anderson, John Bennett, Marty Charles, Howard Childers, Coy Cook, Scott Cook, Michael Cox, Shirley Davis, Edwin Dean, Lois Dentis, Sheri Dillman, Preston Dugan, James Emerson, Jimmy Ford, Kenneth Gaddy, Teresa Gladd, Richard Higgins, Judy Hilker, Danny Jackson, James Keeling, Danny Kelly, Diane Kelly, Dorothea Kidney, William Kn...
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ORDER This cause is before the Court on Defendant Blue Cross and Blue Shield of Florida, Inc.’s Motion For Leave to Amend Affirmative Defenses (Doc. #24; Motion), filed on February 4, 2000. Plaintiffs Response to Defendant’s Motion For Leave to Amend (Doc. # 25; Opposition) was filed on February 18, 2000. Plaintiff states she began working for Defendant in October 1990 as a computer operator. Se...
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ORDER I. Status Defendants are charged with violations of the Federal Food, Drug and Cosmetic Act. In that regard, it is alleged, in part, that Defendants “were engaged in the manufacture, promotion, use, and sale of ozone and ozone generators” for the treatment of cancer. Indictment, filed on February 23, 2000, at 2; see also id. at 6. Defendants are said to have “sold ozone generators as a s...
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101 F. Supp. 2d 700 (2000) Robert Lee HOLLEMAN, Petitioner v. Charles MILLER, Respondent. No. 3:95CV0123RM. United States District Court, N.D. Indiana, South Bend Division. May 8, 2000. *701 Robert Lee Holleman, Pendleton, In, pro se. David J Bradford, David C Layden, Jenner and Block, Chicago, IL, for Robert Lee Holleman. James B Martin, Barbara Gasper Hines, Indiana Attorney General, Indianapol...
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MEMORANDUM AND ORDER Sheldon Swartzentruber sues his employer, Gunite Corporation, alleging religious discrimination in violation of Title VII of the Civil Rights Act, 42 U.S.C. § 2000e. Pursuant to Rule 56 of the Federal Rules of Civil Procedure, Gunite requests that the court enter summary judgment in its favor. A motion for summary judgment should be granted when there is no g...
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104 F.Supp.2d 1009 (2000) NORTHERN INDIANA GUN & OUTDOOR SHOWS, INC., Plaintiff, v. Brian HEDMAN and, Karl King, Defendants. No. 3:96-CV-842RM. United States District Court, N.D. Indiana, South Bend Division. May 8, 2000. *1010 Jay T Hirschauer, Hirschauer and Hirschauer, Logansport, IN, for Northern Indiana Gun & Outdoor Shows, Inc., plaintiffs. Thomas L Bodnar, Robert C Rosenfeld, South...
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OPINION This is an action for damage to CD-ROM drives shipped from Manila, Philippines to Los Angeles, California. For the reasons outlined below, summary judgment provides an appropriate means to establish defendant’s liability as well as the amount of damages based on the actual value of the goods. This case is governed by the Convention for the Unification of Certain Rules Relating to Intern...
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MEMORANDUM OPINION AND ORDER Plaintiff Bryan Real (“Plaintiff’ or “Real”), owner of United States Patent No. 4,488,664 (“the ’664 patent”) brings a patent infringement claim against Defendant Bunn-O-Matic Corporation (“Defendant” or “Bunn-O-Matic”) alleging violation of 35 U.S.C. § 271(a), (b) and (c). Bunn-O-Matic brings a motion for a Markman hearing to construe Claim 1 of the ’664 ...
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ORDER This is an antitrust and civil RICO action with pendant state claims. The case is before the Court for consideration of Defendants’ Motion to Dismiss the First Amended Complaint [Doc. 19]. For the reasons set forth below, the motion will be granted in part and denied in part. I. BACKGROUND This is a dispute between a group of Buffalo’s Café franchisees and their fr...
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106 F. Supp. 2d 14 (2000) UNITED STATES of America, v. Dexter HAZEL, Defendant. No. CRIM.A. 96-0152-05 JR. United States District Court, District of Columbia. June 8, 2000. James G. Flood, Assistant U.S. Attorney, Washington, DC, Counsel for United States. Eugene Corbett Jr., U.S. Probation Officer, Christopher Michael Davis, Davis & Davis, Washington, DC, Counsel for Defendant Hazel. MEMORANDUM...
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101 F. Supp. 2d 415 (2000) Teresa T. DIAZ, and Timothy J. Hall, Plaintiffs, v. VIRGINIA HOUSING DEVELOPMENT AUTHORITY, and National City Mortgage Co., Defendants. Civil Action No. 00-637-A. United States District Court, E.D. Virginia. June 12, 2000. *416 Barry Michael Parsons, Crowell & Moring, Washington, DC, for plaintiffs. *417 Carl F. Bowmer, Christian & Barton, L.L.P., Richmond, VA, ...
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MEMORANDUM REGARDING DEFENDANT’S MOTIONS FOR SUMMARY JUDGMENT (Docket Nos. 78,130 & 134) I. INTRODUCTION In 1998, the Yankee Candle Company (“Yankee”) sued Bridgewater Candle Company (“Bridgewater”) on five counts: 1) for violation of Yankee’s copyright on nine of its candle labels; 2) for false designation of origin under the Lanham Act, 15 U.S.C. § 1125(A)...
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94 F. Supp. 2d 689 (2000) FIDELITY & GUARANTY LIFE INSURANCE COMPANY v. John H. FREEMAN, et al. Fidelity & Guaranty Life Insurance Company v. Kathy J. Shannon, et al. Civil Nos. Y-98-1382, Y-98-1383. United States District Court, D. Maryland. April 12, 2000. *690 Stephen H. Kaufman, Baltimore, MD, for Fidelity and Guar. Life Ins. Co. H. Mark Stichel, Baltimore, MD, for U.S. Fidelity and G...
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94 F.Supp.2d 692 (2000) RSM, INC. dba Valley Gun of Baltimore, et al., Plaintiff v. Bradley A. BUCKLES, Director, Bureau of Alcohol, Tobacco and Firearms, Defendant. No. CIV. A. MJG-00-759. United States District Court, D. Maryland. April 13, 2000. Stephen Halbrook, Fairfax, VA, for RSM, Inc. Christopher Allan Conte, Silver Spring, MD, Stephen Halbrook, Fairfax, VA, for Sanford Abrams. Roann Nich...
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94 F. Supp. 2d 697 (2000) STORAGE TECHNOLOGY CORPORATION v. CCL SERVICE CORPORATION, et al. Civil Action No. DKC 98-4235. United States District Court, D. Maryland. April 18, 2000. *698 Victor G. Klingelhofer, Cohen Mohr, McLean, VA, for Storage Technology Corp. Ronald L. Spahn, Spahn, Harvis, Greenberg & Broida, Columbia, MD, for CCL Service Corp., CCL, Inc. MEMORANDUM OPINION CHASANOW, Dis...
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94 F.Supp.2d 670 (2000) Keith W. FITCH, Plaintiff, v. SOLIPSYS CORPORATION, Defendant. Civil No. AMD 99-1507. United States District Court, D. Maryland. April 6, 2000. *671 Stephanie Gordon Posner, Scott A. Thomas, Lawrence J. Quinn, Tydings & Rosenberg, LLP, Baltimore, MD, for Plaintiff. Timothy F. McCormack, Hoffberger & Hollander, LLC, Baltimore, MD, for Defendant. MEMORANDUM DAVIS, D...
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109 F. Supp. 2d 898 (2000) CLASSIFIED VENTURES, L.L.C., Plaintiff, v. SOFTCELL MARKETING, INC. and Gary Gould, an individual, Defendants. No. 98 C 7578. United States District Court, N.D. Illinois, Eastern Division. May 31, 2000. Kevin T. Conroy, Kathryn E. Ross and Janet A. Marvel of Pattishall, McAuliffe, Newbury, Hilliard & Geraldson, Chicago, IL, for Classified Ventures. Gary Fernandez of...
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101 F. Supp. 2d 1154 (2000) ADVANCED COMMUNICATIONS CORPORATION, Plaintiff, v. MCI COMMUNICATIONS CORPORATION, Defendant. No. 4:98CV00218GH. United States District Court, E.D. Arkansas, Western Division. May 19, 2000. Ted Boswell, Boswell, Tucker & Brewster, Bryant, AR, for plaintiff. Kevin A. Crass, Friday, Eldredge & Clark, Little Rock, AR, Adam A. Charnes, *1155 MCI Telecommunications ...
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OPINION AND ORDER Plaintiff Williamsbridge Manor Nursing Home (“Williamsbridge”) moves, pursuant to Federal Rule of Civil Procedure 56, to permanently enjoin an arbitration hearing related to the suspension of one of its employees, Cynthia Sullivan. Defendant, New York’s Health & Human Services Employers Union 1199/SEIU, AFL-CIO (the “Union”), which represents Sullivan, opposes the mo...
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101 F. Supp. 2d 691 (2000) Beverly BOWERS, Plaintiff, v. RADIOLOGICAL SOCIETY OF NORTH AMERICA, INC., and Dana Davis, individually, Defendants. No. 98 C 7431. United States District Court, N.D. Illinois, Eastern Division. June 12, 2000. *692 Penny Nathan Kahan, Penny Nathan Kahan & Associates, Ltd., Chicago, IL, Elena M. Dimopoulos, Law Offices of Edward T. Stein, Chicago, IL, for Plaintiff. ...
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101 F. Supp. 2d 697 (2000) BERTHOLD TYPES LTD., an Illinois corporation, Plaintiff, v. ADOBE SYSTEMS, INCORPORATED, a Delaware corporation, Defendants. No. 00 C 1490. United States District Court, N.D. Illinois, Eastern Division. June 12, 2000. Douglas N. Masters, Pattishall, McAuliffe, Newbury, Hilliard & Geraldson, Chicago, IL, for Plaintiff. James A. McGurk, Attorney at Law, Robert A. Filp...
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100 F. Supp. 2d 815 (2000) Dennis CHU, Ambassador Window and Door Co. Pension Plan and Trust, Bruce Braverman, et al., Individually And On Behalf of All Others Similarly Situated, Plaintiffs, v. SABRATEK CORPORATION, K. Shan Padda, Anil K. Rastogi, Steven L. Holden, Doron C. Levitas, Vincent J. Capponi, Alan E. Jordan, Stephan C. Beal, Elliot R. Mandell, Scott P. Skooglund, William D. Lautman, Wi...
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MEMORANDUM OPINION AND ORDER Linda Mohr was a white tenured art teacher at Austin High School (“Austin”), in Chicago, Illinois. She had taught there for 17 years, serving as chairperson of the art department from 1988 to 1995, until she was demoted in 1995 in connection with a drastic “remediation” of the school. She filed this race discrimination lawsuit under 42 U.S.C. § 2000e, ...
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OPINION This matter is before the Court on the motions of the Republic of Bolivia and the Republic of Venezuela to remand their lawsuits to the state courts in which they were originally brought and on the motion of the removing defendants for leave to take limited discovery. The removing defendants asserted two jurisdictional bases for the removal of these cases to federal court: (1)...
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MEMORANDUM OPINION AND ORDER Before the court is defendant Dennis Bolanda’s motion to dismiss plaintiffs Carlos Henderson and Charlie Richardson’s amended complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). For the following reasons, the court grants defendant’s motion to dismiss. I. BACKGROUND Plaintiffs Carlos Henderson (“Henderson”) and Charlie Richardson (“Richardson”) (...
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MEMORANDUM This is an insurance coverage dispute. Jurisdiction is founded upon diversity of citizenship. Presently before the Court are plaintiffs and defendant’s cross-motions for summary judgment. For the reasons set forth below, defendant’s motion will be granted and plaintiffs motion will be denied. *270 I BACKGROUND This action was initiated by the filing of a complaint in the Cour...
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MEMORANDUM OPINION AND ORDER The present matter comes before the court on defendant Dehler Manufacturing Co., Inc.’s (“Dehler”), motion for judgment on the pleadings pursuant to Federal Rule of Civil Procedure 12(c). Defendant moves to dismiss count one of plaintiffs complaint for breach of contract based on the statute of frauds. For the reasons set forth below, defendant’s motion is...
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101 F. Supp. 2d 1022 (2000) Michael FLANAGAN, Norbert Kuksta, Melvin Schabilion, Saul Weinstein, and Francis E. White, Plaintiffs, v. Janet RENO, Attorney General of the United States, and Drug Enforcement Agency, Defendants. No. 97 C 2083. United States District Court, N.D. Illinois, Eastern Division. June 13, 2000. *1023 David P. Schippers, Schippers & Bailey, Allan A. Ackerman, Attorney at...
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MEMORANDUM OPINION AND ORDER The plaintiffs took out “payday loans” from Check n’ Go of Illinois. Payday loans are short term loans at very high interest rates — here, up to 521.43% annually — for which the creditor requires as “security” a postdated check that can be cashed on the debtor’s next payday. The plaintiffs sued for statutory damages under the Truth in Lending Act, 15 U.S.C. § 1601, ...
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MEMORANDUM OPINION AND ORDER Ellis Bagley is an African-American who has worked in the insurance industry since 1989. He has a J.D., an M.B.A., and an L.L.M. from Northwestern University. In 1996, he made a business proposal to the defendants, collectively referred to as the Kemper Group (“Kemper”), to create a “managing general agency” to underwrite contract surety bonds and offer a companio...
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MEMORANDUM AND ORDER Plaintiffs commenced this case seeking to recover the full value of benefits they claim as former employees of National Westminster Bank, N.A. The complaint, which was originally commenced in the state court and thereafter removed, contains two causes of action — one for breach of contract and a federal claim brought pursuant to the Employee Retirement Income Secu...
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DECISION AND ORDER Defendant, Lawrence Benedict, is charged in three counts of a five-count indictment with violations of 18 U.S.C. §§ 371 and 2252(a)(1), relating to the possession and transportation of child pornography. On December 28, 1999, Magistrate Judge Jonathan W. Feldman issued a Report and Recommendation recommending that defendant’s motions to dismiss the indictment and to suppres...
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MEMORANDUM OPINION AND ORDER This matter came on for trial before the Court on February 7-11, 2000. Excerpts from several depositions were submitted to the Court following presentation of live testimony, which excerpts the Court has reviewed, as well as all exhibits introduced as evidence. The Court heard closing argument on May 18, 2000. The record is now closed and the case ripe for res...
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*543MEMORANDUM OPINION AND ORDER This matter is before the Court on Defendant’s Motion to Decertify the Class Action filed on March 6, 2000, and Motion to Reject Trial Plan filed March 14, 2000. Plaintiffs’ consolidated Memorandum in Opposition was received on March 24, 2000. Defendant’s Amended Reply was received on April 4, 2000.1 On April 19, 2000, the Court ordered the parties to file simulta...
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MEMORANDUM Appellant Universal Bank, N.A. (“Appellant” or “Bank”) appeals the Bankruptcy Court’s Order dated January 28, 2000, which declared the indebtedness of Simon J. Li (“Appellee” or “Debtor”) dischargea-ble. For the reasons that follow, the Court will vacate the Order and remand the matter to the Bankruptcy Court for further proceedings consistent with this Opinion. I. ...
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MEMORANDUM Defendant Conrail moves for summary judgment. Fed.R.Civ.P. 56. 1 Jurisdiction is federal question. 28 U.S.C. § 1331. See Order and Memorandum, March 14, 2000, Order-Memorandum, April 13, 2000, and Order, April 13, 2000. (denying plaintiffs motion to remand and defendant’s motion to dismiss, together with plaintiffs motion for reconsideration). In ...
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DECISION AND ORDER INTRODUCTION Petitioner, Marcus Garvey, while confined at the Attica Correctional Facility, filed a petition for a writ of habeas corpus under 28 U.S.C. § 2254. Following a jury trial in Supreme Court, Monroe County, petitioner was convicted on each of four counts involving the sale and possession of narcotics. These charges stemmed from two drug sales made to ...
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MEMORANDUM and ORDER on Preliminary Issues of Class Certification Plaintiffs have moved for class certification of a nationwide smoker class action. See Fed.R.Civ.P. 23(b)(3). The putative class is described as: *74All persons residing in the United States, or who were residents of the United States at the time of their deaths, who have a 20 pack-year history of smoking Defendants’ cigarettes an...
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*58 MEMORANDUM and ORDER The defendants Lencore Acoustics Corp., Jack Leonard, and Jonathan Leonard have moved to dismiss the complaint in its entirety pursuant to Fed.R.Civ.Pro. 12(b)(6) for failure to state a claim. They have moved in the alternative for a more definite statement of the claims against them, pursuant to Fed.R.Civ.Pro. 12(e). For the reasons that follow, the ...
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MEMORANDUM OPINION Claiming in its first amended complaint that it is invoking both the federal question and the diversity jurisdiction of this Court to seek a declaratory judgment and money damages, the plaintiff, which is a major electric generating and distribution utility, asks relief against the defendant, which is a cogeneration facility certified under the Public Utility Regula...
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OPINION This is a patent case. Plaintiff C.R. Bard, Inc. is a New Jersey corporation with its principal place of business in Murray Hill, New Jersey. Bard owns U.S. Patent No. 5,356,432, as reexamined (“the ’432 patent”). Plaintiff Davol Inc., a wholly owned subsidiary of Bard, is a Delaware corporation with its principal place of business in Cranston, Rhode Island. Davol markets and sell...
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MEMORANDUM AND ORDER The Defendant, City of Philadelphia has filed a motion for summary judgment seeking the entry of judgment in its favor as a matter of law on all of the Counts set forth against it in the Plaintiffs Complaint. For the reasons discussed below, the motion shall be granted. History of the Case This case arose on November 26, 1996 when Plaintiff, John Can...
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MEMORANDUM AND ORDER Plaintiff Kenneth L. Fox brings an action against against Chosen Sung Lee, Byung Lee, and State Farm Mutual Automobile Insurance Company, alleging various state law claims against the Lees and State Farm, RICO claims against State Farm, and a section 1983 claim against District Justice John T. Sachaczenski. Now before the court is the district justice’s motion to dismiss ...
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MEMORANDUM This is an action brought by named plaintiff Latanya Collier, individually as a parent and guardian of Jarrett Dykes, an infant, on behalf of themselves and others similarly situated (“plaintiff’), alleging that defendant Montgomery County Housing Authority (“MCHA”) failed to follow statutory and regulatory requirements relating to lead-based paint in public housing pursuant to the Uni...
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MEMORANDUM OPINION AND ORDER In this action, plaintiff Sue Ann Swanson asserts three separate claims arising out of her dissatisfaction with her employment relationship with defendant Allstate Insurance Company, and the termination of that employment relationship. In Count I of the amended complaint, Ms. Swanson alleges discrimination on the basis of gender, in violation of Title VII ...
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MEMORANDUM OPINION AND ORDER This case poses, most centrally, the question of what is required to make out an “exploitation” theory of liability for racial discrimination in the sale of real estate. The plaintiffs here are African-Americans who sought to buy rehabbed homes offered for sale by the defendants in or near the predominantly black Austin area on the west side of Chicago, Il...
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MEMORANDUM OPINION AND ORDER In 1998, AAR International (“AAR”) leased an airplane to Vacances Heliades and Nimelias Enterprises (the “defendants”). 1 A dispute arose about the satisfaction of the parties’ obligations under the lease, and Vacances filed a lawsuit in the First Instance Court of Athens, Greece, against AAR, Transamerica Equipment Financial Services and TA Air...
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MEMORANDUM OPINION AND ORDER David Robb lost his foot after he was injured during a switching job in East Yard of the. the Burlington Northern and Santa Fe Railway Company (the “Railway”) in Eola, Illinois. He sued the Railway under the Federal Employers’ Liability Act, 45 U.S.C. § 51 et seq. (FELA) (Count I), the Federal Safety Appliance Act, 49 U.S.C. § 20301, et se...
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94 F.Supp.2d 873 (2000) Mary Anne EIBEST, et al., Plaintiffs, v. PLANNED PARENTHOOD OF STARK COUNTY, Defendant. No. 5:99-CV-2635. United States District Court, N.D. Ohio, Eastern Division. April 21, 2000. Jack R. Baker, Baker Dublikar Beck Wiley & Mathews, Canton, OH, for Mary Anne Eibest, John L Eibest, plaintiffs. Tod T. Morrow, Black, McCuskey, Souers & Arbaugh, Canton, OH, Todd S. Bun...
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OPINION I. INTRODUCTION Plaintiff End of the Road Trust, on behalf of Plaintiffs Fruehauf Trailer Corporation and Jacksonville Shipyards, Inc., and Pension Transfer Corp. (collectively “Plaintiffs”) filed an Amended Complaint against Defendants Terex Corporation, Randolph W. Lenz, and Marvin B. Rosenberg (collectively “Defendants”) alleging breach of fiduciary duty, negligent mis...
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OPINION I. Introduction This case requires the Court to address the applicability of equitable trusts in bankruptcy, “the subject of a contentious, contradictory, and expanding body of case law.” 1 Rodman F. Mudins, Jr., (“Mullins”) appeals a December 29, 1997 final order of the Bankruptcy Court of the Dis *362 trict of Delaware granting summary judgment to Ch...
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100 F. Supp. 2d 231 (2000) Donald McHUGH, Plaintiff, v. The BOARD OF EDUCATION OF THE MILFORD SCHOOL DISTRICT, Robert D. Smith, Charles S. Postles, Jr., Defendants. No. Civ.A. 98-581 MMS. United States District Court, D. Delaware. June 5, 2000. *232 Neil R. Lapinski, Wilmington, DE, for plaintiff. Ellen Marie Cooper, Morris, James, Hitchens & Williams LLP, Wilmington, DE, for defendants. *2...
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91 F. Supp. 2d 1000 (2000) Susana GOMEZ, Plaintiff, v. CITY OF EAGLE PASS, Defendant. No. DR-95-CA-85. United States District Court, W.D. Texas, Del Rio Division. March 20, 2000. *1001 Tracey Whitely, Edinburg, TX, Jose Garza, Edinburg, TX, for Susana Gomez, plaintiff. Albert Lopez, Law Offices of Albert Lopez, San Antonio, TX, for City of Eagle Pass, The City of Eagle Pass, Texas, Raul Trevino, ...
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100 F. Supp. 2d 1 (2000) SECURITIES AND EXCHANGE COMMISSION, Plaintiff, v. CURRENT FINANCIAL SERVICES, INC., et al., Defendants. No. Civ.A. 91-3089 SSH. United States District Court, District of Columbia. May 18, 2000. *2 *3 Mark Adler, SEC, Washington, DC, for plaintiff. John D. Wogan, (Receiver), Current Financial Services, Inc., New Orleans, LA, for defendants. David W. Banner, American Equity...
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RULING ON DEFENDANT’S MOTIONS FOR SUMMARY JUDGMENT The defendant Formosa Plastic Corporation (“Formosa”) has filed a motion for summary judgment. 1 For reasons set *738 forth below, this motion is hereby GRANTED. 1. BACKGROUND FACTS AND PROCEDURAL HISTORY In February of 1990, Formosa hired the plaintiff Kevin Moss (“Moss”). In 1996, Formosa promoted Moss ...
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ORDER The defendants removed this diversity case alleging that Cynthia Mclin’s employer was fraudulently joined to defeat the Court’s diversity jurisdiction under 28 U.S.C. § 1332. Because the Court finds that the defendant William 0. Humphrey’s, Inc. (Humphrey’s) was fraudulently joined, the Court has subject matter jurisdiction to hear this case. Accordingly, the defendant Humphrey’s mo...
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98 F.Supp.2d 1344 (2000) Pamela LEWIS, Plaintiff, v. CITY OF ST. PETERSBURG, Defendant. No. 8:00-CV-00128-T-17A. United States District Court, M.D. Florida, Tampa Division. May 3, 2000. *1345 Jean A. Laws, Gary, Williams, Parenti, Finney, Lewis, McManus, Watson & Sperando, Stuart, FL, for plaintiff. William N. Drake, Jr., City of St. Petersburg, St. Petersburg, FL, for defendant. ORDER KOVAC...
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ORDER THIS CAUSE is before the Court, pursuant to 28 U.S.C. § 158(a), upon Patricia Dzikowski, the Trustee for Appellant, Brian Scanlon’s, appeal of United States Bankruptcy Judge Randolph Baxter, sitting by designation, Order Regarding *868 Trustees’ Action to Recover Avoidable Transfers or Establish Ownership Pertaining to $650,000 transferred to New York Counsel, Gerst...
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101 F. Supp. 2d 1028 (2000) John DINUNZIO, Plaintiff, v. Kenneth S. APFEL, Commissioner of Social Security, Defendant. No. 99 C 2409. United States District Court, N.D. Illinois, Eastern Division. June 16, 2000. *1029 Ashley S. Rose, Law Offices of Ashley S. Rose, Glen Ellyn, IL, for plaintiff. Sherri Thornton, Assistant United States Attorney, Chicago, IL, for defendant. MEMORANDUM OPINION AND ...
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98 F. Supp. 2d 1356 (2000) FLORIDA COUNTRY CLUBS, INC., a Florida corporation, and James R. Mikes, Plaintiffs, v. CARLTON, FIELDS, WARD, EMMANUEL, SMITH & CUTLER, P.A., a Florida professional association, and Paul P. Partyka, Defendants. No. 8:99-CV-1882-T-17C. United States District Court, M.D. Florida, Tampa Division. May 23, 2000. *1357 C. Howard Hunter, III, Freeman, Hunter & Malloy, ...
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ORDER ON APPEAL THIS CAUSE is before the Court on appeal from a judgment entered June 23, 1999, by the Honorable C. Timothy Corcoran III, Bankruptcy Judge for the United States Bankruptcy Court for the Middle District of Florida. I. STANDARD OF REVIEW When the District Court reviews factual findings made by a Bankruptcy Court, those findings must be upheld unless they are fo...
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MEMORANDUM — DECISION AND ORDER Introduction Plaintiff commenced the present suit on October 12, 1999, seeking damages as a result of defendants’ alleged violation of the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. § 1692 et seq. Specifically, plaintiff alleges that defendants violated § 1692c(a)(2) of the FDCPA. Section 1692c(a)(2) prohibits a debt collect...
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ORDER AND REASONS Defendants, St. Bernard Parish School Board, Sam Boyd, Dr. Daniel Daste, and *750 Wayne Warner, 1 seek summary judgment against plaintiffs, Debra Warner (Warner) and Scott Warner, 2 based on the decision of the United States Fifth Circuit Court of Appeals in Colson v. Grohman, 174 F.3d 498 (5th Cir.1999). Debra Warne...
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100 F. Supp. 2d 509 (2000) Harvey HARDMAN, Plaintiff, v. THE UNIVERSITY OF AKRON, Defendant. No. 5:99-CV-2070. United States District Court, N.D. Ohio, Eastern Division. May 26, 2000. *510 *511 Dennis R. Thompson, Thompson Law Offices, Akron, OH, for Harvey Hardman, Plaintiff. Paul L. Jackson, Roetzel & Andress, Scott E Salsbury, Roetzel & Andress, Akron, OH, for University of Akron, The ...
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104 F.Supp.2d 18 (2000) Patricia SCOLARO, et al., Plaintiffs, v. DISTRICT OF COLUMBIA BOARD OF ELECTIONS AND ETHICS, et al., Defendants. No. CIV. A. 96-02643 (HHK). United States District Court, District of Columbia. June 14, 2000. *19 *20 Don W. Crockett, Washington, D.C., for Plaintiffs. Jacques P. Lerner, Assistant Corporation Counsel, D.C., Office of the Corporation Counsel, Special Litigatio...
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101 F. Supp. 2d 332 (2000) UNITED STATES of America, Respondent, v. Ronald Edward SMITH, Petitioner. No. Civ.A. 99-1688. United States District Court, W.D. Pennsylvania. May 30, 2000. *333 *334 W. Penn Hackney, Federal Public Defender's Office, Pittsburgh, PA, Ronald Edward Smith, pro se, FCI Cumberland, Cumberland, MD, for Ronald Edward Smith, plaintiff. MEMORANDUM OPINION LEE, District Judge. ...
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89 F. Supp. 2d 1308 (2000) Carl YORDANICH, etc., Plaintiffs, v. Lenvil H. DICKS, Defendant. No. 97-1499-CIV-J-20C. United States District Court, M.D. Florida, Jacksonville Division. March 2, 2000. Albert Mickler, Law Offices of Mickler & Mickler, Jacksonville, FL, Bambi Lynn Drysdale, Florida Legal Services, Inc., Jacksonville, FL, for Carl Yordanich. Dana G. Bradford II, Rebecca Bowen Creed,...
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FINAL ORDER ON NON-PARTY JAMES PARRILLA’S EMERGENCY MOTION TO QUASH THIRD PARTY SUBPOENAS AND REQUEST FOR SANCTIONS (# 502) INTRODUCTION Rule 45(c)(1), Fed.R.Civ.P., provides that: A party or an attorney responsible for the issuance and service of a subpoena shall take reasonable steps to avoid imposing undue burden or expense on a person subject to that subpoena. The court on behalf of which...
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AMENDED MEMORANDUM AND ORDER TABLE OF CONTENTS I. STANDARD FOR GRANTING A PRELIMINARY INJUNCTION.60 II. FACTUAL BACKGROUND.61 A. The Lynn Plan.61 B. The State Laws at Issue.62 C. The Plaintiffs.62 III. LEGAL ANALYSIS.63 A. Threat of Irreparable Harm to Plaintiffs .63 B. Likelihood of Success on the Merits.64 1. Wessman Assumed Diversity Could be a Compellin...
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100 F.Supp.2d 69 (2000) Timothy WYSE, Plaintiff, v. Lawrence H. SUMMERS, Secretary of the Department of the Treasury, Defendant. No. CIV. A. 99-10184-PBS. United States District Court, D. Massachusetts. June 15, 2000. *70 Peter H. Noone, Avery, Dooley, Post & Avery, Belmont, Kathleen Kubicki, Detroit, MI, for Timothy Wyse, Plaintiffs. Donald K. Stern, Rayford A. Farquhar, United States Attorn...
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101 F. Supp. 2d 468 (2000) Carl GARDNER, Plaintiff, v. Dick CLARK d/b/a Dick Clark Productions, Olive Enterprises, Inc., and The Robinson Property Group, Defendants. Civil Action No. 2:99cv84-D-B United States District Court, N.D. Mississippi, Delta Division. May 30, 2000. *469 Gerard F. Dunne, New York City, for plaintiff. John H. Cocke, Merkel & Cocke, Clarksdale, MS, Lowell Davis, Carle Pl...
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OPINION Juana Balbuena (“Balbuena”) has petitioned, pursuant to 28 U.S.C. § 2255, for vacatur of a sentence imposed by the Honorable Sonia Sotomayor on November 13, 1997. More specifically, Balbuena contends that she was denied her right to effective assistance of counsel under the Sixth Amendment because her attorney, Charles Lavine (“Lavine”), erroneously advised her to refrain from stipula...
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101 F. Supp. 2d 223 (2000) ROBERT HALF, INC., Plaintiff, v. ROMAC INTERNATIONAL, INC., Defendant. No. 98 CIV. 8717(RO). United States District Court, S.D. New York. June 16, 2000. Gary B. Glaser, Andrew B. Lachow, Seyfarth, Shaw, Fairweather & Geraldson, New York City, for Plaintiff. Edward G. Williams, Holland & Knight, LLP, New York City, for Defendant. OPINION AND ORDER OWEN, District...
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OPINION Defendant Stern Magazine Corporation moves to dismiss the amended complaint of plaintiff Joe Marvullo pursuant to Rule 12(b)(6), F.R. Civ. P., for failure to state a claim upon which relief can be granted. Plaintiff moves for leave to file a seconded amended complaint pursuant to Rule 15(a), F.R. Civ. P. BACKGROUND 1 Plaintiff Marvullo is a professional photograp...
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MEMORANDUM OF DECISION AND ORDER On November 23, 1999, Photoactive Productions, Inc., doing business as Creative Placement Group (“CPG” or the “plaintiff’) filed a complaint in New York Supreme Court, Suffolk County (Index No. 99-26689) alleging that AL-OR International LTD (“AL-OR” or the “defendant”) failed to pay it money due and owing as a result of services in connection with the...
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ORDER. In this action under section 502(a) of the Employee Retirement Income Security Act, 29 U.S.C. § 1132(a), a disability plan beneficiary challenged a denial of benefits. On January 28, 2000, the court granted summary judgment in favor of defendant. (Doc 27). Defendant now moves for an award of attorney fees pursuant to section 502(g) of the Act, 29 U.S.C. § 1132(g). Upon consideratio...
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101 F. Supp. 2d 44 (2000) James Bernard NELSON, Plaintiff, v. CITY OF CAMBRIDGE, Police Department of the City of Cambridge, and Unknown Officers, Defendants. No. C.A. 98-10961-NG. United States District Court, D. Massachusetts. June 2, 2000. *45 Cornelius J. Sullivan, Sullivan & Walsh, Mattapan, MA, for James Bernard Nelson, Plaintiff. Arthur J. Goldberg, City Hall, Law Department, Cambridge...
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MEMORANDUM AND ORDER Victor D. Hne has moved for reconsideration of a 108-month prison sentence imposed for possession of cocaine base with intent to distribute. More specifically, Hne asks this Court to revisit its refusal to consider an objection, raised by Hne on the day of sentencing, to the manner in which the Pre-Sentence Investigation Report (the “PSR”) calculated his guideline...
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98 F.Supp.2d 1374 (2000) Charles BARNETT, Plaintiff, v. OKEECHOBEE HOSPITAL, d/b/a Raulerson Hospital, Bernard Kruszel, M.D., and Department of Veterans' Affairs, an Agency of the United States of America, Defendants. No. 99-14363-CIV. United States District Court, S.D. Florida, Fort Pierce Division. June 6, 2000. Scott W. Leeds, Leeds & Colby, Miami, FL, for plaintiff. Jose A. Bonau, Assista...
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98 F. Supp. 2d 1334 (2000) William Christopher SMITH, et al., Plaintiffs, v. Carl ATKINSON, et al., Defendants. No. Civ.A. 98-A-947-N. United States District Court, M.D. Alabama, Northern Division. June 12, 2000. W. Lee Pittman, C. Carter Clay, Pittman, Hooks, Dutton & Hollis, P.C., Birmingham, AL, for Plaintiffs. Frank Johnston Stakely, William H. Webster, Rushton, Stakely, Johnston & Ga...
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ORDER DENYING PLAINTIFF’S MOTION FOR RECONSIDERATION This controversy involves ownership rights in the Bahia Mar Resort and Convention Center on South Padre Island, Texas. Alma Investments, Inc., of which plaintiff Khalil Pakideh is the sole shareholder, director, and officer, currently owns one hundred percent of the Bahia Mar. 1 Defendant Abolhassan Ahadi, however, contends that he and pl...
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101 F. Supp. 2d 255 (2000) Robert TAYLOR, Plaintiff, v. James T. PLOUSIS, Sheriff of Cape May County Jail, William H. Fauver, Commissioner of the Department of Corrections of the State of New Jersey, John Doe, Medical Director at the Cape May County Jail, Correctional Medical Services, John and Jane Doe, Chairman of the Board of Freeholders, John Doe, Inmate at Cape May County Jail, Dr. Jane and ...
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ORDER This matter is before the Court on Defendant’s Motion for Summary Judgment (doc. 456); the Government’s and Relator’s Response (doc. 484); Defendant’s Reply (doc. 491); the Government’s and Relator’s Motion for Partial Summary Judgment in Regards to the Liability of Helicopters *621 Sold with Defective Gears (doc. 457); Defendant’s Response (doc. 481); the Government’s ...
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101 F. Supp. 2d 496 (2000) Anthony GRAVES v. Gary JOHNSON, Director, Institutional Division, Texas Department of Criminal Justice No. CIV.A. G-00-221. United States District Court, S.D. Texas, Galveston Division. June 9, 2000. *497 Roy E Greenwood, Attorney at Law, Austin, TX, Jay W. Burnett, Attorney at Law, Houston, TX, for Anthony Graves, petitioners. Gena Blount Bunn, Texas Attorney General, ...
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98 F. Supp. 2d 694 (2000) A. Kathryn CALLWOOD, et al., Plaintiffs, v. DAVE & BUSTER'S, INC., et al., Defendants. Lisa M. Gilbert, et al., Plaintiffs, v. Dave & Buster's Inc., et al., Defendants. Nos. CIV. AMD 98-1441, CIV. AMD 98-887. United States District Court, D. Maryland. June 7, 2000. *695 Curtis J. Karpel, Silver Spring, MD, for Plaintiffs. Arthur F. Fergenson, Ballard, Spahr, et a...
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100 F. Supp. 2d 1290 (2000) Mary Lee SANKEY, Plaintiff, v. SEARS, ROEBUCK AND COMPANY, et al., Defendants. No. CIV.A. 00-A-455-N. United States District Court, M.D. Alabama, Northern Division. June 8, 2000. *1291 *1292 Donald P. McKenna, Kenneth E. Riley, Birmingham, AL, for plaintiff. Michael R. Pennington, F. Wendell Allen, Birmingham, AL, for defendant. MEMORANDUM OPINION AND ORDER ALBRITTON,...
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101 F. Supp. 2d 566 (2000) Doyle L. JOHNSON, Plaintiff, v. CITY OF MASON, Defendant. No. C-1-98-756. United States District Court, S.D. Ohio, Western Division. April 4, 2000. *567 *568 *569 B Randall Roach, Martin McCarty Richman Wright & Roach, Fairborn, OH, for Doyle L Johnson, plaintiff. Gary Edward Becker, Dinsmore & Shohl-1, Cincinnati, OH, for City of Mason, defendant. ORDER SPIEGE...
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101 F. Supp. 2d 225 (2000) Clifford A. ARREY, Petitioner, v. BEAUX ARTS II, LLC, Respondent. No. 00 CIV. 4426(LAK). United States District Court, S.D. New York. June 21, 2000. *226 Clifford A. Arrey, Petitioner Pro Se. MEMORANDUM OPINION KAPLAN, District Judge. In Romea v. Heiberger & Associates, this Court, in a decision affirmed by the Circuit, held that a three day notice sent by an attor...
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ORDER This matter is before the Court on Defendants’ Motion to Compel Arbitration and Dismiss Count IV of the Complaint (doc. 4); Plaintiffs Response (doc. 11); Defendants’ Reply (doc. 12); Plaintiffs Motion for Partial Summary Judgment *876 (doc. 16); Defendants’ Response (doc. 20); Plaintiff’s Reply (doc. 24); and the Declaration of Terry Hill in Support of Plaintiffs Motio...
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MEMORANDUM OPINION By letter dated June 2, 2000, counsel for plaintiffs in Nos. 97 Civ. 8713 and 98 Civ. 8762 sought a ruling with respect to claims of attorney-client privilege and work product protection made by counsel for the individual defendants with respect to thirteen documents that passed between counsel for the individual defendants and counsel for an in-. surance carrier which, they cl...
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OPINION Plaintiffs Reliance Insurance Company, (“Reliance”), Continental Insurance Company, (“Continental”), and Royal Insurance Company, (“Royal”), (collectively “plaintiffs” or “insurers”), seek a judgment declaring that they are not required under the provisions of a marine multi-liability excess insurance policy (“bumbershoot policy”) to indemnify the defendants: Keystone Shipping...
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OPINION This action has been remanded to this Court for supplementation of the record, see Davis v. New York City Hous. Auth., No. 99-6238, 2000 WL 232191 (2d Cir. Feb.23, 2000) (summary order), following the appeal of defendant The New York City Housing Authority (“NYCHA”) from this Court’s grant of a permanent injunction to plaintiffs Pauline Davis et al. (the “Davis Plaintiffs”) enjoinin...
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OPINION Janice and Robert Davidson move on behalf of themselves and various trusts as trustees1 to clarify the definition of the In re Cendant Securities Litigation class (the “CalPERS class”) or, in the alternative, to extend their time to request exclusion from the class (“opt out”) pursuant to Federal Rule of Civil Procedure 6(b). Cendant Corporation (“Cendant”) cross-moves to enforce this Cou...
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98 F. Supp. 2d 1223 (2000) Nanette BLAIR, Plaintiff, v. ALL STARS SPORTS CABARET, All Stars Denver, L.P., W.C.C. Acquisitions, Inc., a Colorado corporation; Lowrie Management, LLLP; Lawrence Ballani and Troy Lowrie, Defendants. No. CIV.A. 99-K-49. United States District Court, D. Colorado. June 14, 2000. Darold W. Kilmer, Mari Newman, Miller, Lane, Killmer & Greisen, LLP, Denver, CO, for Plai...
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MEMORANDUM AND ORDER The Court has under consideration Defendant Seaboard Corporation’s (Seaboard) Motion for Reconsideration of the Magistrate’s Order of October 1, 1999,1 Regarding its Motion to Compel and for Sanctions (doc. 228). Pursuant to D.Kan. Rule 7.3, Seaboard asks the Court to reconsider its previous order on four grounds. Plaintiffs oppose the motion. Seaboard suggests reconsiderat...
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101 F. Supp. 2d 588 (2000) Sedley ALLEY, Petitioner, v. Ricky BELL, Respondent. No. 97-3159-D/V. United States District Court, W.D. Tennessee, Western Division. January 18, 2000. *589 *590 *591 *592 *593 *594 *595 *596 Robert L. Hutton, Glankler Brown, PLLC, Memphis, TN, Sedley Alley, pro se, Paul R. Bottei, Henry Alan Martin, Esq., Office of the Federal Public Defender, Nashville, TN, for Sedley...
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ORDER Before the Court is Defendants’ Motion for Summary Judgment filed January 24, 2000. Plaintiff also filed a cross Motion for Summary Judgment on February 9, 2000, but given its untimely filing, 1 the Court will not consider Plaintiffs cross Motion. The Plaintiff filed her resistance on February 9, 2000. The Defendants filed their reply on February 25, 2000. Defendants’ Mot...
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ORDER Pending before the Court is Mercedes-Benz Credit Corporations’ (“MBCC”) appeal from a judgment of the bankruptcy court in favor of Trustee Erlene W. Krigel (“the Trustee”). The bankruptcy court held that the Trustee could avoid MBCC’s security interest in Debtor Gary Allen Stanley’s (“Debtor”) 1995 Peterbilt tractor because the security interest was not perfected at the time Debtor filed his...
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101 F. Supp. 2d 742 (2000) Marvin L. HEREFORD, Petitioner, v. Gary R. McCAUGHTRY, Warden, Respondent. No. 00-C-405. United States District Court, E.D. Wisconsin. May 31, 2000. *743 Marvin L. Hereford, Waupun, WI, pro se. Lara M. Herman, Assistant Attorney General, Madison, WI, for Respondent. ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS CLEVERT, District Judge. In May 1992, petitioner Marvin...
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112 F.Supp.2d 1 (2000) UNITED STATES of America, Plaintiff, v. Gerald W. WEAVER, II, Defendant. Crim. No. 92-453 (TFH). United States District Court, District of Columbia. June 7, 2000. *2 Joan Draper, Assistant U.S. Attorney, Washington, DC, for Plaintiff. Gerald W. Weaver II, Wexford, PA, pro se. MEMORANDUM OPINION THOMAS F. HOGAN, District Judge. Pending before the Court is defendant's Motion...
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ORDER ON DEFENDANT’S LIMITED OBJECTION TO RECOMMENDED DECISION The issue here is whether a child can sue for damages for personal injuries under Maine’s Unfair Trade Practices Act (“UTPA”), 5 M.R.S.A. § 213 (West Supp. 1999), where the product that allegedly caused the injuries because of a defect was *31 purchased by his parents. I conclude that under the clear language of t...
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MEMORANDUM-DECISION AND ORDER INTRODUCTION Defendant moves for summary judgment dismissing this employment discrimination action. *244 BACKGROUND Plaintiff, a black man, was first employed by defendant as a part-time bus operator on August 19, 1988. On February 9, 1990, he was promoted to full-time bus operator. Subsequently, plaintiff applied for and was offered t...
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*215 DECISION AND ORDER Plaintiffs commenced this action under the Employee Retirement Income Security Act (“ERISA”), 29 U.S.C. § 1001 et seq., seeking to recover certain retirement benefits allegedly due them under the Akzo Nobel Retirement Account Plan (“the Plan”). The original complaint contained six causes of action: two under ERISA; three state-law claims for...
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101 F. Supp. 2d 127 (2000) Gregory RICHARDSON, Plaintiff, v. Thomas A. COUGHLIN, III, et al., Defendants. No. 93-CV-6254L. United States District Court, W.D. New York. June 19, 2000. *128 Jeffrey J. Calabrese, Harter, Secrest and Emery LLP, Rochester, NY, Joseph F. Dinolfo, Culley, Marks, Rochester, NY, for Gregory Richardson, plaintiff. Gregory Richardson, Dannemora, NY, plaintiff pro se. Anne V...
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101 F. Supp. 2d 236 (2000) CARIBBEAN WHOLESALES AND SERVICE CORPORATION, Plaintiff, v. U.S. JVC CORPORATION, Defendant. No. 93 CIV. 8179(PKL). United States District Court, S.D. New York. June 22, 2000. *237 Law Offices of Norman L. Faber, New York City, Norman L. Faber, of counsel, Woods & Woods, Hato Rey, PR, Harry Woods, of counsel, Fernando Gallardo, of counsel, for Plaintiff. Golenbock, ...
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ORDER Plaintiff brings this action to review the final decision of the Commissioner of Social Security, denying his application for Supplemental Security Income (“SSI”). For the reasons outlined below, this case is hereby remanded to the Commissioner for further proceedings. In his decision, Administrative Law Judge (“ALJ”) Randall Moon stated that he was bound by an earlier ALJ’s decision ...
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101 F. Supp. 2d 227 (2000) Marquita DURANT, Plaintiff, v. NYNEX and Bell Atlantic Corporation, Defendants. No. 98 CIV. 2740(SHS). United States District Court, S.D. New York. June 21, 2000. *228 Phillipe Regis Dussek, New York City, for plaintiff. Matthew T. Miklave, Epstein Becker & Green, P.C., New York City, Joy D. Oberman, Ronald G. Burden, Saul Scheier, Joy D. Oberman, New York City, for...
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MEMORANDUM-DECISION & ORDER Presently before the Court is Petitioner Richard Desmond’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 November 25, 1998, Petitioner entered a plea of guilty to one count of conspiracy to possess with intent to distribute ...
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101 F. Supp. 2d 116 (2000) Kathleen M. PAYNE, Plaintiff, v. HUNTINGTON UNION FREE SCHOOL DISTRICT, Robert T. Lee, Carol Hartough, Cynthia Brooks, Lynn Kaufman and Eunice Marchi, in their individual capacities, Defendants. No. 99-CV-2847(JS) (ARL). United States District Court, E.D. New York. June 13, 2000. *117 Scott Michael Mishkin, Scott Michael Mishkin, PC, Islandia, NY, for Plaintiff. Juliann...
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MEMORANDUM-DECISION AND ORDER I. INTRODUCTION On September 13, 1999, plaintiffs commenced the instant action, pursuant to 42 U.S.C. § 1983, alleging that the defendants violated their rights under the Fourteenth Amendment and the Resource Conservation and Recovery Act, 42 U.S.C. §§ 6901-6992k (“RCRA”). Plaintiffs have also asserted a claim against the defendants for negligenc...
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OPINION AND ORDER Plaintiff Allen Epstein brings this action against his former employer, Kalvin-Miller International, Inc. (“Kalvin-Miller”), alleging violations of the Americans with Disabilities Act (“ADA”), 42 U.S.C. §§ 12101, et seq., the Age Discrimination in Employment Act of 1967 (“ADEA”), 29 U.S.C. §§ 623(a)(l)-(2), and the New York Human Rights Law (“NYHRL”), N.Y....
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88 F. Supp. 2d 1123 (2000) UNITED STATES of America, Plaintiff, v. Valentin LINSON, Defendant. No. 99-00015. United States District Court, D. Guam. March 15, 2000. Office of the United States Attorney, by Mikel W. Schwab, Assistant U.S. Attorney, Hagatna, Guam, for plaintiff. Office of the Federal Public Defender, by Robert E. Hartsock, Assistant Fed. Public Defender, Mongmong, Guam, for defendan...
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MEMORANDUM AND ORDER I. Introduction Westship, Inc. (“Westship”) brings this appeal from the decision of the Bankruptcy Court to allow Trident Shipworks, Inc. *859 (“Trident”), the Debtor, to assume a series of leases under 11 U.S.C. § 365 (1999). Westship contends that (1) the leases are not true leases but disguised financing transactions; and (2) the Bankr...
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MEMORANDUM-DECISION AND ORDER INTRODUCTION Plaintiff Keith Grant, an African American, brings suit against defendant Cornell University, alleging discriminatory denial of tenure and discharge, in violation of 42 U.S.C. § 1981 and the New York State Human Rights Law. 1 Presently before the Court is defendant’s motion for summary judgment. Plaintiff opposes the motion. Oral ...
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MEMORANDUM DECISION AND ORDER Plaintiff Michael Kennedy, whose cerebral palsy condition necessitates the use of a wheelchair for travel, has been unable to access the Baskins-Robin store at 737 Crouse Avenue, Syracuse, NY, because the site has no wheelchair ramp. He maintains that the owners of the property have agreed to build a ramp, but the defendant City of Syracuse (“City”) has denied them...
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98 F. Supp. 2d 793 (2000) Lee Novell LAFFITTE, v. MAERSK LINE, LIMITED. No. Civ.A. G-99-331. United States District Court, S.D. Texas, Galveston Division. June 8, 2000. Ronald L. White, White, Mackillop, Houston, TX, for Ron White, mediator. Richard Lee Melancon, Melancon and Hogue, Friendswood, TX, Michael W. Hogue, Melancon and Hogue, Friendswood, TX, for Lee Laffitte, plaintiff. James Richard ...
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MEMORANDUM DECISION AND ORDER Charles G. Potter Leather, Inc. and Skins and Leather Co., Inc. (collectively, “the Potter Companies”), appeal from two orders of the United States Bankruptcy Court for the Northern District of New York (Littlefield, J.), entered March 3 and 4, 1997, which ordered Potter Leather to pay $56,609.84 and Skins and Leather to pay $49,144.24 to the debtor-plaintiff. See ...
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MEMORANDUM-DECISION & ORDER Plaintiff commenced the instant action pursuant to 42 U.S.C. § 1983, seeking damages for violations of his due process rights. By Memorandum-Decision and Order dated August 27, 1999, familiarity with which is assumed, the Court granted, in part, Plaintiffs motion for summary judgment. See Luedeke v. Village of New Paltz, 63 F.Supp.2d 215 (N.D.N.Y.1999). Presently befor...
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MEMORANDUM-DECISION & ORDER This pro se action brought pursuant to 42 U.S.C. § 1983 was referred by this Court to the Hon. Gustave J. Di Bianco, United States Magistrate Judge, for a Report-Recommendation pursuant to 28 U.S.C. § 636(b) and Local Rule 72.3(c). No objections to the Reports Recommendation dated March 17, 2000 have been filed. In the absence of objections, the...
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120 F. Supp. 2d 1142 (2000) DANIELSON FOOD PRODUCTS, INC., Plaintiff, v. POLY-CLIP SYSTEM, International Beteligungen Ghmb, d/b/a, Poly-Clip System Corp., and Cacique, Inc., Defendants. No. 99 C 6760. United States District Court, N.D. Illinois, Eastern Division. June 21, 2000. Richard D. Grossman, Chicago, IL, for Plaintiff. Richard M. Franklin, Baker & McKenzie, Chicago, IL, Steven J. Thomp...
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122 F. Supp. 2d 923 (2000) Vanetia NEELY, individually and on behalf of all persons similarly situated, Plaintiff, v. LAW OFFICES OF KEVIN J. HERMANEK, P.C. and Heilig-Meyers Furniture Company, Defendants. No. 00 C 1337. United States District Court, N.D. Illinois, Eastern Division. June 21, 2000. *924 Christopher V. Langone, the Langone Law Firm, Chicago, IL, Lance A. Raphael, Chicago, IL, for P...
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120 F. Supp. 2d 698 (2000) RICHARDSON ELECTRONICS, LTD., Plaintiff, v. FEDERAL INSURANCE COMPANY, Defendant. No. 98 C 6865. United States District Court, N.D. Illinois, Eastern Division. June 21, 2000. *699 Scott Hodes, Ross & Hardies, Chicago, IL, for Plaintiff. Mitchell A. Orpett, Tribler Orpett & Crone, P.C., Chicago, IL, David J. Hensler, Hogan & Hartson L.L.P., Washington, DC, fo...
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121 F. Supp. 2d 673 (2000) Richard H. WAGNER, M.D., Plaintiff, v. MAGELLAN HEALTH SERVICES, INC., Patricia Penhall, Sean Cull, Ron Gerstein, Dr. Robert Sullivan, Dr. Wirthman, Polly Pope and Dr. Bruce Roberts, Defendants. No. 99 C 8235. United States District Court, N.D. Illinois, Eastern Division. June 21, 2000. *674 *675 *676 *677 Michael J. Fleck, Law Office of Michael J. Fleck, Huntley, IL, P...
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94 F.Supp.2d 663 (2000) Edward DUTTON v. MONTGOMERY COUNTY, MD., et al. Civil Action No. DKC 97-1797. United States District Court, D. Maryland. April 4, 2000. Edward L. Dutton, Sandy Spring, MD, pro se. Joann Robertson, Charles W. Thompson, Jr., Sharon V. Burrell, Montgomery County Attorney's Office, Rockville, MD, for Montgomery County, Md. Shelly E. Mintz, Judith L. Fitzgerald, Office of Attor...
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ORDER DENYING DEFENDANT’S MOTION TO DISMISS OR TRANSFER Plaintiff brings this action against Defendant Central Gulf Lines, Inc. (“CGL”) for personal injuries arising under the Jones Act and general maritime law. The injuries allegedly occurred on November 25, 1999 while Plaintiff was working aboard the M/V AUSTRAL RAINBOW, a vessel owned and operated by Defendant CGL. Originally, Plai...
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MEMORANDUM OPINION At issue before the Court is Defendant’s Motion for Judgment on the Pleadings pursuant to Rule 12(c) of the Federal Rules of Civil Procedure. The motion is directed to Count IV of the Third Amended Complaint. For the reasons set forth below, Defendant’s Motion is granted. *1146 FACTUAL BACKGROUND At the relevant times herein, Plaintiff, Aníbal Padilla (“Padilla”), w...
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*395 OPINION AND ORDER GRANTING PETITION FOR WRIT OF HABEAS CORPUS 1 I. Introduction .365 II. Facts.365 III. Procedural History.365 IV. Standard of Review.399 V. Ineffective Assistance of Counsel.400 A. Procedural Default.400 B. Ineffective Assistance of Trial Counsel .402 C. Ineffective Assistance of Appellate Counsel .409 D. Actual Absence of Counsel.41...
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120 F.Supp.2d 880 (2000) Lord Simon CAIRNS, et al., Plaintiffs, v. FRANKLIN MINT COMPANY, et al., Defendants. No. CV98-3847FMC(BQRX). United States District Court, C.D. California. June 22, 2000. *881 Shari Mulrooney Wollman, Mark S. Lee, Seth A. Gold, Alison Spear Ullendorff, Manatt, Phelps & Phillips, Los Angeles, CA, Cara R. Burns, Gradstein, Luskin & Van Dalsem, Los Angeles, CA, for P...
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101 F. Supp. 2d 319 (2000) CONSTAR, INC., Plaintiff, v. NATIONAL DISTRIBUTION CENTERS, INC., Defendant. No. Civ.A. 99-5556. United States District Court, E.D. Pennsylvania. June 23, 2000. *320 Robert W. Hayes, Cozen & O'Connor, Philadelphia, PA, for plaintiff. Robert Joseph La Rocca, Ryan, Brown, McDonell, Berger, Gibbons & La Rocca, Philadelphia, PA, for defendant. MEMORANDUM ROBERT F. ...
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MEMORANDUM AND ORDER Robert Murray filed a class action complaint on July 30, 1999 against Local 2620 and other defendants alleging violations of his constitutional rights. Murray alleges that Local 2620 has not complied with the requirements for collection of fees from workers who are not members of the union but are benefitted by the union’s collective bargaining agreements. Under 28 U.S.C. §...
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MEMORANDUM OPINION Before the Court is an issue requiring a determination regarding the applicability of United States Sentencing Guideline (“U.S.S.G.”) § 2B5.1(b)(2) to a Defendant convicted of using a modern home personal computer to make counterfeit Federal Reserve Notes. I. BACKGROUND On October 27, 1999, the Grand Jury for the Eastern District of Tennessee returned a two-count indictment ch...
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94 F.Supp.2d 1120 (2000) Veronica MART; et al., Plaintiffs, v. David BEEBE, Director of United States Immigration & Naturalization Service; et al., Defendants. Civil No. 99-1391-JO. United States District Court, D. Oregon. May 15, 2000. John S. J. Marandas, John S. Marandas, P.C., Portland, OR, for Plaintiffs. *1121 Craig J. Casey, Assistant United States Attorney, District of Oregon United S...
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RULING ON DEFENDANT’S MOTION TO DISMISS This action, brought by twenty-five individuals and their collective bargaining agent, Local 1035 International Brotherhood of Teamsters (“Local 1035”), against Pepsi-Cola Allied Bottlers, Inc. (“Pepsi”), arises out of Pepsi’s alleged failure to pay the plaintiffs overtime in violation of the federal Fair Labor Standards Act (“FLSA”) and its Con...
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101 F.Supp.2d 673 (2000) UNITED STATES of America, Plaintiff, v. William Dunavant MASK, III and Mask Cotton Company, Inc., Defendants. No. 99-20260 D. United States District Court, W.D. Tennessee, Western Division. April 27, 2000. *674 *675 Michael J. Stengel, Stengel Law Firm, Memphis, TN, Daniel A. Clancy, Anderson Law Firm, Jackson, TN, for William Dunavant Mask, defendants. William Dunavant M...
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OPINION In this action, Plaintiff Gilmer-Glenville Limited Partnership (“Gilmer-Glenville”) *793 asserts claims against Defendant United States Department of Agriculture, Rural Development 1 (“USDA”) under the Administrative Procedures Act (“APA”), the Takings Clause of the Fifth Amendment, and for breach of contract. In lieu of a trial, the parties have filed prop...
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104 F.Supp.2d 1303 (2000) UNITED STATES of America, Plaintiff, v. Douglas G. THOMPSON and Roger D. Thompson, Defendants. Nos. 99-40019-01-DES, 99-40019-02-DES. United States District Court, D. Kansas. June 9, 2000. *1304 Gregory G. Hough, Assistant United States Attorney, for plaintiffs. Melody Evans, Assistant Federal Public Defender, and Debra Egli James of Hampton & Royce L.C., Salina, KS,...
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RULING ON DEFENDANT’S MOTION FOR SUMMARY JUDGMENT Plaintiff Ori Kellman brings this action against defendant Yale-New Haven Hospital alleging that the defendant unlawfully discriminated against him on the basis of his race by terminating his employment, and then failing to rehire him, after he was involved in an on-the-job argument with a fellow employee who is the mother of his son. ...
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106 F.Supp.2d 814 (2000) BEPCO, INC.; and Heavy Duty Recycling Corporation, Plaintiffs, v. ALLIED-SIGNAL, INC.; and Allied Signal Truck Brake Systems Co., Defendants. No. Civ. 6:96CV00274. United States District Court, M.D. North Carolina. February 24, 2000. *815 *816 Norman B. Smith, Smith James Rowlett & Cohen, Greensboro, NC, J. David James, Smith James Rowlett Cohen, Greensboro, NC, for B...
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RULING ON DEFENDANT’S MOTION TO MODIFY CONDITIONS OF SUPERVISED RELEASED (paper 90) Defendant Robert Sarvis asks the Court to modify the amount of a restitution order imposed as part of his sentence for bank fraud and submitting false statements to federally-insured banking institutions in Vermont and Massachusetts. The amount of restitution was set at $12,177,059.81. Defendant requests...
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ORDER GRANTING IN PART PLAINTIFFS’ MOTION FOR PRELIMINARY INJUNCTION “My general plan would be, to make the States one as to everything con *1176 nected with foreign nations, and several as to everything purely domes tic,.” 1 Thomas Jefferson I. INTRODUCTION In 1996, Miami-Dade County, (“County”), recognized that “the Country of Cuba conti...
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RULING ON PENDING MOTIONS This is an action under section 205(g) of the Social Security Act, 42 U.S.C. § 405(g), in which plaintiff, Daniel Kyle, seeks review of the Commissioner’s denial of his claim for disability insurance benefits. Plaintiff filed an application for Social Security Disability benefits on November *229 27, 1995. On initial review and upon reconsideration by the Social ...
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RULING ON DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT Plaintiff, Michael Shoaf, brings this action against two employees of the Connecticut Department of Mental Health and Addiction Services for allegedly depriving the plaintiff of his constitutional right to a family relationship with his mentally handicapped father in violation of Title 42 U.S.C. 1983, arising out of the plaintiffs father’s dis...
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RULING ON PLAINTIFF’S MOTION TO STRIKE DEFENDANTS’I THIRD PARTY PLAINTIFFS’ JURY DEMAND Plaintiff Norwalk Cove Marina filed the instant action in admiralty to recover costs related to the repair and refitting of an 88-foot, French-built sailboat known as the S/V Odysseus, ex: Rocco, Jr. Plaintiff filed this action in rem against the vessel S/V Odysseus, Ex: S/V Rocco, Jr. and in personam ...
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101 F.Supp.2d 325 (2000) Joseph C. CALIO, III, et al., Plaintiffs, v. PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, et al., Defendants. No. CIV. A. 98-2370. United States District Court, E.D. Pennsylvania. June 26, 2000. Robert B. Famiglio, Famiglio & Associates, Media, FL, for Plaintiffs. *326 James G. Sheehan, Annetta Foster Givhan, United States Attorney's Office, Philadelphia, PA, for Defend...
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OPINION AND ORDER Plaintiffs Polar International Brokerage Corp. (“Polar”), Christopher Corroon, Peter Corroon and Faith V. Hyndman bring this securities fraud class action against various corporate and individual defendants. 1 Plaintiffs and the purported class members are former shareholders of defendant Willis Corroon. They allege that defendants violated sections 13(e) ...
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ORDER Plaintiffs Dee Hollander and Don Hollander instituted this manufacturers products liability action against Novartis Pharmaceuticals Corporation (“NPC”), formerly know as Sandoz Pharmaceuticals Corporation, alleging that Dee Hollander suffered a stroke caused by the ingestion of Parlodel, a prescription drug formulated and sold by the defendant to prevent postpartum physiological...
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101 F. Supp. 2d 485 (2000) Jack G. WHITE v. ORANGE AUTO CENTER, et al. No. 1:99-CV-311. United States District Court, E.D. Texas, Beaumont Division. June 5, 2000. *486 Louis Claiborne Dugas, Michael Jacobellis, Clay Dugas & Associates, Orange, TX, for plaintiff. Mark R. Lapidus, Jill McCarthy-Arntz, Brent Michael Cordell, Burck Lapidus & Lanza, Houston, TX, for defendants. MEMORANDUM ORD...
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OPINION AND ORDER Before the Court is a motion to intervene under Federal Rule 24 by the Asociación Farmacias de Comunidad de Puerto Rico (“Asociación”). Plaintiffs are Walgreen Company and two wholly owned subsidiaries operating in Puerto Rico (collectively ‘Wal-greens”). They bring this action pursuant to section 19831 against Carmen Feliciano de Melecio, Puerto Rico’s Secretary of Health. Walg...
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101 F. Supp. 2d 395 (2000) Joe H. MILLER and Robert W. Pearce, Jr., Plaintiffs, v. Manuel P. ASENSIO, Asensio & Company, Inc., Asensio Capital Management, Inc. and John Does 1-20 Defendants. No. C/A 2:99-1861-18. United States District Court, D. South Carolina, Charleston Division. June 16, 2000. *396 *397 David C. Franceski, Philadelphia, PA, Joseph C. Wilson IV, Charleston, SC, Allan Poe Sl...
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98 F. Supp. 2d 1323 (2000) UTAH SHARED ACCESS ALLIANCE, and Anthony Chatterley, Plaintiffs, v. Mary WAGNER, in her official capacity as Acting Forest Supervisor of Dixie National Forest; and The United States Forest Service, Defendants, and Southern Utah Wilderness Alliance, The Wilderness Society, American Lands Alliance, the Utah Chapter of the Sierra Club, the Great Old Broads for Wilderness, ...
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101 F. Supp. 2d 248 (2000) Jonathan CAMPBELL, Plaintiff, v. CITY OF NEW YORK and the New York City Employees' Retirement System, Defendants, No. 97 Civ. 0129(JES). United States District Court, S.D. New York. June 27, 2000. Carroll & Fries, New York, NY (Rosemary Carroll, of counsel), for plaintiff. Michael D. Hess, Corporation Counsel of the City of New York, New York, NY (Magda M. Deconink,...
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104 F.Supp.2d 722 (2000) UNITED STATES of America, Plaintiff, v. Manuel A. SOSA and Jose R. Idelfonso, Defendants. No. 99-CR-81144. United States District Court, E.D. Michigan, Southern Division. May 31, 2000. *723 Margaret Davis, Assistant United States Attorney, Detroit, MI, for Plaintiff's. Timothy Barkovic, St. Clair Shores, MI, for Manuel A. Sosa. Thomas V. Wilhelm, Bloomfield Hills, MI, for...
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100 F.Supp.2d 979 (2000) DECADE INDUSTRIES, d/b/a Sanus Systems, Plaintiff, v. WOOD TECHNOLOGY, INC., Defendant. No. CIV. 99-1652 (DSD/SRN). United States District Court, D. Minnesota. June 21, 2000. David R. Fairbairn, Michael J. Pape, Kinney & Lange, Minneapolis, MN, for plaintiff. Donald S. Arbour, Arbour Law Office, Malcolm E. Whittaker, Mineo & Whittaker, Charlotte, NC, for defendant...
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DECISION AND ORDER On February 23, 2000, plaintiff Joyce Campana commenced this action against her former employer, the City of Greenfield, and several City officials. She alleges (1) gender discrimination in violation of Title VII, 42 U.S.C. § 2000e, (2) that defendants violated the Equal Pay Act, 29 U.S.C. § 206(d) by paying her less than a male for doing equal work, and (3) that sh...
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MEMORANDUM OPINION AND ORDER I. FACTS AND PROCEDURAL HISTORY This cause is before the court on a Motion to Remand, filed by the Plaintiffs Randall Bevels d/b/a Harris Funeral Home and Brenda Bevels (“the Plaintiffs”) on May 24, 2000 (Doc. # 7). The Plaintiffs originally filed their Complaint in this case in the Circuit Court of Tallapoosa County, Alabama. In the Comp...
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OPINION AND ORDER FACTUAL BACKGROUND This action arises out of a dispute concerning the copyright in certain makeup designs (the “Makeup Designs” or “Designs”) created for the cast of the Broadway musical Cats (“Cats” or “the musical”). Plaintiff Candace Anne Carell (“plaintiff’) filed this action on July 12, 1999, asserting claims for copyright infringement, false...
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101 F. Supp. 2d 1189 (2000) Elias Walter WANATEE, Petitioner, v. John AULT, Warden, Respondent. No. C97-4048-MWB. United States District Court, N.D. Iowa, Western Division. June 20, 2000. *1190 *1191 *1192 F. Montgomery Brown, Des Moines, IA, for Elias Wanatee, petitioner. Assistant Iowa Attorney General Sharon K. Hall, Des Moines, IA, for John Ault, respondent. MEMORANDUM OPINION AND ORDER REGA...
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OPINION AND ORDER Plaintiff Metlife Capital Corporation (“MCC”) brings suit against its insurer Water Quality Insurance Syndicate (“WQIS”), among others, for breach of an insurance contract. See P.R. Laws Ann. tit. 26, § 1114(1) (1997) (providing that “[t]he written instrument in which a contract of insurance is set forth is the policy”). The parties agree that in this admiralty and diver...
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101 F. Supp. 2d 1145 (2000) Dennis E. JONES, Plaintiff, v. Gerald BERGE, Defendant. No. 00-C-0130. United States District Court, E.D. Wisconsin. May 19, 2000. *1146 *1147 Dennis E. Jones, pro se. Mary Burke (Ass't Atty. Gen.-State of WI), Madison, WI, for Defendant. DECISION AND ORDER ADELMAN, District Judge. On January 14, 2000, Dennis E. Jones, incarcerated at the Supermax Correctional Institu...
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EXPLANATION & ORDER Plaintiff Ali Ahmed (“Plaintiff’), an inmate at the State Correctional Institution at Mahanoy (“Mahanoy”) filed this action under 42 U.S.C. § 1983 alleging that Corrections Officer Joseph Sromovski and Sergeant John Eichenberg (“Defendants”) violated his Eighth Amendment right to be free from cruel and unusual punishment on April 3, 1998 while plaintiff was housed ...
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EXPLANATION & ORDER Plaintiff Richard Pearson (“Plaintiff’), an inmate currently housed at the State Correctional Institution at Somerset (“Somerset”) and formerly incarcerated at the State Correctional Institution at Graterford (“Graterford”), brought this suit under 42 U.S.C. § 1983 against Graterford officials, Superintendent Donald Vaughn, Deputy Superintendent William Widner, Dep...
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MEMORANDUM ORDER On February 3, 2000, plaintiff commenced this suit in Supreme Court, Bronx County, N.Y., and on February 11, 2000 served a summons with notice on defendant (a foreign corporation authorized to do business in New York) by serving the Secretary of State of the State of New York. Defendant received the summons on February 16, 2000, and removed the action to this Court on March 1...
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OPINION AND ORDER Defendants, Carlos Soto-Del Valle, Joaquin Cruz-Jiménez, Federico Villarmán-Oviedo, and Teddy León-Ayala, are charged with participating in a narcotics trafficking conspiracy in violation of 21 U.S.C. § 846 (1994). Defendants Soto-Del Valle and Cruz-Jiménez are also charged with aiding and abetting the conspiracy in violation of 18 U.S.C. § 2 (1995) and 21 U.S.C. § 841(a...
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MEMORANDUM AND ORDER The case comes before the court on the defendant’s following pretrial motions: Motion to Dismiss Based on Misconduct before the Grand Jury (Dk.19); Motion for Disclosure of Rule 404(b) Evidence (Dk.21); and Motion to Compel Discovery Regarding Informant (Dk.22). The government filed a consolidated response opposing these motions. (Dk.23). A hearing on these motions was conduc...
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ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION TO DISMISS AND DENYING PLAINTIFFS’ MOTION FOR PRELIMINARY INJUNCTION Plaintiffs, former Cold War spies who were resettled in the United States with the assistance of the Central Intelligence Agency (“CIA”), have sued the CIA for ceasing to pay an allegedly agreed-upon financial stipend to plaintiffs and for the CIA’s treatment of pla...
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MEMORANDUM AND ORDER This case (No. 96-4095) comes before the court on the defendant Colgate-Palmolive Company’s (“Colgate”) motion for summary judgment (Dk. 54). This is an employment discrimination case in which the plaintiff Rebecca L. Myers (“Myers”) alleges that Colgate discriminated against her because of her age in violation of the Age Discrimination in Employment Act (“ADEA”), 29 ...
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100 F.Supp.2d 984 (2000) Robert WIELAND, Plaintiff, v. CITY OF ARNOLD, Defendant. No. 4:98CV1600-SNL. United States District Court, E.D. Missouri, Eastern Division. June 15, 2000. *985 *986 Rick Andrew Barry, The Law Offices of Rick Barry, P.C., Clayton, MO, for Robert Wieland, plaintiff. Brian A. Spector, Spector and Wolfe, LLC, Kirkwood, MO, Robert K. Sweeney, St. Louis, MO, for Arnold, City of...
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100 F. Supp. 2d 1001 (2000) JoNell LAWYER, Plaintiff, v. HARTFORD LIFE AND ACCIDENT INSURANCE COMPANY, Defendant. No. 99-5058-CV-SW-1. United States District Court, W.D. Missouri, Southwestern Division. April 20, 2000. *1002 *1003 Russell C. Still, Harlan, Harlan & Still, Columbia, MO, for plaintiffs. *1004 Richard J. Pautler, Thompson Coburn, St. Louis, MO, for defendants. ORDER DEAN WHIPPL...
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OPINION AND ORDER Before the Court is Plaintiffs’ motion for attorneys’ fees and costs. Plaintiffs are Dr. Rosalina Ramos Padró (“Ramos”), Carroll Hunter, Thomas Jeans, and the Gay Officers Actions League (“GOAL”). Defendants are the Commonwealth of Puerto Rico and Pedro Toledo, the superintendent of the Puerto Rico Police Department. 1 Plaintiffs brought this action for declar...
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MEMORANDUM AND ORDER Background.77 The 1988 Case .77 The Appeal.78 The 1998 Case and Bestfoods .78 The Rule 60(b) Standard .78 Discussion.79 I.Prospective Application.79 II.Inequity.80 III.Futility.81 A. Operator Liability .81 B. Owner Liability.82 1. Law of the Case.82 2. Bestfoods.84 ...
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101 F. Supp. 2d 478 (2000) Linda M. HAIRE, Plaintiff, v. UNITED STATES of America and Dan Glickman, United States Secretary of Agriculture, Defendants. No. CIV.A. 3:98CV213-P-A. United States District Court, N.D. Mississippi, Western Division. June 6, 2000. *479 Ronald W. Lewis, Lewis & Associates, Oxford, MS, Lisa Scruggs Rohman, Lisa Scruggs Rohman, Tupelo, MS, for Plaintiff. Carlton W. Ree...
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MEMORANDUM AND ORDER This matter comes before the court on Plaintiffs’ Motion to Compel Further Deposition of Craig Livingstone and for Other Such Relief the Court Deems Just and Proper and the Plaintiffs’ Motion to Append Correspondence to Craig Livingstone’s Opposition to Plaintiffs’ Motion to Compel. Upon consideration of the submissions of the parties and the relevant law, the court will den...
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*52 MEMORANDUM AND ORDER This matter comes before the court on Plaintiffs’ Motion [828 & 829] to Compel Answers to Plaintiffs’ Third Set of Interrogatories to the Executive Office of the President. Upon consideration of this motion, and the opposition and reply thereto, the court will GRANT IN PART AND DENY IN PART plaintiffs’ motion, as discussed and ordered below. I. Background The underlying...
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MEMORANDUM AND ORDER This matter comes before the court on Plaintiffs’ Motion [752] to Compel Defendant Hillary Rodham Clinton to Provide Appropri- ’ ate Responses to Plaintiffs’ Second Requests for Production of Documents. Upon consideration of this motion, and the opposition and reply thereto, the court will GRANT IN PART AND DENY IN PART plaintiffs’ motion, as discussed and ordered below. I....
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MEMORANDUM AND ORDER This matter comes before the court on Plaintiffs’ Motion [944] to Compel Production of Documents Regarding Second Request to the Executive Office of the President and for Further Relief the Court Deems Just and Proper. Upon consideration of this motion, and the opposition and reply thereto, the court will GRANT IN PART, DENY IN *308PART, AND DEFER IN PART plaintiffs’ motion...
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MEMORANDUM OPINION This matter comes before the court on Plaintiffs’ Supplemental Brief to their Motion to Compel the Production of Documents Regarding their Second Request to the Executive Office of the President (“EOP”) Regarding ARMS E-mail. This court issued a prior ruling, on May 17, 2000, on the Plaintiffs’ Motion to Compel the Production of Documents. In that order, however, the court de...
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MEMORANDUM AND ORDER This matter comes before the court on Plaintiffs’ Motion [827] to Compel Answers to Plaintiffs’ First Set of Interrogatories to the Executive Office of the President Pursuant to Court Order of April 13, 1998. Upon consideration of this motion, and the opposition and reply thereto, the court will GRANT the plaintiffs’ motion. I. Background The underlying allegations in this ...
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MEMORANDUM AND ORDER This matter comes before the court on Plaintiffs’ Motion to Compel Further Deposition Testimony and Production of Documents from Thomas F. McLarty, III. Upon consideration of the written submissions of the parties and the relevant law, the court will GRANT IN PART and DENY IN PART plaintiffs’ motion, as discussed and ordered below. I. Background The underlying allegations i...
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MEMORANDUM AND ORDER Before the Court is the petition of the United States and the Office of the Inspector General of the Legal Services Corporation (LSC OIG) for summary enforcement of two administrative subpoenas issued pursuant to section 6(a)(4) of the Inspector General Act of 1978, 5 U.S.C. app. 8 § 1 et seq. (1994). Respondents Legal Services of New York City (LSNY) a...
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101 F.Supp.2d 1 (2000) Ronald L. BROWN, Plaintiff, v. WHEAT FIRST SECURITIES, INC., et al., Defendants. No. Civ. 99-CV-01776(LFO). United States District Court, District of Columbia. June 13, 2000. Stephen Martin Kohn, David Keith Colapinto, Kohn, Kohn, & Colapinto, P.C., Washington, DC, for Ronald L. Brown. Stephen Gregory Topetzes, Paul Gonson, Kirkpatrick & Lockhart, L.L.P., Washington...
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101 F. Supp. 2d 422 (2000) The MORROW CORPORATION, et al., Plaintiffs, v. HARLEYSVILLE MUTUAL INSURANCE CO., et al., Defendants. No. Civ.A. 99-1782-A. United States District Court, E.D. Virginia, Alexandria Division. June 22, 2000. *423 *424 Michael O. Hill, Joseph James Green, Collier, Shannon, Rill & Scott, Washington, D.C., for plaintiffs. Edward Harrison Grove, III, Brault, Palmer, Grove,...
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ORDER A hearing on post-trial matters was held on June 9, 2000. Joachim Morrison and Roblin Williamson telephonically participated on behalf of Plaintiffs; Michael Arch participated in person on behalf of Defendant. This Order is entered to memorial *1247 ize and supplement the oral rulings of the Court. This matter is briefly summarized as follows. Plaintiffs are ten mi...
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MEMORANDUM AND ORDER The case comes before the court on the defendant’s motion in limine. (Dk.45). The defendant seeks an order that directs the prosecutor and/or government witnesses from mentioning or otherwise referring to: (1) the investigation and search of Mr. Ransom’s residence in February of 1995, including the items seized during that search; (2) photographs, video tapes, and other items ...
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*1280 MEMORANDUM AND ORDER This is an action to review the final decision of the defendant Commissioner of Social Security (“Commissioner”) denying the claimant John L. Anderson’s applications for disability insurance benefits under Title II of the Social Security Act (“Act”) and for supplemental security income (“SSI”) under Title XVI of the Act. The case is ripe for decision on...
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*1149 ORDER This matter is before the court on plaintiffs motion for summary judgment and for entry of permanent injunction against John M. Tuschner, and defendant John M. Tuschner’s cross-motion for summary judgment of dismissal. Based on a review of the file, record, and proceedings herein, the court grants plaintiffs motion for summary judgment and for entry of permanent injun...
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101 F.Supp.2d 1160 (2000) Nancy CHERRY, Plaintiff, v. MENARD, INC., Defendant. No. C99-4029. United States District Court, N.D. Iowa, Western Division. June 15, 2000. *1161 *1162 *1163 David L. Reinschmidt, Munger, Reinschmidt & Denne, Sioux City, IA, for Plaintiff. John Werner, Grefe & Sidney, Des Moines, IA, for Defendant. MEMORANDUM OPINION AND ORDER REGARDING DEFENDANT'S MOTION FOR S...
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104 F. Supp. 2d 1184 (2000) Michael BLAYLOCK, Plaintiff, v. James J. HYNES, Defendant. No. 00-180 ADM/AJB. United States District Court, D. Minnesota. June 21, 2000. *1185 James J. Galman, Lawrence M. Rocheford, and Marlene S. Garvis, Jardine, Logan & O'Brien, P.L.L.P., St. Paul, Minnesota, for plaintiff. William A. Cumming, Moss & Barnett, P.A., Minneapolis, Minnesota, for defendant. ME...
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MEMORANDUM REGARDING PLAINTIFFS’ RENEWED MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION I. INTRODUCTION Before the court is plaintiffs’ renewed motion for a temporary restraining order and preliminary injunction, seeking to enjoin the defendants from enforcing, imposing, or maintaining discipline against Robert Wagner based on certain Holyoke Police Department rules and...
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101 F. Supp. 2d 805 (2000) Catherine NOFLES, Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE CO., Defendant. No. 4:98CV1369 RWS. United States District Court, E.D. Missouri, Eastern Division. May 18, 2000. *806 *807 Ronald L. Rothman, Christopher C. Oelzen, Librach and Rothman, St. Louis, MO, for Catherine Nofles, *808 Timm W. Schowalter, Thompson Coburn, James N. Foster, Jr., Partner, Rober...
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MEMORANDUM AND ORDER (RELATED CASE OBJECTION) This matter comes before the court on Defendants Executive Office of the President (“EOP”), Department of Defense (“DoD”), Kenneth Bacon and Clifford Bernath’s Objections under Local Civil Rule 40.5 to Plaintiffs Related Case Designation.1 Upon consideration of defendants’ objections, plaintiffs response thereto, the applicable law, and for the reason...
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MEMORANDUM AND ORDER (APPLICATION FOR INTERVENTION) This matter comes before the court on the Application for Intervention of Cara Leslie Alexander, et al., plaintiffs in Alexander v. FBI, et al., 186 F.R.D. 154 (D.D.C.1999) (“Alexander”). The Alexander plaintiffs move to intervene as of right, Fed. R. Civ. P. 24(a), or in the alternative, for permissive intervention. Fed. R. Civ. P. 24(b). Upon ...
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104 F. Supp. 2d 30 (2000) Linda R. TRIPP, Plaintiff, v. EXECUTIVE OFFICE OF THE PRESIDENT, et al., Defendants. No. CIV.A. 99-2554(RCL). United States District Court, District of Columbia. June 14, 2000. *31 Stephen M. Kohn, David A. Colapinto, Michael D. Cohn, Kohn, Kohn, & Colapinto, Washington, DC, for Plaintiff. David W. Ogden, Acting Asst. Atty General, Wilma A. Lewis, United States Attor...
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MEMORANDUM AND ORDER This matter comes before the court on Plaintiffs’ Motion to Compel Further Deposition Testimony from Jane Sherburne, Non-Party Jane Sherburne’s Motion for Leave to File Declaration under Seal, and Non-Party Jane Sherburne’s Motion to Strike Plaintiffs’ Reply to her Opposition, or, in the Alternative, for Leave to File Surreply to Plaintiffs’ Reply to Motion to Compel Further...
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*24 MEMORANDUM AND ORDER This matter comes before the court on Plaintiffs’ Motion to Compel Further Deposition Testimony of George Stephanopoulos and for Other Appropriate Relief and Plaintiffs’ Motion for an Extension of Time to File Reply to George Stephanopoulos’ Opposition to Plaintiffs’ Motion to Compel. Upon consideration of this motion, its corresponding opposition and the reply thereto,...
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MEMORANDUM ORDER Counsel for the parties appeared before the undersigned United States Magistrate Judge on February 11, 2000 for a hearing on defendant’s Motion for Entry of a Protective Order (“Def.’s Mot.”)(Docket No. 14) and Plaintiffs Cross Motion for a Protective Order (“Pl.’s Mot.”)(Docket No. 16). The subject of the cross motions for protective order is an independent psychiatric examina...
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*703 OPINION AND ORDER Defendant Jacques Dessange, Inc. (“Dessange”) moves for a judgment of acquittal or a new trial following its conviction by a jury on April 6, 2000. Dessange was convicted of one count of conspiring with, among others, co-defendant Howard Deutsch, its attorney on immigration matters, to submit false visa applications to the Immigration & Natur...
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MEMORANDUM AND ORDER Plaintiffs move to compel the production of documents and testimony from third-party United States Department of Defense (“DoD” or “Department of Defense”). Specifically, plaintiffs seek documents relating to the DoD’s investigation into the release of information from DoD employee Linda Tripp’s security clearance form to a reporter from The New Yorker magazine. In addition ...
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MEMORANDUM ORDER This is an action by Balaton, Incorporated and Ignacio Luis Rivera seeking judicial review of an order of the Administrative Appeals Unit of the United States Immigration and Naturalization Service (“AAU”), which affirmed a decision by the Vermont Service Center denying plaintiffs’ petition for an extension to an intra-com-pany transferee visa for Balaton, Incorporated’s chief exe...
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MEMORANDUM OPINION Plaintiff Center for Auto Safety (“Plaintiff’ or “CAS”) brings this case under the Freedom of Information Act, 5 U.S.C. § 552 (“FOIA”), seeking information from Defendant National Highway Traffic Safety Administration (“NHTSA”), and the Intervenor-Defendant automobile manufacturers and them suppliers, in order to formulate its comments to NHTSA’s proposed rule regar...
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MEMORANDUM AND ORDER This matter comes before the court on Plaintiffs’ Motion to Compel Further Testimony of Terry Good in Chambers, the Plaintiffs’ Motion for Clarification of Time to File Supplemental Memoranda Regarding the Deposition of Terry Good, Defendant Executive Office of the President’s (EOP’s) Motion for an Extension of Time to File its Supple*27mental Memorandum in Opposition to Pla...
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MEMORANDUM AND ORDER Defendant United States, improperly sued as “Commissioner Internal Revenue Service, Secretary of the Treasury,” 1 moves for dismissal of plaintiffs action under Rule 12(b) of the Federal Rules of Civil Procedure for lack of jurisdiction and/or failure to state a claim upon which relief may be granted. See Fed.R.Civ.P. 12(b)(1) & (6). In respo...
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MEMORANDUM Presently pending before the Court is Respondent’s Motion to Reconsider the Court’s Order and Memorandum entered on April 4, 2000, (Docket Entry No. 34), to which Petitioner has responded in opposi *921 tion. For the reasons explained herein, Respondent’s Motion is hereby DENIED. On October 17, 1997, Petitioner pled guilty to an indictment charging him with being a felon in pos...
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MEMORANDUM Presently pending before the Court is Petitioner’s Motion for Reconsideration (Docket Entry No. 6) of the Court’s dismissal of Petitioner’s claim under 28 U.S.C. § 2255, to which the United States responds in opposition. Also pending is Respondent’s Motion to Accept Affidavit, to which no opposition has been filed. For the reasons explained herein, Respondent’s Motion is he...
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104 F. Supp. 2d 39 (2000) In the Matter of an Application to Enforce Administrative Subpoena of the BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, Applicant, v. INTERFINANCIAL SERVICES, LTD. an indirect subsidiary of Grupo Financiero Interacciones, S.A. c/o Abe Wilson Laredo National Bancshares, Inc. 600 San Bernardo Ave. Laredo, TX 78042 Respondent. Misc. No. 00-75 (RCL). United States Distri...
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MEMORANDUM OPINION This is an appeal from an order of the Bankruptcy Court dated November 22, 1999, holding that the imposition of liability by the Internal Revenue Service upon the appellant, Patricia Hornick, in the amount of $87,614.76 as a responsible person pursuant to 26 U.S.C. § 6672(a) is proper and that the liability of the appellant in that regard is excepted from discharge pursuant t...
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105 F. Supp. 2d 446 (2000) UNITED STATES of America v. Jason J. SMITH, Defendant. Civil Action No. 98-61, Criminal No. 95-2. United States District Court, W.D. Pennsylvania. January 6, 2000. *447 Alan Ellis, Peter Goldberg, James H. Feldman, Jr., Law Offices of Alan Ellis, Ardmore, PA, Elliot J. Segel, Erie, PA, for Defendant. Michael Ivory, Asst. U.S. Atty., Pittsburgh, PA, John Trucilla, Asst. ...
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MEMORANDUM OPINION This matter comes before the Court on Plaintiff McDonnell Douglas Aerospace Corporation’s (“MDA”) Motion for Judgment Pursuant to Appellate Mandate. For the following reasons, the Court finds the case to be moot and it is. dismissed. I. Background In December 1994, Defendant National Aeronautics & Space Administration (“NASA”) issued a solicitat...
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ORDER Before the Court is the pro se petition of Clevon Jamel Jenkins 1 for writ of habeas corpus pursuant to 28 U.S.C. § 2254 asking the Court to vacate; set aside or correct sentence. For the reasons set forth below, petitioner’s petition is denied. I. PROCEDURAL HISTORY On December 13,1993, petitioner Clevon Jamel Jenkins was jointly indicted with Shawn Brown, ...
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101 F. Supp. 2d 1034 (2000) Luis REBOLLEDO, Plaintiff, v. HERR-VOSS CORPORATION, a foreign corporation, Defendant. No. 98 C 6700. United States District Court, N.D. Illinois, Eastern Division. June 22, 2000. *1035 Sheldon Hodes, Bernard Davis & Associates, Chicago, IL, for plaintiff. *1036 Martin D. Snyder, Williams & Montgomery, Ltd., Chicago, IL, Dennis Alberts, Bryan Cermak, Ogne, Albe...
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MEMORANDUM OPINION Before the Court is the defendants’ Joint Motion to Set Aside the Verdict and Enter an Order for Judgment of Acquittal or for a New Trial, and defendant Photo-grammetric Data Services, Inc.’s Motion to Set Aside the Verdict on the Basis of Bruton v. United States, and Enter an Order for Judgment of Acquittal or a New Trial. For the reasons stated below, b...
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101 F.Supp.2d 1356 (2000) Abigail HAWKINS; et al., Plaintiff, v. The CITY OF GREENVILLE; et al., Defendants. No. Civ.A. 00-A-327-N. United States District Court, M.D. Alabama, Northern Division. June 20, 2000. *1357 *1358 A. Wesley Pitters, A. Wesley Pitters, P.C., Montgomery, AL, for Abigail Hawkins, plaintiff. William R. Chandler, Bart Gregory Harmon, Webb & Eley, P.C., Montgomery, AL, for ...
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MEMORANDUM OPINION The Court of Appeals for the Third Circuit filed an Opinion and Judgment Order on December 29, 1999, which stated “we will reverse the judgment of the District Court and remand to the District Court so that it may dismiss SGL Carbon’s Chapter 11 petition.” 1 On February 1, 2000, the Clerk of the District Court received and filed a letter dated January 28, 2000 from the Cour...
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ENTRY ON PLAINTIFF’S MOTION TO COMPEL Plaintiff Simon Property Group has moved to compel defendant mySimon, Inc. to produce documents, respond to certain interrogatories, and make computers available for inspection. The central dispute concerns access to computers for the purpose of attempting to recover deleted files. The factual record on this motion is extremely sparse with respect to the types...
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100 F. Supp. 2d 331 (2000) Carol G. CHINN, et al. v. GIANT FOOD, INC., et al. Civil No. JFM-99-3590. United States District Court, D. Maryland. June 2, 2000. *332 JoAnn Patricia Myles, Largo, MD, for Plaintiffs. Kumiki Gibson, Adams L. Perlman, Michael K. Ross, Williams & Connolly, Washington, DC, for Defendants. MEMORANDUM MOTZ, District Judge. This action has recently been transferred to m...
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OPINION This action was brought by Plaintiff, LifeScan Inc., against Defendants, Home Diagnostics, Inc. and MIT Development Corp., for infringement of U.S. Patent Number 5,049,487 (the “ ’487 Patent”). Defendants raised a number of defenses to Plaintiffs allegations of infringement, including a claim that the ’487 Patent is unenforceable due to Plaintiffs inequitable conduct before th...
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OPINION Hari Goyal (“Goyal”) petitions to vacate, set aside, or correct his sentence under 28 U.S.C. § 2255. Goyal alleges (1) his conviction was obtained in violation of the Double Jeopardy Clause of the Fifth Amendment; and (2) his sentence is excessive and violates the Due Process and Equal Protection Clauses. For the reasons set forth below, the petition is denied. Facts and Proc...
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MEMORANDUM OF OPINION AND ORDER This is a First Amendment commercial speech case in which plaintiffs Perry Bing-ham and the American Academy of Implant Dentistry (AAID) challenge the California State Board of Dental Examiners’ (“California Dental Board” or “Dental Board”) enforcement policy prohibiting the advertisement of certain credentials by California licensed dentists. Plaintiff...
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104 F. Supp. 2d 1033 (2000) SIMON PROPERTY GROUP L.P., a Delaware limited partnership, Plaintiff, v. MYSIMON, INC., a California corporation, Defendant. No. IP 99-1195-C H/G. United States District Court, S.D. Indiana, Indianapolis Division. June 7, 2000. *1034 Daniel L. Boots, Bingham Summers Welsh & Spilman, Indianapolis, IN, Ronald A. Sandler, Jones Day Reavis & Pogue, Chicago, IL, Ter...
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ENTRY ON PLAINTIFF’S EMERGENCY DISCOVERY MOTION On June 6, 2000, plaintiff Simon Property Group L.P. (“SPG”) filed and requested a quick hearing on an emergency motion to compel discovery and for sanctions. Trial is set for August 21, 2000. The court set a hearing for June 14, 2000. Defendant mySi-mon, Inc. filed its response on June 13, 2000. After considering the parties’ written submissions an...
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OPINION This action was brought by Plaintiff, LifeScan, Inc. against Defendants, Home Diagnostics, Inc. and MIT Development Corp. alleging that Defendants’ manufacture and sale of the Prestige meter, a device used by diabetic patients to monitor their blood sugar levels, infringes U.S.Patent No. 5,049,487 (“the ’487 Patent”). A nine-day jury trial was held, and the jury returned a ver...
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100 F. Supp. 2d 898 (2000) BOYD MACHINE AND REPAIR, CO., INC., an Indiana corporation, D & L Industrial Services, Inc., an Indiana Corporation, Light Beam Technology, Inc., an Indiana corporation, Larry L. Boyd as Trustee of L & L Asset Management Company, an Indiana Trust, Boyd L.P., an Indiana limited partnership, Larry L. Boyd as Trustee of the Larry L. Boyd Revocable Living Trust, Mat...
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MEMORANDUM OPINION AND ORDER Plaintiff James Cook was a maintenance manager at defendant Cub Foods’ Arlington Heights store for approximately three years. In April of 1994, he left Cub and then filed an EEOC charge alleging that he had been subjected to a religiously hostile work environment and was retaliated against for opposing age-based discrimination. In September 1997, Cook file...
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101 F. Supp. 2d 1054 (2000) Patricia A. VESELY, Plaintiff, v. CONTINENTAL CASUALTY COMPANY, Defendant. No. 99 C 8103. United States District Court, N.D. Illinois, Eastern Division. June 23, 2000. Roger J. Guerin, Alan S. Madans, Robin Korman Powers, Rothschild, Barry & Meyers, P.C., Chicago, Ill, for plaintiff. Steven L. Gillman, Todd David Steenson, Fox and Grove, Chartered, Chicago, IL, for...
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104 F.Supp.2d 773 (2000) William H. SMITH, Petitioner, v. Carl S. ANDERSON, Respondent, No. C-1-95-320. United States District Court, S.D. Ohio, Western Division. February 22, 2000. *774 *775 *776 *777 *778 *779 Henry Louis Sirkin, Sirkin Pinales Mezibov & Schwartz, Cincinnati, OH, Laurence E Komp, Ohio Public Defender's Office, Columbus, OH, for William H Smith, petitioner. Charles L Wille, ...
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ORDER THIS CAUSE came before the Court upon Defendant Sheriff Kevin Beary’s motion for summary judgment (Doc. 22), to which Plaintiff has responded in opposition (Doc. 28). After reviewing the record and applicable law, the Court concludes that Defendant’s motion must be granted. I. PROCEDURAL BACKGROUND Plaintiff Bill Ruszala brings this action against Defendants Walt Disne...
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101 F. Supp. 2d 445 (2000) INTERSTATE TRAFFIC CONTROL, Plaintiff, v. Samuel H. BEVERAGE,[1] et al., Defendants. No. 2:98-0962. United States District Court, S.D. West Virginia, Charleston Division. June 22, 2000. *446 *447 Norman T. Daniels, Jr., Shawn R. Romano, Charles R. Ford, Daniels Law Firm, Charleston, WV, for plaintiff. Anthony G. Halkias, Jeff Miller, WV Division of Highways — Legal Divi...
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OPINION AND ORDER On April 3, 2000, Defendant Extended Family Concepts filed for summary judgment in this action involving compensation for care providers at a shared living facility. [Doc. 22]. One week later, Defendant amended this motion. [Doc. 24]. With this motion, defendant argues that there is no genuine issue for trial because the “companion exemption” stops Plaintiff Frances...
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107 F. Supp. 2d 937 (2000) UNITED DAIRY FARMERS, INC., et al., Plaintiffs, v. UNITED STATES of America, Defendant. No. C-1-97-1043. United States District Court, S.D. Ohio, Western Division. May 23, 2000. *938 William Francis Russo, Cynthia L Gibson, Katz, Teller, Brant & Hild Co — 1, Cincinnati, OH, for United Dairy Farmer Inc, Robert D Lindner, Jr, Parent and Natural Guardian of Robert D Li...
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*10 MEMORANDUM AND ORDER WITH REGARD TO PLAINTIFFS’ MOTION FOR AN ORDER REQUIRING UNI-TRODE TO RETURN INADVERTENTLY PRODUCED PRIVILEGED DOCUMENTS (Docket No. 15) Presently before the court in this patent infringement action is a motion by VLT Corporation (“VLT”) and Vicor Corporation (“Vi-cor”) (together “Plaintiffs”) requesting that Defendant Unitrode Corporation (“Uni-trode”) be required to d...
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AMENDED MEMORANDUM OPINION AND ORDER The defendants, Amoco Chemical Company and Amoco Reinforced Plastics Company (ARPCO), have filed a Motion for Summary Judgment on the Merits of the Complaint filed against them by the plaintiffs, Brookings Municipal Utilities, Inc. and the City of Brookings, South Dakota. After the Court’s previous Memorandum Opinion and Order on the Motion for Summary...
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MEMORANDUM OPINION AND ORDER This matter comes before the Court on Defendant’s Motion for Summary Judgment, filed March 23, 2000 (Doc. 23), Defendant’s Motion to Strike Affidavit of Avery Jones, filed April 24, 2000 (Doc. 32), and Plaintiffs Motion for Leave to File Response, filed May 23, 2000 (Doc. 37). The Court, having considered the motions, the memoranda submitted by the parties a...
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101 F. Supp. 2d 764 (2000) Robert F. MEREDITH III and Carylyn Hancock, Co-Administrators of the Estates of Robert F. Meredith IV, Deceased, Plaintiffs. v. J.K. BUCHMAN, M.D.; J.K. Buchman, M.D., P.A.; and HCA Health Services of Midwest, Inc. d/b/a Columbia Doctors Hospital, Defendants. No. 4:99CV00418WRW. United States District Court, E.D. Arkansas, Western Division. June 20, 2000. *765 Winslow D...
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101 F. Supp. 2d 1041 (2000) Jeffry D. MARTHON and Maureen E. Kilty, Plaintiffs, v. MAPLE GROVE CONDOMINIUM ASSOCIATION and Alpha Property Management, Inc., Defendants. No. 99 C 4080. United States District Court, N.D. Illinois, Eastern Division. June 22, 2000. *1042 Ross B. Bricker, Eric A. Sacks, David Z. Smith, Jenner & Block, Chicago, IL, for Plaintiffs. Michael C. Kim, Jason M. Rosenthal,...
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OPINION AND ORDER Plaintiff Charles S. Polin, the former president of She Knows!!, a division of defendant Kellwood Company, commenced this litigation in this Court in 1993, alleging that he was fraudulently induced by Kellwood to accept employment; that defendants Harding, head of Kellwood Sportswear, and Kellwood Sportswear itself, tortiously and negatively interfered with his emplo...
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104 F. Supp. 2d 943 (2000) UNITED STATES of America ex rel. Bryant BELMORE # N-12623, Petitioner, v. James H. PAGE, et al., Respondents. No. 00 C 2923. United States District Court, N.D. Illinois, Eastern Division. June 28, 2000. *944 Plaintiff pro se. MEMORANDUM OPINION AND ORDER SHADUR, Senior District Judge. Bryant Belmore ("Belmore") has had an extraordinarily checkered history in the state ...
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ORDER This case involves federal and state law claims by present and deceased residents of a long-term health care facility alleging that Defendants have failed to provide ba *1325 sic and minimally required levels of care. The case is before the Court on Defendant’s Motion to Dismiss [12]. I. Background When considering a motion to dismiss, all well-pleaded fac...
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101 F. Supp. 2d 1057 (2000) Fred DUERR, Sr., Plaintiff, v. MINNESOTA MINING AND MANUFACTURING COMPANY, a foreign corporation, Defendant. No. 00 C 0139. United States District Court, N.D. Illinois, Eastern Division. June 29, 2000. *1058 Thomas G. Oddo, Jordan & Oddo LLC, Chicago, IL, for Plaintiff. Carol A. Poplawski, Ogletree, Deakins, Murphy, Smith & Polk, Chicago, IL, for Defendant. ME...
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FINDINGS OF FACT & CONCLUSIONS OF LAW On January 18, 1996, Kevin McCauley pled guilty to possession of a firearm by a convicted felon in violation of 18 U.S.C. § 922. On November 14, 1996, upon the government’s motion for a substantial assistance departure, this court imposed a sentence of forty-two months imprisonment followed by five years of supervised release. McCauley’s supervise...
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101 F. Supp. 2d 7 (2000) ALTERNATIVES RESEARCH & DEVELOPMENT FOUNDATION, et al., Plaintiffs, v. Daniel GLICKMAN, Secretary of Agriculture, et al., Defendants. No. Civ.A. 99-581(ESH). United States District Court, District of Columbia. June 21, 2000. *8 Joseph Mendelson, III, International Center for Technology Assessment, Washington, DC, for plaintiffs. Marsha Stelson Edney, U.S. Department o...
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100 F. Supp. 2d 10 (2000) PUBLIC CITIZEN INC., Plaintiff, v. DEPARTMENT OF STATE, et al., Defendants. No. Civ.A. 98-1423(ESH). United States District Court, District of Columbia. May 18, 2000. *11 *12 Michael Edward Tankersley, Public Citizen Litigation Group, Washington, DC, for plaintiff. Anne L. Weismann, Richard G. Phillips, Jr., U.S. Department of Justice, Civil Division, Washington, DC, for...
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MEMORANDUM OPINION AND ORDER This matter comes before the court on defendant’s motion to dismiss for lack of subject matter jurisdiction and motion to dismiss for failure to state a claim upon which relief can be granted, pursuant to Rules 12(b)(1) and 12(b)(6) of the Federal Rules of Civil Procedure, respectively. For the reasons outlined below, defendant’s motion to dismiss for lack of subjec...
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ORDER This matter is before me on Plaintiffs Motion to Compel and Supporting Brief (the “Motion to Compel”) filed June 1, 2000. The defendant has responded, and I heard argument of counsel by telephone. As specified below, the Motion to Compel is GRANTED IN PART and DENIED IN PART. Although the Motion to Compel addresses a number of issues, all but three were withdrawn. The three remaining issues ...
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ORDER This matter is before me on Plaintiffs Motion to Compel Production of Documents, Motion for Sanctions, and Certificate of Compliance Pursuant to D.C.COLO.LR 7.1 (the “Motion to Compel”), filed April 21, 2000, and Plaintiffs Amended Motion for Leave to Endorse Expert Witness and Certificate of Compliance Pursuant to D.C.COLO.LR 7.1 (the “Motion to Endorse Expert Witness”), filed April 21, 200...
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RULING Before this court is defendants Bhavesh and Nina Patels’ (“the Patels”) motion to dismiss pursuant to Rule 12(b)(2) of the Federal Rules of Civil Procedure. For the reasons that follow, the motion is DENIED. I. Background On 24 May 1997, Bhavesh and Nina Patel boarded a bus in Orlando, Florida en route to Texas. Members of the Patel family had chartered the bu...
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ORDER Plaintiff brings this suit under the Real Estate Settlement Procedures Act (“RES-PA”), 12 U.S.C. § 2601, et seq. She, along with the members of her class, purchased mortgage insurance from United Guaranty Corporation (“UGC”), Defendant, in connection with the financing of their home purchases. The sale of mortgage insurance, in itself, does not violate RESPA or any other federal...
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ORDER This litigation involves multiple claims of common law breach of fiduciary duty and fraud by Andrew Sferra (the “plaintiff’ or “Sferra”) against his former attorney Richard M. Mathew, Esq. (the “defendant” or “Mathew”) in connection with the purchase of real property located in Bridgehampton, New York. On May 17, 2000, this case was certified as trial ready by United States Mag...
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101 F. Supp. 2d 122 (2000) Richard C. DEMICCO, Plaintiff, v. HOME DEPOT USA, INC., Respondent. No. CV 99-3192. United States District Court, E.D. New York. June 23, 2000. *123 Edward K. Blodnick, Blodnick, Gordon, Blodnick & Zelin, Jericho, NY, for plaintiff. Christopher P. Reynolds, Rochelle M. Noel, Douglas Noll, Morgan, Lewis & Bockius LLP, New York City, for defendant. MEMORANDUM AND...
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MEMORANDUM DECISION AND ORDER Introduction The present action was commenced on November 4, 1999, in Syracuse City Court and removed to this Court by Notice dated December 8, 1999. Plaintiffs complaint alleges that defendant failed to provide benefits under an employee welfare plan in violation of the Employee Retirement Income Security Act (“ERISA”), 29 U.S.C. § 1101, et seq. *136 Pla...
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MEMORANDUM DECISION AND ORDER Introduction Plaintiff Ben E. Ford commenced the present action against defendants City of Utica Parks Department and Department of Public Works (“Utica”) pursuant to Title VII, 42 U.S.C. § 2000e, et seq. for alleged discrimination on the basis of race. Specifically, plaintiff alleges that while employed as a seasonal laborer, defendants discriminated against...
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*138 MEMORANDUM-DECISION AND ORDER INTRODUCTION Plaintiff Tina Stafford (“Stafford”) worked for defendant Sealright, Inc. (“Sealright”) as a factory line worker from 1989 until 1998. Stafford alleges that she became the target of gender based discrimination when a coworker began making sexually inappropriate remarks. Stafford allegedly reported the foregoing to Sealright but claims that...
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ORDER ON MOTION TO EXCLUDE THE TESTIMONY AND OPINIONS OF FRANK GARDNER, MARVIN LEGATOR, BARRY LEVY, MYRON MEHLMAN AND VERNON ROSE On September 14, 1998, the parties consented to proceed before a United States magistrate judge under 28 U.S.C. § 636(c), for all further proceedings, including entry of final judgment. (Docket Entry # 7). Pending before the court is a request by Defendants Che...
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106 F. Supp. 2d 333 (2000) Henry HARDY v. UNITED STATES of America. No. C.A. 98-524L. United States District Court, D. Rhode Island. June 14, 2000. *334 Van L. Hayhow, South Attleboro, MA, for Plaintiff. Richard W. Rose, U.S. Attorney's Office, Providence, RI, for defendant. MEMORANDUM AND ORDER LAGUEUX, District Judge. Petitioner, Henry Hardy, seeks relief pursuant to 28 U.S.C. § 2255. For the ...
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120 F. Supp. 2d 517 (2000) In the Matter of CUSTODY AND CONTROL OF Shane and Kayla MURPHY, Minors. Frederick Handleman, Appellant/Petitioner, v. Denis P. Walsh and Brigette Walsh, Appellees/Intervenors, Terrence Murphy, Appellee/Intervenor. No. DC Civ.App. 2000-016. District Court, Virgin Islands, Appellate Division, D.St. Thomas. Argued May 25, 2000. Decided June 15, 2000. Frederick Handleman, S...
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MEMORANDUM AND ORDER Plaintiff Fleming Companies, Inc. (“Fleming”) brings this action in diversity against Defendants GAB Business Services, Inc. (“GAB”) and M.F. Bank and Company, Inc. (“M.F.Bank”). Fleming claims that it should be indemnified from liability for storage fees incurred at the storage facility in Kansas City, Kansas owned by Americold Corporation (“Ameri-cold”) because ...
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101 F. Supp. 2d 49 (2000) Faith SPATH, Plaintiff, v. FEDERAL INSURANCE COMPANY, Defendant. No. 97cv12243-MEL. United States District Court, D. Massachusetts. June 13, 2000. *50 Robert E. Andrews, Georgetown, MA, Graydon G. Stevens, John N. Kelly, Kelly, Remmel & Zimmerman, Portland, ME, for plaintiff. Robert P. Powers, Keith L. Sachs, Melick & Porter, Boston, MA, for defendant. MEMORANDU...
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MEMORANDUM AND ORDER Lawrence G. Schneider has moved to vacate, set aside, or correct sentence pursuant to 28 U.S.C. § 2255. For the reasons that follow, the motion is denied. Background In December 1994, Schneider was indicted on nine counts of wire and mail fraud, violations of 18 U.S.C. §§ 2,1341 and 1343, stemming from his purchases of merchandise on credit for which he did not pay ...
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ORDER GRANTING DEFENDANT’S MOTION TO DISMISS PLAINTIFF’S UNFAIR OR DECEPTIVE ACTS OR PRACTICES CLAIM This matter stems from Hugh Blowers’ ingestion of Prozac®, an antidepressant medication manufactured by Eli Lilly and Company (“Defendant”), and Hugh’s subsequent suicide. The following tragic facts are taken from Plaintiffs’ Complaint. 1 The facts are, at this point, of cou...
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96 F. Supp. 2d 19 (2000) Sharon M. FRANKEL, Plaintiff, v. UNITED STATES POSTAL SERVICE, Defendant. No. C.A. 98-11074-NG. United States District Court, D. Massachusetts. March 31, 2000. *20 Kevin G. Powers, Boston, MA, for Sharon Frankel, plaintiff. John A. Capin, United States Attorney's Office, Boston, MA, Peter K. Levitt, United States Courthouse, Assistant U.S. Attorney, Boston, MA, for United...
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MEMORANDUM AND ORDER Plaintiff McLellan Highway Corporation (“McLellan”) brings this action against the United States under the Federal Torts Claim Act. (FTCA) and Massachusetts state law for reimbursement of cleanup costs incurred on oil contaminated property previously owned and used by the Navy as a strategic fuel reservation in the 1940s and 1950s. The United States has moved for ...
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Memorandum and Order Procedural History. .87 Findings of Fact.88 Conclusions of Law.89 I. Risk of Injury.90 *87 A. Seriousness . O B. Likelihood of Injury . O O II. Assessment of Risk. O C5 A. Sources of Risk. O Cb B. Quantifying the Risk T — I C5 Conclusion . 1- O'. This case has been remanded by the Court of Appeals so that -this Court may “take evidence” and make fi...
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ORDER On September 3, 1999, Plaintiffs, Beatrice Mincy and Linda Leise (“Plaintiffs”) filed a Complaint against Defendants Staff Leasing and JMB Multimedia, LLC (“JMB”), in the Maricopa County Superior Court alleging violation of the Fair Labor Standards Act (“FLSA”), 29 U.S.C. § 201 et seq.; violation of A.R.S. § 23-353, and other state law causes of action quantum meruit, bre...
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101 F.Supp.2d 1215 (2000) Randall Herbert WEBNER, Plaintiff, v. TITAN DISTRIBUTION, INC., Defendant. No. C97-3101. United States District Court, N.D. Iowa, Central Division. June 26, 2000. *1216 *1217 MEMORANDUM OPINION AND ORDER REGARDING DEFENDANT'S MOTION FOR JUDGMENT AS A MATTER OF LAW, OR, IN THE ALTERNATIVE, A NEW TRIAL, AND PLAINTIFF'S REQUEST FOR FEES, EXPENSES AND FRONT PAY BENNETT, Ch...
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MEMORANDUM-DECISION AND ORDER INTRODUCTION Plaintiffs sue defendant Town of New Paltz Police Department (Department) and three police officers (designated in the caption as “John Does 1, 2 and 3” and hereinafter referred to as “police officers”) employed by the Department as of September 17, 1998, under 42 U.S.C. § 1983 and New York common law. The Department moves for summary j...
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MEMORANDUM DECISION In this case, defendant Melvin Lloyd Richards was convicted by a jury on February 17, 2000 of conspiracy, securities fraud, and wire fraud. Following the jury’s verdict, I remanded Richards because I believed he presented a risk of flight. Richards thereafter asked to be released on bail; I denied the motion. Sentencing is scheduled for July 12, 2000. By his counsel’s le...
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MEMORANDUM OPINION AND ORDER Plaintiffs Pentagen Technologies International Limited (“Pentagen”) and Russell D. Varnado (collectively “plaintiffs”) bring the instant action alleging violations of the Federal False Claims Act (“False Claims Act”) and abuse of process by defendants United States of America (“United States”), E.F. Brasseur (“Brasseur”) 1 (collectively “United Stat...
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OPINION Pro se petitioner Rhagi El petitions this Court for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, challenging his April 3, 1996 conviction in the Supreme Court of the State of New York, New York County, for criminal possession of a weapon in the second degree (N.Y.Penal L. § 265.03), criminal possession in the third degree (N.Y.Penal L. § 265.02(4)), assault in ...
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MEMORANDUM — DECISION AND ORDER INTRODUCTION Defendants Carlisle Leasing International Company (“CLIC”), Carlisle Companies Incorporated (“CCI”), Dennis J. Hall 1 *106 and Richard S. Husted 2 move for summary judgment under Fed.R.Civ.P. 56(b) dismissing plaintiffs remaining claims. Plaintiff cross-moves to add as defendant Container Leasing Interna...
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106 F. Supp. 2d 406 (2000) HAMILTON CHAPTER OF ALPHA DELTA PHI, INC., Alumni Association of Psi Chapter of Psi Upsilon, Inc., Beta of Sigma Phi Society, Inc., and Delta Kappa Epsilon Society of Hamilton College, Plaintiffs, v. HAMILTON COLLEGE and Eugene M. Tobin, President of Hamilton College, Defendants. No. 95-CV-926. United States District Court, N.D. New York. June 29, 2000. Steele, Silcox &...
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MEMORANDUM AND ORDER Pending before the Court is the appeal of Tracar, S.A. (“Tracar”) from an August 25, 1999 Order of the United States Bankruptcy Court for the Eastern District of New York (Eisenberg, B.J.) (the “August 25, 1999 Order”). For the reasons that *14 follow, the August 25, 1999 Order is reversed. BACKGROUND The history of this ease is set out in g...
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OPINION In this case, plaintiff Times Mirror Magazines, Inc. (“Times Mirror”) asserts claims against defendants Field & Stream Licenses Company (“FSLC”) and Jerome Y. Lavin for breach of contract and trademark infringement arising out of the parties’ longstanding concurrent uses of the “Field & Stream” trademark. Both parties, or their predecessors, have been using the Field & ...
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INTRODUCTION This case arises from an agreement between defendant Healthnow New York, Inc., d/b/a Blue Cross of Western New York (“Blue Cross”), and defendants Rite Aid Corporation (“Rite Aid”) and Tops Markets Corporation (“Tops”) to create an exclusive pharmacy network for Blue Cross insureds. Upon learning that its Vix drugstores (“Vix”) were excluded from the network, plaintiff Dr...
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DECISION AND ORDER INTRODUCTION By a complaint filed April 21, 2000, plaintiff Diamond “D” Construction Corporation commenced this section 1983 action against the New York State Department of Labor (“the DOL”); James J. McGowan, the DOL’s Commissioner (“the Commissioner”); Michael O’Connell, a supervisor with the New York State Comptroller’s Office (“O’Connell”); Erie County; Nancy N...
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In this attorney discipline matter concerning David Lee Smith, Esquire (“Smith”), we delegate to a three-judge panel of this court the determination of the discipline to impose on Smith following his disbarment by the Supreme Court of the United States, the United States Court of Appeals for the Tenth Circuit, and the State of Colorado. I On April 10, 2000 Judge Fitzwater, acting on b...
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101 F. Supp. 2d 776 (2000) Mary Ann LONGSTRETH, Plaintiff, v. Tom COPPLE and MCI Telecommunications Corporation, a Delaware Corporation, Defendants. No. C97-4100 MWB. United States District Court, N.D. Iowa, Western Division. June 26, 2000. Dawn E. Mastalir, Berenstein, Moore, Berenstein, Heffernan & Moeller, L.L.P., Sioux City, IA, for plaintiff. Sarah J. Kuehl, Heidman, Redmond, Fredregill,...
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ORDER The United States commenced this action pursuant to Section 7003 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976 and Solid Waste Amendments of 1984 (collectively known as “RCRA”), 42 U.S.C. § 6901 et seq. The basis for the action was a serious and destructive leak of gasoline from defendant Hill’s gas station, located on the territory ...
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ORDER AND REASONS This matter is before the Court for consideration of defendant Integrated Health Services of Lester, Inc. d/b/a Integrated Health Services of Gonzales’s (“IHS”) motion to dismiss. The plaintiffs, Local 100, Service Employees International Union, AFL-CIO (“SEIU”) and Selina Chiquet filed this action seeking relief for defendant’s alleged violation of certain provision...
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MEMORANDUM & ORDER Plaintiff Eccolia Max brought suit against the City of Philadelphia, Police Officer Gregory Crump, and Police Officer Darlene Crawford for events allegedly occurring on December 2, 1997. Ms. Max accuses Officers Crump and Crawford of verbally abusing her, assaulting her, and falsely arresting her for disorderly conduct. In her two-count complaint, Ms. Max brings fed...
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MEMORANDUM & ORDER The plaintiff, Visual Security Concepts, Inc. (VSC), has sued several defendants for patent infringement related to the manufacture of a clear-cabinet television set used in correctional institutions. The present motion to dismiss submitted by defendant Korea Electronics Company, Ltd. (KEC), contends, inter alia, that it is not subject to personal jurisdi...
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MEMORANDUM OPINION FOR ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTIONS TO SUPPRESS Before the court are the motions of the defendants, James Elkins and Carol El-kins, to suppress evidence gained from searches of their various properties, which were conducted both without and pursuant to warrants. 1 The United States opposes the motions. Evidentiary hearings were ...
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MEMORANDUM OPINION Twenty-five years ago, United States District Judge James F. Gordon entered a decree designed to remedy discriminatory practices in our public schools. That action formed a lasting impression upon this community, reshaping our school system and our view of the federal courts. In the intervening years, the Jefferson County Public Schools 1 succeeded admirably ...
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107 F. Supp. 2d 1212 (2000) Lord Simon CAIRNS, et al., Plaintiffs, v. FRANKLIN MINT CO., et al., Defendants. No. CV98-3847-FMC(BQRx). United States District Court, C.D. California. June 27, 2000. *1213 Shari Mulrooney Wollman, Mark S. Lee, Seth A. Gold, Alison Spear Ullendorff, Manatt, Phelps & Phillips, Los Angeles, CA, Cara R. Burns, Gradstein, Luskin & Van Dalsem, Los Angeles, CA, for ...
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FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER Plaintiffs National Union Fire Insurance Company of Pittsburgh, Pa., Marlwood Commercial Inc. (Marlwood), Omega Group Holdings Ltd., Pine Street' Investment Ltd., Pinford Portfolio Inc., Helen-dale Trading Corp., and Telos Finance Ltd., (collectively, Plaintiffs), move for a preliminary injunction and pre-judgment writ of attachment against Defendant...
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MEMORANDUM Beverly Langston (“Langston”) brings this motion pursuant to 28 U.S.C. § 2255 to vacate, set aside, or correct her sentence. For the following reasons, I will deny Langston’s motion. I. Background On May 28, 1997, Langston was indicted by a federal grand jury on charges of conspiracy to distribute and possession with intent to distribute cocaine base in violation ...
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MEMORANDUM AND ORDÉR This case has been brought before the Court on motion of the defendants to dismiss the plaintiffs complaint pursuant to Fed.R.Civ.P. 12(b)(6) on the grounds that *848 it is barred by the statute of limitations and by the principles of res judicata. For the reasons set forth in the paragraphs which follow, the motion shall be granted and Pla...
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MEMORANDUM & ORDER Before me is defendants’ motion for summary judgment on the basis that defendants are not state actors.1 For the *473following reasons, I conclude that defendant Pennsylvania Property and Casualty Insurance Guaranty Association (“PPCI-GA”) is a government entity and its operatives are state actors, and therefore, I will deny defendants’ motion. 1. FACTS In 1993, Jess Sotack w...
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98 F. Supp. 2d 788 (2000) In re Sen. Troy FRASER, Sen. Kenneth Armbrister, Sen. Jane Nelson, Rep. Tom Craddick, Rep. Dianne White Delisi, Rep. Kyle Janek, and Rep. Dan Kubiak. In re Private Counsel, Fee Agreement. Nos. 5:98-CV-45, 5:98-CV-270. United States District Court, E.D. Texas, Texarkana Division. May 16, 2000. John J. McKetta, III, P.M. Schenkkan, Graves Dougherty Hearon & Moody, Aust...
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OPINION & ORDER On May 27, 1999, plaintiff Tultex Corporation (“Tultex”) filed a breach of contract action against defendant Freeze Kids, L.L.C. (“Freeze Kids”) in New York State Supreme Court. Nine months later, on February 25, 2000, plaintiff removed its state court action to this Court. Plaintiff now seeks to transfer its action to the United States District Court for the Western D...
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*102 MEMORANDUM AND ORDER Both of these petitions for writs of habe-as corpus present the question whether an attempt to appeal an unappealable decision — the Appellate Division’s denial of a motion for a writ of error coram nobis— tolls the one-year statute of limitations established by the Antiterrorism and Effective Death Penalty Act of 1996 (“AED-PA”). Answering the quest...
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MEMORANDUM — DECISION & ORDER The Attorney General of Canada (“Canada”) commenced the instant action against Defendants alleging violations of the Racketeer Influenced and Corrupt Organizations Act (“RICO”), 18 U.S.C. § 1961, et seq. arising out of an alleged smuggling scheme designed to avoid the payment of Canadian taxes. Presently before the Court are separate motions by all...
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ORDER DENYING PLAINTIFF’S MOTION TO REMAND Presently before this Court is pro se plaintiff Ervin B. Johnson’s “motion to remand civil action to lower court” filed April 10, 2000. , The Court, on March 29, 2000, struck plaintiffs previous motion seeking remarid' as being in violation of Local Rules 5:1 and 7.1 (E.D.Mich.1998) (requiring, inter alia, appropriate ma...
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MEMORANDUM & ORDER Introduction This bankruptcy appeal arises out of an adversary proceeding instituted against *226 the debtor Thomas Murray by one of his creditors, Carlucci & Legum (“C & L”), the law firm that represented Murray in his divorce proceedings. C & L sought to prevent Murray’s discharge under several subsections of 11 U.S.C. §...
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MEMORANDUM OPINION THIS MATTER is before the Court on a Motion for Leave to Appeal brought by Plaintiff KPMG PEAT MARWICK, L.L.P. (herein “KPMG”). For the reasons discussed below, the Motion is DENIED. I. Background This case arises from a multimillion dollar bank fraud scheme. Third-party and Phillip Morris employee Edward J. Rein-ers (herein “Reiners”) persuaded Defendant ...
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DECISION AND ORDER In this criminal action, Defendant Carla D. Ellis is under indictment by the federal grand jury of the Northern District of New York, charged with, on or about 1 January 1995, conspiring with other Defendants to distribute cocaine and crack cocaine, in violation of 21 U.S.C. §§ 841(a)(1), 846; with using, on or about 23 and 29 December 1998, a telephone to commit th...
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MEMORANDUM-DECISION AND ORDER I. Background This appears to be a case of first impression, 1 setting forth the question of whether a foreign divorce decree that a state court finds null and void can nonetheless be a “qualifying event,” 29 U.S.C. § 1163(3), that entitles a qualified beneficiary to elect continuation of coverage under a health plan when that person would otherwise lose co...
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DECISION AND ORDER This matter comes before the Court following a Report-Recommendation filed on 9 December 1999 by the Honorable Gary L. Sharpe, United States Magistrate Judge, pursuant to 28 U.S.C. § 636(b) and L.R. 72.3(d) of the Northern District of New York. After ten days from the service thereof, the Clerk has sent the entire file to the undersigned, including the objections by...
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*9 DECISION AND ORDER This is an appeal from the final order and judgment of United States Bankruptcy Judge Robert E. Littlefield, Jr., entered in the United States Bankruptcy Court for the Northern District of New York. I. BACKGROUND Debtors commenced this action contending that Bankruptcy Code §§ 506(a) and 1322(b) allow them to void the junior mortgages held by Creditors. Debtors all...
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MEMORANDUM-DECISION AND ORDER Plaintiff, United Food and Commercial Workers Unions and Food Employees Benefit Fund (“Fund”), argues that New York’s surcharge system under the Health Care Reform Act (“HCRA”) violates the Commerce and Due Process Clauses of the United States Constitution and is actionable pursuant to 42 U.S.C. § 1983. I. BACKGROUND Plaintiff Fund is headquarte...
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MEMORAND UM-DECISION AND ORDER Presently before the Court is Defendants’ motion for reconsideration of the Court’s 3 November 1999 verdict, judgment and order finding that Defendants Calhoun and Marcus had violated Plaintiff Gaston’s Constitutional rights, rendering those Defendants liable to Plaintiff pursuant to 42 U.S.C. § 1983, and awarding to Plaintiff damages of $4221.40, plus prejudgme...
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*103 MEMORANDUM-DECISION AND ORDER Defendant made statements while in police custody; he contends they were not voluntary, and therefore are not admissible at trial. The evidence on the matter consists of documents and the testimony of police detectives. The government must show by a preponderance of that evidence that Defendant’s statements were voluntary, in order for the Court to find th...
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*631ORDER 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 Plaintiffs Motion to Amend Complaint so as to name another Defendant. A Hearing on the Motion was conducted on May 17, 2000, at which time the Plaintiff appeared by Stephen W. Cooper, Es...
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MINUTE 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 Plaintiffs’ Motion to Compel responses to several outstanding discovery requests, and for Sanctions. A Hearing on the Motion was conducted on May 18, 2000, at which time, the Plainti...
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OPINION AND ORDER Petitioner Luis Raúl Rivera-Gómez, a prisoner at the United States Penitentiary in Florence, Colorado (“penitentiary”), brings this habeas petition asking that we vacate his sentence pursuant to 28 U.S.C. § 2241 (1994).- I. A jury convicted Petitioner of three counts of carjacking pursuant to 18 U.S.C. § 2119 (1996), and three counts of aiding and abetting ...
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101 F. Supp. 2d 1337 (2000) Michelle WILLIAMS, Plaintiff, v. AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Defendant. No. 99-1486-JTM. United States District Court, D. Kansas. June 5, 2000. *1338 William J. Fitzpatrick, Fitzpatrick & Bass, Independence, KS, for plaintiff. Susan P. Selvidge, Fleeson, Gooing, Coulson & Kitch, L.L.C., Wichita, KS, for defendant. MEMORANDUM ORDER MARTEN, Distric...
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MEMORANDUM ORDER Currently before the court in this action are competing summary judgment motions by plaintiff and defendants. The parties were involved in a joint venture limited liability company (CLR Video). One of the companies (Lynch Multimedia) has sued one of the other member companies, its owners, and its agent, alleging that they breached the operating agreement and various fiduciary...
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104 F. Supp. 2d 1194 (2000) ROSEBUD SIOUX TRIBE, a federally recognized Indian Tribe; and Sun Prairie, a Nebraska general partnership, Plaintiffs, v. Kevin GOVER, Assistant Secretary, Indian Affairs, U.S. Dept. of Interior; and Bruce Babbitt, Secretary of the U.S. Dept. of Interior, Defendants, Concerned Rosebud Area Citizens, South Dakota Peace and Justice Center, Prairie Hills Audubon Society, ...
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MEMORANDUM OPINION AND ORDER INTRODUCTION Plaintiff brought this action against the named defendants, alleging that each of them has infringed certain patents owned by Plaintiff. The parties have submitted memoranda and accompanying exhibits with respect to their positions on claim construction. Also before the Court are the motions of Amoco Corporation (“Amoco”), Mobil Corporation (...
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MEMORANDUM-DECISION AND ORDER The Court here addresses the question of what consequences must flow from defects in a movant’s statement of material facts, which is a required submission in support of a summary judgement motion. At issue is a defective statement that contravened the District’s Local Rules by failing to present each purported material fact in the proper form — in a separate, numb...
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MEMORANDUM-DECISION AND ORDER Now before the Court are motions for reconsideration of the Court’s 30 September 1999 Memorandum-Decision and Order (“Order” (Doc.259)). In that Order the Court denied New York City Board of Education’s (“NYCBOE”) motion for summary judgment (Def.’s Notice Mot. (Doc. 181, 27 May 1998)), denied New York State Defendants’ (“State”) motion for summary judgment (Notice ...
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DECISION AND ORDER This matter comes before the Court following a Report-Recommendation filed on 6 March 2000 by the Honorable Gustave J. DiBianco, United States Magistrate Judge, pursuant to 28 U.S.C. § 636(b) and L.R. 72.3(c) of the Northern District of New York. Within ten days, excluding weekends and holidays, after a party has been served with a copy of a Magistrate Judge’s ...
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MEMORANDUM AND ORDER On May 22, 1995, plaintiffs Rockwell International Corporation and Rockwell Science Center, Inc. (collectively “Rockwell”) filed this action against SDL, Inc. (“SDL”) alleging infringement of United States Patent Number 4,368,098 (“the ’098 patent”). Rockwell now moves for partial summary judgment that claims 19, 30, 50, 56, and 72 are not invalid under 35 U.S.C. ...
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MEMORANDUM Before the court for disposition is the motion for summary judgment filed by Defendant Michelle Fleming and the motion for summary judgment filed by Defendant Sheriff Harry Geiger and the Sheriffs Office of Pike County. The parties in this action are the plaintiff, Kathleen Snyder and the defendants, Michelle Fleming, the Sheriffs Office of Pike County, Sheriff Harry Geiger, and hi...
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MEMORANDUM-DECISION AND ORDER I. Background Plaintiff Mr Dozier Washington is an employee of Defendant Niagara Mohawk Power Corporation (“Niagara Mohawk” or “Company”); his employment is governed by a collective bargaining agreement (“c.b.a.”), in which he is represented by Defendant International Brotherhood of Electrical Workers, AFL-CIO (“IBEW” or “Union”). Plaintiff s...
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MEMORANDUM-DECISION AND ORDER The court here addresses the problem of the proper disposition of a summary judgment motion for which the Movant failed to submit a timely statement of material facts, an ommission that would ordinarily render the motion fatally defective. At the same time, a summary judgment motion by the other Defendant calls on the Court to determine whether there are ...
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OPINION and ORDER Plaintiff Ferrostaal, Inc. filed this action on October 13, 1999, seeking damages for defendant’s alleged failure to deliver a shipment of steel bars. Before the Court is defendant’s motion for summary judgment pursuant to Federal Rule of Civil Procedure (“Fed. R. Civ.P.”) 56 and plaintiffs cross-motion for transfer of venue to the Southern District of Texas pursuant...
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MEMORANDUM OPINION AND ORDER Before the Court are Defendants’ Motion to Dismiss Amended Complaint, filed February 4, 2000, and all responses and replies thereto. Upon careful consideration of the arguments and authorities of the parties, the Court finds that Defendants’ motion is meritorious. Therefore, the Court GRANTS Defendants’ Motion to Dismiss and DISMISSES Plaintiffs federal cl...
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*98 MEMORANDUM — DECISION AND ORDER The Court must here determine whether Plaintiff Ms. Iva Woodford was an eligible employee for purposes of the Family and Medical Leave Act. This requires an assessment of the relevance of Plaintiffs time sheets to the question of whether she worked the minimum number of hours required to qualify under the act. The Court must also determine whether Defen...
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ORDER I. Introduction This matter came before the undersigned United States Magistrate Judge pursuant to a special assignment, made in accordance with the provisions of Title 28 U.S.C. § 636(c)(1), upon the Motion of the Plaintiff for Summary Judgment, and for Leave to File a Memorandum in response to the Defendants’ Motion in Opposition to Summary Judgment. 1 A He...
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101 F.Supp.2d 788 (2000) TRANSCLEAN CORPORATION, James P. Viken, Jon A. Lang, and Donald E. Johnson, Plaintiffs, v. BRIDGEWOOD SERVICES, INC., Defendant. No. Civ. 97-2298(RLE). United States District Court, D. Minnesota. April 21, 2000. *789 *790 Jon S. Swierzewski, Alan Marshall Anderson, Renee L. Jackson, Christopher K. Larus, Larkin Hoffman Daly & Lindgren, Bloomington, MN, for Transclean ...
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MEMORANDUM-DECISION AND ORDER I. Background Plaintiff Mr William Leach brings this prisoner civil rights action, alleging that Defendants deprived him of his rights in violation of 42 U.S.C. § 1983. Plaintiff alleges that Defendants acted in unlawful disregard of his health, subjected him to repeated harassment and verbal abuse, retaliated against him for filing grievance...
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ORDER AS TO SUMMARY JUDGMENT MOTION INTRODUCTION [¶ 1] The Crow Creek Sioux Tribe (“Tribe”) and William Shields, Jr. (“Shields”), an enrolled member of the Crow Creek Sioux Tribe, have brought this action 1 against Hattum Family Farms (“Hattum Farms”) and Robert Hattum (“Hattum”) to set aside a lien being claimed on the Tribe’s crops, to require Hattum to render an account...
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ORDER GRANTING DEFAULT JUDGMENT BACKGROUND On September 3, 1999, Kingvision Pay-Per-View (“Plaintiff’) filed suit against Defendant Fred M. Marker (“Defendant”), individually and d/b/a Blue Bird Cocktails for the unlawful interception and broadcast of the Mike Tyson v. Bruce Seldon Championship Boxing Program (“the Program”) on September 7, 1996, for which Plaintif...
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MEMORANDUM OF DECISION AND ORDER Plaintiffs Essex Group Inc. (“Essex”) and Superior Telecommunications, Inc. (“Superior”) (collectively herein “the Plaintiffs”) filed this action for a declaratory judgment asserting that its use of the COBRA trademark did not infringe upon the Defendant’s alleged trademark rights in the COBRA trademark. Presently before *913 the court is ...
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MEMORANDUM OPINION In this 18-year old lawsuit, the plaintiffs, who are female officers in the Sheriffs Department for Montgomery County, Alabama, obtained relief from sex discrimination and harassment. The defendants are the Sheriffs Department and several departmental and other county officials. This lawsuit is now before the court on the defendants’ motion to terminate. Based on the evidence...
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Memorandum Opinion Now pending is a motion to alter or amend the judgment of the Court and for leave to file an amended complaint filed by Ellen Gayle Moore (“Moore”), Fannie McConnell (“McConnell”), Spencer Williams (“Williams”), and Anita Bowers (“Bowers”) on April 24, 2000. In that motion, the Plaintiffs seek to have this Court (1) permit them to amend their complaint in order that the...
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106 F.Supp.2d 929 (2000) Jewell Lamont ALLEN, Petitioner, v. UNITED STATES of America, Respondent. No. Civ. 00-40079, No. Crim. 97-50021-03. United States District Court, E.D. Michigan, Southern Division. June 21, 2000. *930 Jewell Allen, Bradford, PA, pro se. OPINION AND ORDER DENYING PETITIONER'S MOTION TO VACATE, SET ASIDE, OR CORRECT SENTENCE PURSUANT TO 28 U.S.C. § 2255 GADOLA, District Jud...
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*433 OPINION This matter is before the Court on the parties’ several cross-motions for summary judgment concerning all claims pending in this matter. These motions have now been fully briefed and there is no need for oral argument on the motions. For the reasons which follow, the Court will dismiss all federal law claims and remand state law claims to state court. PROC...
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101 F. Supp. 2d 534 (2000) Karen SMITH, Plaintiff, v. CHRYSLER FINANCIAL CORPORATION, Chrysler Corporation, James Kozik and Allan Ronquillo, jointly and severally, Defendants. No. 97-CV-60309-AA. United States District Court, E.D. Michigan, Southern Division. May 30, 2000. *535 *536 Michael C. Curhan, Lipson, Neilson, Jacobs & Cole, PC, Troy, MI, for plaintiff. Kenneth C. Hortop, Chrysler Mot...
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OPINION On July 29, 1999, plaintiff Barbara Richards filed a three-count complaint against defendants, Sandusky Community Schools and its superintendent James R. Nolan, alleging a violation of 42 U.S.C. § 1983 based upon her First Amendment right to communicate violations of health and safety laws (Count I), violation of Michigan’s Whistleblower Act (Count II), and defamation (Count I...
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101 F.Supp.2d 1365 (2000) UNITED STATES of America ex rel. F. Kevin BUTLER, Plaintiffs, v. MAGELLAN HEALTH SERVICES, INC., a/k/a Charter Medical Corporation, et al., Defendants. No. 8:97-CV-1925-T-17B. United States District Court, M.D. Florida, Tampa Division. June 20, 2000. *1366 Andrew Grosso, Law Office of Andrew Grosso, Washington, DC, Paul B. Catania, Catania & Catania, P.A., Tampa, FL,...
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OPINION Defendants’ Rimtec Corporation (“Rimtec” or “Company”), Teruhisa Koeda and Ray Johnston, Sr., move for partial summary judgment on plaintiffs’ claims alleging age discrimination under the Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq. (“ADEA”), the New Jersey Law Against Discrimination, N.J.S.A. 10:5-1 et seq. (“NJLAD”), and their claims of neg...
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ORDER ON OBJECTIONS TO MAGISTRATE’S REPORT AND RECOMMENDATION The broad question presented by the objections to the Report and Recommendation is whether a wrongful death state action based on the negligent decision of a managed health plan physician-administrator, which rejected a request of the patient’s private physician to extend a hospital stay, is completely preempted by the Empl...
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MEMORANDUM On March 18, 1993, the petitioner, Paul Kratsas, was convicted by a jury of conspiracy to distribute and possess with intent to distribute cocaine in violation of 21 U.S.C. § 846, and laundering proceeds of unlawful activities in violation of 18 U.S.C. § 1956(a)(1)(B)(I). Given petitioner’s two prior convictions for felony drug offenses, the court imposed a mandatory life sentence ...
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104 F. Supp. 2d 663 (2000) UNITED STATES of America v. Keith Joseph DUHON. No. 97-60034-001. United States District Court, W.D. Louisiana, Lafayette-Opelousas Division. June 1, 2000. *664 Joseph Thomas Mickel, U.S. Atty's Office, Lafayette, LA, for U.S. Wayne J. Blanchard, Federal Public Defenders Office, Lafayette, LA, for Defendant. Patricia Williamson, Milton, LA, interested party, pro se. FI...
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ORDER BACKGROUND [¶ 1] Plaintiff, Christian Children’s Fund, Inc. (“CCF”), is a non-profit corporation with a goal of providing aid to needy children. It has provided assistance to Native American children in South Dakota since at least 1970. CCF is incorporated in and domiciled in the Commonwealth of Virginia. CCF obtains sponsors'for children. Sponsors pledge a monthly amount of fi...
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OPINION This matter is opened before the Court, pursuant to 42 U.S.C. §§ 405(g) and 1631(c)(3), upon the request of plaintiff Luis Mario Rivera for review of the final determination of the Commissioner of Social Security (“Commissioner”) that plaintiffs Social Security Disability Insurance (“SSDI”) benefit should be offset by his workers’ compensation award. The complaint has been dec...
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OPINION This is a commercial dispute. Plaintiff United Technologies Corporation manufactures gas turbine engines for commercial aircraft. Defendant Chromalloy Gas Turbine Corporation repairs engines manufactured by United. In 1975, United began licensing its patented technology to Chro-malloy for use in repairing engines manufactured by United. On July 11, 1995, United filed a compla...
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AMENDED MEMORANDUM OPINION AND ORDER [¶ 1] Pending before the Court in this action 1 are defendants’ motion for relief from judgment, Doc. 209 2 , Cheyenne Riv *1168 er Sioux Tribe’s motion to dismiss defendants’ motion for relief from judgment, Doc. 214, the United States’ motion for leave to file sur-reply brief, Doc. 218, and the United States’ motion...
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94 F. Supp. 2d 703 (2000) Patricia HOOP, Administratrix of the Estate of Norman Edward Hoop, III, deceased, Plaintiff, v. UNITED STATES of America, Defendant. Jerry W. Fesmire, Administrator of the Estate of Kristina Dawn Fesmire, Plaintiff, v. United States of America, Defendant and Third Party Plaintiff, v. Patricia Hoop, Administratrix of the Estate of Norman Edward Hoop, III, deceased, Third ...
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108 F. Supp. 2d 960 (2000) Carol L. MILLER, Plaintiff, v. Donal CAMPBELL, et al., Defendants. No. 00-2539-D/V. United States District Court, W.D. Tennessee, Western Division. June 27, 2000. *961 Carol L. Miller, Memphis, TN, pro se. ORDER TO COMPLY WITH PLRA ORDER ASSESSING FILING FEE ORDER OF DISMISSAL ORDER DENYING MOTION FOR APPOINTMENT OF COUNSEL AND ORDER CERTIFYING APPEAL NOT TAKEN IN GOOD...
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MEMORANDUM OPINION AND ORDER Defendants Challenge Properties d/b/a Robin Square Apartments, Alfred D. Hughes Corporation, and Alfred D. Hughes (“Robin Square Defendants”) have filed a renewed motion for judgment as a matter of law and a motion for entry of judgment as to all class members. For the reasons stated herein, both motions are granted. I. This is a class action bro...
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ORDER Before the court is defendant’s motion to dismiss plaintiffs first amended complaint for failure to prosecute pursuant to FRCP 41(b) and 4(m). The court finds the motion suitable for determination without oral argument. See Civil LR 7 — 1(b). The hearing scheduled for June 29, 2000, at 2:00 pm, is therefore, VACATED. Television Signal Corporation filed this action on April 30, 1999, challeng...
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OPINION Robert O. Marshall (“petitioner”), a New Jersey prisoner currently under a sentence of death, brings a twenty-two count petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner also moves for discovery under Rule 6 of the Federal Rules Governing Section 2254 Cases and for an evidentiary hearing. For the reasons set forth below, petitioner’s motion for discover...
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MEMORANDUM AND ORDER On May 22, 1995, Plaintiffs Rockwell International Corporation and Rockwell Science Center (“Rockwell”) filed this action against SDL, Inc. (“SDL”) alleging infringement of United States Patent Number 4,368,098 (“the ’098 patent”). This court subsequently stayed further proceedings pending the outcome of an action before the United States Court of Federal Claims i...
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ORDER GRANTING DEFENDANTS STATE OF CALIFORNIA MOTION TO DISMISS WITH PREJUDICE; ORDER GRANTING DEFENDANTS MONTEREY COUNTY MOTION TO DISMISS WITH PREJUDICE; ORDER DENYING PLAINTIFF LEAVE TO FILE THIRD AMENDED COMPLAINT AND STRIKING COMPLAINT FROM THE RECORD; ORDER STRIKING PLAINTIFF’S SUPPLEMENTAL PLEADINGS FROM THE RECORD. Before the Court are the Motions to Dismiss filed on February 14, 2000 by D...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING PROBABILITY OF SUCCESS AND IRREPARABLE INJURY; REQUEST FOR SUPPLEMENTAL BRIEFING CONCERNING REMEDY; ORDER DENYING DEFENDANTS’ OBJECTION TO EXTRA-RECORD MATERIAL INTRODUCTION On motion for preliminary injunction, this order finds that plaintiffs have shown a probability that the National Park Service violated its own regulations requir...
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OPINION This case involves a dispute between three hospitals (Centra Health, Inc., d/b/a Lynchburg General Hospital and d/b/a Virginia Baptist Hospital, and Bedford County Memorial Hospital, Inc., d/b/a Carilion Bedford Memorial Hospital) (“Plaintiff Hospitals”) located in or near Lynchburg, Virginia and the Secretary of the Department of Health and Human Services (“DHHS”) over the allege...
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MEMORANDUM OPINION AND ORDER Plaintiffs’ amended consolidated complaint, filed April 22, 1999, alleges securities fraud against Baan Company, N.V. (Baan) and several of its officers and directors. Baan is a Netherlands corporation with offices in the Netherlands and Reston, Virginia. The uncertified class consists of individuals who bought Baan securities (including common stock, ADRs...
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*445 MEMORANDUM OPINION This diversity action is before the Court on Plaintiffs’ motion to remand. For the following reasons, Plaintiffs’ motion will be denied. Background Plaintiffs William and Alice B. Knauer are residents of Ohio. Defendant Ohio State Life Insurance Company is incorporated and has its principal place of business in Texas. In October, 1997, P...
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MEMORANDUM OF OPINION AND ORDER This action is before the Court upon plaintiffs’ unopposed motion for an award of reasonable attorneys’ fees and costs *857(Doc. 112), filed on July 15, 1997.1 The Court has reviewed the memorandum in support (including the detañed affidavits of Edward G. Kramer, Marc Assa, Marilyn Tobocman, Lisa L. Scott, and Denise J. Knecht, the unsworn declaration pursuant to...
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112 F. Supp. 2d 803 (2000) Deborah C. WESTBURY, Petitioner, v. Kristine KRENKE, Warden, Taycheedah Correctional Institution, Respondent. No. 99-C-0453. United States District Court, E.D. Wisconsin. June 26, 2000. *804 *805 *806 Mark Eisenberg, Madison, WI, for Petitioner. Daniel O'Brien, Asst Atty. Gen., Madison, WI, for Respondent. DECISION AND ORDER ADELMAN, District Judge. Deborah C. Westbury...
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ORDER DENYING MOTION TO REMAND; ORDER DENYING MOTION TO DISMISS; ORDER DENYING MOTION TO CONFIRM ARBITRATION AWARD; AND ORDER VACATING ARBITRATION AWARD I. INTRODUCTION. These consolidated cases come before this court with two sets of motions. The first set seeks a remand of one of the cases and dismissal of the other. Because this court has diversity jurisdiction and is ...
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OPINION This is an appeal from an order entered by the Bankruptcy Court granting a Motion To Approve Settlement Agreement, Or In The Alternative, To Compel Performance Under Settlement Agreement filed by Deborah H. Devan, the Chapter VII Trustee of the estates of Merry-Go-Round Enterprises and its affiliates (“MGRE”). The motion was directed to Simon Properties, L.P. (“Simon”), the landlord of ...
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MEMORANDUM OPINION AND ORDER Plaintiffs Ellen Swartz Godfrey (“God-frey”) and Diane Swartz Williams (“Williams”) have filed a four-count amended complaint against Defendants Chester T. Ka-min (“Kamin”), Herbert B. Olfson (“Olfson”), the law firm of Jenner & Block (“Jenner”), and Robert Swartz, plaintiffs’ brother, alleging breach of fiduciary duty for failing to provide trust accountings (Count...
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MEMORANDUM AND ORDER This civil action has been brought by the members of seventeen different families who reside in a residential development known as Calvert Ridge and located in Elkridge, Howard County, Maryland. Plaintiffs have here sued certain home builders who developed, built and marketed the homes in which plaintiffs live. In their amended complaint, plaintiffs claim that their homes w...
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MEMORANDUM OPINION AND ORDER The plaintiffs, Mrs. M., on her own and on behalf of her daughter I., 1 and the Puerto Rican Coalition in Bridgeport (“PRC”) bring this action against the Bridgeport Board of Education (“BBE”) and James Connelly, the Superintendent of the Bridgeport Public Schools, pursuant to the Individuals with Disabilities Education Act (“IDEA”), 20 U.S.C. §...
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OPINION AND ORDER Before the Court is the Appeal of Defendants LDL Communications, Inc. a/k/a Leblanc Broadcast, Inc. (“LDL”) and Leblanc & Royle Telcom, Inc. a/k/a Leblanc Limited (“Leblanc”) from the May 30, 2000, Order of United States Magistrate Judge Alfred G. Nicols, Jr. denying the Motion of Defendants for a protective order. Defendants ask the Court to overrule the Magistrate’s Order an...
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OPINION AND ORDER This cause is before the Court on the Motion of Defendants LDL Communications, Inc. a/k/a Leblanc Broadcast, Inc. (“LDL”) and Leblanc & Royle Telcom, Inc. a/k/a Leblanc Limited (“Leblanc”) for Summary Judgment on the cross-claim of Defendants Royal Insurance Company of America (“Royal”) and Globe Indemnity Company (“Globe”). 1 After considering *348...
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Memorandum and Order I. Pending Matters Pending for decision are the following matters: (1) Plaintiffs Motion For Relief Under Rule 60 (Docket No. 56, filed November 10, 1999); (2) Shareholders’ Motion For Leave To Intervene Under Rule 24 (Docket No. 57, filed November 10,1999); and (3) Defendant’s Motion to Strike the Motions Filed By Dennis J. Solomon Under the Titles “Plaintiffs Extraordinary ...
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*47 Opinion I.Pending Matters The following matters are pending for decision after documentary submissions and oral argument on April 27, 2000: (1) Motion to Continue Stay of the Execution of Sentence (Docket No. 104, filed March 24, 2000). (2) Motion for Reconsideration of Downward Departure (Docket No. 105, filed March 24, 2000). (3) Motion for New Trial (Docket No. 106, filed March...
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This cause came for hearing on a previous date upon the Motion of the Defendant for Summary Judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. The Court, having studied the legal memo-randa and exhibits submitted by the parties, the record, and the applicable law, is fully advised on the premises and ready to rule. ORDER AND REASONS I. Background On Decembe...
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109 F. Supp. 2d 496 (2000) Minnette MONTEGUT, et al. v. WILLIAMS COMMUNICATIONS, INC. No. Civ.A. 99-1858. United States District Court, E.D. Louisiana. June 23, 2000. *497 Thomas J. Malik, Law Offices of Thomas J. Malik, Laplace, LA, for Minnette M. Montegut, John F. Montegut, Elizabeth DuPont, Christy Montegut, J. Oswald Montegut, Roy C. Montegut, Walton Montegut, Leo Montegut, plaintiffs. Betsy...
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104 F.Supp.2d 80 (2000) Cassie S. LEMIRE, Plaintiff, v. Joseph SILVA, Joan Silva, Russel Norton, The Sandwich School Department, The Town of Sandwich, Defendants. No. Civ.A. 98-10056-REK. United States District Court, D. Massachusetts. June 21, 2000. *81 *82 John T. Landry, Braintree, MA, Daniel W Rice, Boston, MA, for Cassie S. Lemire, plaintiff. Leonard H. Kesten, Carol E. Kamm, Brody, Hardoon,...
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106 F. Supp. 2d 103 (2000) UNITED STATES of America, Plaintiff, v. K. Glenn SHAW, Eileen B. Aird, and Louise Verde, Defendants. No. Crim.A. 99-10044-RE. United States District Court, D. Massachusetts. June 19, 2000. *104 Nancy Silverman, Martha Purcell Rogers, Ober Kaler, Washington, DC, for Eileen B. Aird. Douglas Farquhar, Hyman, Phelps & McNamara, Washington, DC, Maria R. Durant, David M. ...
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111 F. Supp. 2d 57 (2000) John Brian ATTWOOD, Petitioner, v. Janet RENO et al., Respondents. No. CIV. A. 00-10414-JLT. United States District Court, D. Massachusetts. June 16, 2000. *58 Robert D. Watt, Jr., Providence, RI, for John Brian Attwood, Plaintiffs. Frank Crowley, Immigration & Naturalization, Special Assistant U.S. Attorney, Boston, for Janet Reno, Doris Meissner, Steve Farquaharson...
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MEMORANDUM AND ORDER ON DEFENDANT’S MOTION FOR SUMMARY JUDGMENT (# 46) I. Introduction Wal-Mart prides itself on its policy of having “people greeters” with smiling faces who stand at the entrances to their stores presumably to “greet” shoppers. 2 At times, Wal-Mart assigns the “greeters” to do other tasks. Mary Claire Ball (hereinafter, “Ms.Ball”) had an encounter...
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95 F. Supp. 2d 473 (2000) Michael J. BLOHM, Plaintiff, v. DILLARD'S INC., Walter Grammer, Robert Kayda, and Vicki Brown, Defendant. No. 5:99-CV-475-BR(4). United States District Court, E.D. North Carolina, Western Division. April 6, 2000. *474 Terry M. Kilbride, Nina G. Kilbride, Smith, Debnam, Narron, Wyche, Story and Myers, Raleigh, NC, for Michael J. Blohm, plaintiff. Gregory P. McGuire, Hayns...
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MEMORANDUM AND ORDER This case involves whether a Missouri statute and its accompanying regulations are preempted by the Employee Retirement Income Security Act (“ERISA”), 29 U.S.C. § 1001, et seq. The challenged state law essentially forbids health maintenance organizations (“HMOs”) from re *1138 quiring their enrollees to have their prescriptions filled by mail s...
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MEMORANDUM AND ORDER APPOINTING LEAD PLAINTIFF AND APPROVING LEAD COUNSEL The above referenced proposed class action consists of thirty-two consolidated actions brought by Plaintiffs composed of Waste Management, Inc.’s stock, bond and/or options purchasers or acquirers whose investments were obtained during a proposed class period, as yet undetermined, sometime between 6/10/98 and 8/...
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*1148 AMENDED MEMORANDUM OPINION AND ORDER [¶ 1] Pending before the Court in this consolidated action are Standing Rock Sioux Tribe’s motion for partial summary-judgment (Doc. 53), United States’ motion for partial summary judgment (Doc. 57), and the defendants’ motion for relief from injunctions (Doc. 60). The motions have been fully briefed and the Court will decide the motions...
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MEMORANDUM AND ORDER Pending before the court is Defendants Lucent Technologies Inc. Pension Plan (“the Lucent Plan”) and Lucent Technologies Inc.’s (“Lucent”) Motion for Summary Judgment (#20). Having reviewed the motion, the submissions of the parties, the pleadings, and the applicable law, the court is of the opinion that Defendants’ motion should be granted. I. Background ...
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MEMORANDUM OPINION AND ORDER I. Introduction The plaintiffs filed a complaint in the Circuit Court of Montgomery County seeking compensatory and punitive damages and, purportedly, an injunction on a class wide basis against Blue Cross for its alleged refusal to comply with ALA. CODE § 27-51-1 (1975) (the “Physician Assistant Statute”). 1 Specifically, the plaintiffs al...
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OPINION & ORDER On December 9, 1999, defendant Michael William Bull was convicted by a jury of one count of conspiracy to violate the narcotics laws of the United States and of one count of possession with intent to distribute a controlled substance. On February 4, 2000, this Court denied Bull’s motion for a judgment of acquittal pursuant to Fed.R.Crim.P. 29 on the grounds of insuffic...
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SENTENCING OPINION AND ORDER On June 8, 1999, defendant Charles Schwarz was found guilty on Counts One and Four of a twelve-count superceding indictment. Count One charged Schwarz with conspiracy to deprive Abner Louima of his civil rights in violation of 18 U.S.C. § 241, and Count Four charged him with violating Louima’s civil rights under color of law by striking and sexually assaulting him i...
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OPINION AND ORDER Plaintiff Ingrid Campbell brings this action under Title VII of the Civil Rights Act, 42 U.S.C. § 2000e et seq., alleging claims of racial discrimination for failure to promote and wrongful termination. 1 Defendants Alliance National Incorporated (“Alliance”), Daria Semkow and Laura Ko-zelouzek move for summary judgment dismissing the complaint ...
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ORDER At the heart of this dispute is a bitter intra-family feud over the estate of Byrdie Goldman who died in 1991. The feud has given rise to multiple lawsuits in different forums. At one point, it led to the issuance of an arrest warrant for Byrdie Goldman’s son Donald Goldman, a New York attorney. Mr. Goldman has been accused of violating New Jersey State court orders; of improperly (fraudu...
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OPINION and ORDER Plaintiff Michele Taddeo seeks compensatory, punitive and liquidated damages under the federal Age Discrimination and Employment Act of 1967, 29 U.S.C. §§ 621, et seq. (“ADEA”), the New York State Human Rights Law, N.Y.Exec.Law §§ 296, et seq., and the New York City Human Rights Law, N.Y.C.Admin.Code, §§ 8-101, et seq., for the terminatio...
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MEMORANDUM — DECISION and ORDER I. PROCEDURAL BACKGROUND Plaintiff Robert R. Ruhlmann (“plaintiff’ or “Ruhlmann”) filed this action on February 16,1999, alleging violations of the Fourth and Fourteenth Amendments to the United States Constitution; the Americans with Disabilities Act, 42 U.S.C. § 12101-12213 (“ADA”); and various state constitutional, statutory, and common laws. The gravamen of pla...
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MEMORANDUM & ORDER In compliance with the Mandate of the Court of Appeals in Leather v. Ten Eyck, 180 F.3d 420 (2d Cir.1999), the issues in this case were tried to a jury beginning on February 7, 2000, resulting in a verdict on February 15, 2000 in favor of Plaintiff against defendants Ten Eyck, Lindert, Restivo and Thoubboron, as well as the County of Putnam. Compensatory dama...
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The above styled case is presently before this Court on Defendants’ motion for summary judgment (tab # 41). I. FACTS At the time of the events alleged in his complaint, the plaintiff, Adam Smith, was a fifth grade student at Union Point Elementary School. Plaintiff is represented in this action by his mother, Ms. Vivian Lanham. Defendant S. Jean Goodwin was the principal of Union Poin...
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100 F. Supp. 2d 1352 (2000) Beverly NORMAN, Plaintiff, v. Kenneth S. APFEL, Commissioner of Social Security, Defendant. No. 1:97-CV-1565-WBH. United States District Court, N.D. Georgia, Atlanta Division. February 11, 2000. Charles Lee Martin, Office of Charles L. Martin, Decatur, GA, for Beverly Norman, plaintiff. William G. Traynor, Office of United States Attorney, Atlanta, GA, for Kenneth S. A...
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ORDER Before the Court in the captioned case is Defendant’s Motion for Summary Judgment. For the reasons given below, Defendant’s motion is GRANTED. I. Background Plaintiff is suing Defendant for employment discrimination. Plaintiff claims that Defendant singled her out for discipline and demotion because she is a woman. Defendant delivers cable television to its customers ...
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ORDER Before the Court in the captioned case is Plaintiffs Motion for Summary Judgment on Defendant’s counterclaims. A hearing was held on March 14, 2000. Upon consideration of the parties’ briefs, oral argument, and the relevant law, Plaintiffs motion is DENIED. I. Background Plaintiff Cashback Catalog Sales, Inc. (“Cashback”) is in the check cashing business. Defendant James P...
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104 F.Supp.2d 48 (2000) Martin Gardner REIFFIN, Plaintiff, v. MICROSOFT CORPORATION and Harold C. Wegner, Defendants. No. CIV.A.2000-567 RMU. United States District Court, District of Columbia. June 26, 2000. *49 Martin Gardner Reiffin, Danville, CA, Plaintiff pro se, Mr. Martin G. Reiffin. Gary M. Zinkgraf, Foley & Lardner, Washington, DC, for defendant Harold C. Wegner. William D. Dolan, II...
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104 F. Supp. 2d 58 (2000) AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, et al., Plaintiffs, v. UNITED STATES, et al., Defendants. No. CIV.A.2000-936 RMU. United States District Court, District of Columbia. June 30, 2000. *59 *60 Anne Wagner, American Federation of Government Employees, AFL-CIO, Washington, D.C., for plaintiffs, the AFL-CIO's American Federation of Government Employees, AF...
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MEMORANDUM OPINION Granting the Defendant’s Motion for Summary Judgment I. INTRODUCTION This matter comes before the court on the defendant Washington Metropolitan Area Transit Authority (“WMATA”)’s motion for summary judgment. The plaintiff alleges that WMATA racially discriminated and retaliated against him in violation of Title VII of the Civil Rights Act of 1964, 42 U.S....
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120 F.Supp.2d 704 (2000) Edward O'HARA, Plaintiff, v. ILLINOIS DEPARTMENT OF MENTAL HEALTH, and Janis Thomas, Donald Kraybill, Mary Brogan, individually and in their official capacities, Defendants. No. 96 C 6752. United States District Court, N.D. Illinois, Eastern Division. June 27, 2000. *705 *706 Edward O'Hara, Chicago, IL, plaintiff, pro se. Evelyn R Pacino, Illinois Attorney General's Offic...
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MEMORANDUM AND ORDER Plaintiff Henkel Corp. (“Henkel”) brings this diversity action against defendant Poly-glass USA, Inc. (“Polyglass”) to-recover for property damage to plaintiffs warehouse building caused by a fire. Plaintiff alleges defendant is responsible for the fire damage because of defendant’s torch-applied roofing material, which plaintiff alleges was manufactured and supplied in an inh...
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MEMORANDUM AND ORDER William Evans petitions this Court for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, challenging his 1992 state court convictions on robbery charges. In a decision dated October 12, 1999, (the “October 1999 Order”), the court reserved decision on this Petition and ordered the parties to submits briefs on what was, at the time, a novel statute of limitations issue....
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MEMORANDUM DECISION AND ORDER This case concerns allegations by the Plaintiffs under the Federal Tort Claims Act (“FTCA”), 28 U.S.C. § 2671-2680, and 42 U.S.C. § 1983 against the United States and several agents of the Federal Bureau of Investigation (“FBI”). Presently before the Court are the Plaintiffs’ motion to amend the complaint and the Defendants’ motion for partial summary judgmen...
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MEMORANDUM DECISION AND ORDER This case involves allegations by the Plaintiffs that the Defendants engaged in securities fraud by selling assets of the closely-held corporation OSCM One-Stop, com, Inc. (“OSCM”). Presently before the Court are motions by Defendants OSCM, AMCI International, Inc. (“AMCI”) and Gerard Conca to dismiss the complaint for lack of subject matter jurisdiction unde...
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MEMORANDUM OF DECISION AND ORDER Presently before the Court is the Plaintiffs’ motion to re-open the settlement reached in this case on June 16, 1999 as against Defendant Merrill, Lynch, Pierce, Fenner & Smith (“Merrill, Lynch”). On June 16, 1999, the parties appeared in open court and placed a stipulation of settlement of the above-referenced case on the record. The settlement...
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MEMORANDUM OF DECISION AND ORDER This class action securities fraud case was brought by purchasers of stock in Defendant Twinlab Corp. (“Twinlab”) against the corporation, its underwriters, and its directors and officers, alleging that the company engaged in fraudulent accounting and business practices in an effort to artificially inflate its stock price. Presently before the Court are mo...
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MEMORANDUM DECISION AND ORDER This case concerns allegations of fraud and breach of contract by Plaintiff, Pacs Industries, Inc. (“Pacs”), against Defendants Cutler-Hammer, Inc. (“Cutler”). Presently before the Court is Cutler’s motion for judgment on the pleadings pursuant to Fed.R.Civ.P. 12(c). BACKGROUND The facts of this case can be briefly stated. In December 1994, Pacs...
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MEMORANDUM — DECISION AND ORDER INTRODUCTION Defendants move to dismiss the complaint pursuant to Fed.R.Civ.P. 12(b)(6) in this copyright infringement action. Plaintiffs cross-move for a preliminary injunction. *443COMPLAINT On July 2, 1999, plaintiffs filed a complaint in New York State Supreme Court, Columbia County, alleging that since 1984 plaintiffs have published a monthly real estate guide ...
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OPINION AND ORDER Plaintiff DVL, Inc. sues defendant Jeffrey Mutnick for breach of contract based on Mutnick’s failure to make payments due under a promissory note that he signed in 1985. Mutnick moves for summary judgment pursuant to Fed.R.Civ.P. 56(c) on the ground that DVL’s claim is time-barred. DVL cross-moves for summary judgment, arguing that when Mutnick joined a class action sett...
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104 F. Supp. 2d 1373 (2000) Catherine SCHRECK, Plaintiff, v. RELIANCE STANDARD LIFE INSURANCE, Defendant. No. 99-6735-CIV. United States District Court, S.D. Florida, Miami Division. June 29, 2000. Carl S. Karmin, Karmin & Adler, Ft. Lauderdale, FL, for Plaintiff. Joshua Bachrach, Rawle & Henderson, Philadelphia, PA, Gene D. Lipscher, Alley Moss Rogers & Lindsay, Palm Beach, FL, for D...
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MEMORANDUM & ORDER The defendant moves to transfer this action to the Southern District of Texas, Houston Division. Because the defendant has not met its burden of showing that the interests of justice or the convenience of the parties would be served by such a transfer, the motion will be denied. Background Eagle Global Logistics, also known as Eagle U.S.A. Airfreight, I...
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ORDER GRANTING EMERGENCY MOTION TO SET BOND The defendant vessel, the M/V Destiny Panama, “together with her boats, tackle, apparel, furniture, engines, and appurtenances,” was arrested on May 18, 2000, to secure the plaintiffs’ wrongful death claim. Warrant for Arrest In Rem [D.E. 10] (May 18, 2000). See also Amended Complaint [D.E. 8] (May 17, 2000); Ame...
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OPINION INTRODUCTION Plaintiff Emcore Corporation, a publicly-held corporation based in Somerset, New Jersey, designs and manufactures compound semiconductor wafers and devices used in the production of electronic goods. This action arises, according to plaintiff, out of the concerted illegal actions taken by defendants PricewaterhouseCoopers LLP (“PWC”), certain PWC partners, and PW...
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MEMORANDUM ORDER Move over, Archie Bunker. According to the plaintiff here, defendant Brink’s Inc. and three of its executives are so steeped in prejudice that they intentionally discriminated against her on grounds of race, national origin, gender, age, and disability — all at once. The only problem is that even after extensive discovery plaintiff cannot support any of these allegations with...
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MEMORANDUM and ORDER Plaintiffs, Philip Kirsh and Rona Kirsh, seek a refund of $50,590 claiming overpaid taxes from 1993, 1992 and 1991 due to net operating loss (“NOL”) carryback from 1994. The United States has made a motion to dismiss for lack of subject matter jurisdiction on the ground that plaintiffs failed to file a timely formal or informal claim. For the following reasons, de...
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101 F. Supp. 2d 1370 (2000) UNIVERSITY CREEK ASSOCIATES II, LTD., a Florida limited partnership, Plaintiff, v. BOSTON AMERICAN FINANCIAL GROUP, INC., a Delaware corporation, f/k/a Bostonia American Financial Group, Inc., and Credit Suisse First Boston Mortgage Capital LLC, a New York corporation, Defendants. No. 98-6643-CIV. United States District Court, S.D. Florida. May 31, 2000. Steven M. Katz...
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OPINION I. These consolidated actions had their genesis in various divorce and child custody disputes between Richard Chang, father of Plaintiff Rei-Jeu Chang, and Richard Chang’s estranged wife, Defendant Yue Tian. 1 The disputes have been the subject of several lawsuits in the Circuit Court for Montgomery County, Maryland, one of which challenged Richard Chang’s cont...
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DECISION AND ORDER In August 1999 defendant Shirley Jetter grounded her sailboat on Plum Island in Door County, Wisconsin. She then contracted with plaintiff Robert W. Carr to salvage her boat from the Plum Island reef. Plaintiff salvaged the boat and submitted a bill to defendant for $15,830. Defendant allegedly failed to pay the bill, whereupon plaintiff sued her for breach of contr...
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109 F.Supp.2d 500 (2000) STANLEY TOOLS, A Product Group of the Stanley Works v. MADISON MILLS, INC. No. Civ.A.00-1023. United States District Court, E.D. Louisiana. June 27, 2000. *501 Steven Barth Witman, Law Offices of Steven B. Witman, Metairie, LA, for Plaintiff. Gerald A. Melchiode, Scott J. Bradley, Galloway, Johnson, Tompkins & Burr, New Orleans, LA, for Defendant. BARBIER, District Ju...
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DECISION AND ORDER On March 4, 1996, a train owned by defendant Wisconsin Central Ltd. (WCL) derailed in Weyauwega, Wisconsin, causing damage to the property of plaintiff Kim Kaminske and his wife Laurie. Ultimately the Kaminskes and defendant settled the Kaminskes’ claim for damages. Subsequent to the settlement a dispute arose between the Kaminskes and defendant, and defendant repor...
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113 F.Supp.2d 915 (2000) PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC., Plaintiff, v. Michael T. DOUGHNEY, Defendant. No. CIV.A. 99-1336-A. United States District Court, E.D. Virginia, Alexandria Division. June 12, 2000. *916 *917 David Neil Ventker, Huff, Poole & Mahoney, P.C., Virginia Beach, VA, for People for Ethical Treatment of Animals, Inc., plaintiff. Richard Taylor Rossier, McLeo...
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MEMORANDUM OPINION AND ORDER Donald Malee, a former Village of Oak Brook police officer, originally filed three claims against seven defendants, the Village and six of its officials, claiming that Defendants discriminated against him in his employment because of his disability in violation of the Americans with Disabilities Act (ADA); denied him his due process right; and violated his free spee...
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*883 MEMORANDUM OPINION AND ORDER Plaintiff Kalamazoo Realty Venture Limited Partnership has filed a one-count complaint against defendants Blockbuster Entertainment-Corp. (“Blockbuster”) and Viacom, Inc., alleging breach of a guaranty. Defendants have filed a motion to dismiss for lack of jurisdiction pursuant to Fed.R.Civ.P. 12(b)(1), or in the alternative, a motion to tran...
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104 F. Supp. 2d 1 (2000) Curt HIMMELMAN, Plaintiff, v. MCI COMMUNICATIONS CORPORATION, Defendant. No. CIV.A. 99-1705 RMU. United States District Court, District of Columbia. February 10, 2000. Andrew N. Friedman, Cohen, Milstein, Hausfeld & Toll, PLLC, Washington, D.C., Liaison Counsel for plaintiff, Curt Himmelman. Joshua N. Rubin, Abbey, Gardey & Squitieri, LLP, New York, NY, Co-Counsel...
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MEMORANDUM OPINION Granting in part and Denying in part the Defendant’s Motion for Partial Summary Judgment I. INTRODUCTION This matter comes before the court on the defendant’s motion for partial summary judgment. This is an action brought by Judicial Watch of Florida (“JWF”), a non-profit corporation incorporated in the District of Columbia, under the Freedom of Informatio...
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MEMORANDUM I. Introduction Pending is a second motion for summary judgment in this action arising from Defendants’ alleged violations of the Family and Medical Leave Act (“FMLA”), 29 U.S.C. §§ 2601-54. On May 24, 2000, we granted Defendants’ motion for summary judgment on Plaintiffs claim that her employer, Vanguard Cellular Systems, retaliated against her for asserting her FMLA rights. T...
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96 F. Supp. 2d 491 (2000) Michael J. SAMUEL, et al. v. FORD MOTOR COMPANY, et al. No. CIV. A. WMN-96-2155. United States District Court, D. Maryland. April 28, 2000. *492 Steven Pavsner, Joseph, Greenwald and Laake, Greenbelt, MD, Michael Barrett, Wilentz, Goldman and Spitzer, Woodbridge, NJ, for plaintiffs. William Conroy, Cabaniss, Conro and McDonald, Orlando, FL, Paul Strain, Venable, Baetjer ...
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MEMORANDUM AND ORDER This order is issued to resolve a motion for discovery relating to selective prosecution which is pending in the above-captioned cases. These cases were consolidated for the purpose of presenting arguments and evidence on the motion. Some of the evidence before the court is a transcript of testimony presented before Judge Saffels in the case of United States v. Thomas C....
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101 F. Supp. 2d 1354 (2000) Pauline I. PERRY, Plaintiff, v. UNITED STATES of America, Defendant. No. 00-4021-RDR. United States District Court, D. Kansas. June 23, 2000. *1355 Eugene B. Ralston, Ralston & Pope, L.L.P., Topeka, KS, for Pauline I. Perry, plaintiffs. D. Brad Bailey, Mary K. Ramirez, Office of United States Attorney, Topeka, KS, for United States of America, defendants. MEMORAND...
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DECISION AND ORDER The government has moved this court for an order reinstating its 1994 motion to reduce James McWilliams’ sentence pursuant to Federal Rule of Criminal Procedure 35(b). The underlying action giving rise to the Rule 35 motion was the prosecution of Defendant James McWilliams for drug trafficking and money laundering offenses. Following his conviction, McWilliams was sentenced o...
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OPINION AND ORDER Claimant, Marta Nelson, brings this action pursuant to the Social Security Act (the Act), 42 U.S.C. § 405(g), to obtain judicial review of a final decision of the Commissioner. The Commissioner denied plaintiffs application for Disability Insurance Benefits (DIB). For the reasons set forth below, the Commissioner’s decision is reversed and remanded for benefits. B...
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101 F. Supp. 2d 463 (2000) Shawn S. CLANCY v. EMPLOYERS HEALTH INSURANCE COMPANY No. CIV.A. 99-0381. United States District Court, E.D. Louisiana. June 26, 2000. *464 George R. Covert, George R. Covert, Sean Duvall Fagan, Sean Fagan, Baton Rouge, LA, for Plaintiff. Kyle Liney Gideon, Davidson, Meaux, Sonnier, McElligott & Swift, Lafayette, LA, Brian P. Brooks, O'Melveny & Myers, Washingto...
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101 F. Supp. 2d 782 (2000) Richard L. GILBERT, Plaintiff, v. CONSTITUTION STATE SERVICE, COMPANY and/or The Travelers, Defendant. No. Civ. 4-99-CV-30046. United States District Court, S.D. Iowa, Central Division. May 26, 2000. Jerry Jackson, West Des Moines, IA, for plaintiff. Steven P. Wandro, Cecelia Ibson Wagner, Wandro & Associates PC, Des Moines, IA, for defendants. RULING ON DEFENDANT'...
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RULING ON KAN-BUILD’S MOTION FOR PARTIAL SUMMARY JUDGMENT This matter is before the Court on defendant Kan-Build’s motion for partial summary judgment (# 57), filed October 1, 1999. Plaintiff was the owner/developer of a construction project involving several buildings in Fairfield, Iowa, known collectively as “The Raj,” and contracted with defendant Kan-Build to construct, deliver, erect...
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MEMORANDUM AND ORDER This case is now before the court upon *1174 defendant’s motion to suppress. 1 Defendant is charged in two counts. Count 1 alleges that defendant distributed 2.44 grams of crack cocaine on April 6, 1999. Count 2 alleges that defendant distributed 11.7 grams of crack cocaine on June 10,1999. The instant motion to suppress is directed to evidence collected during a ...
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OPINION AND ORDER Plaintiff Grace Matos Ortiz (“Matos”) brings suit under Title VII of the Civil Rights Act of 1964, 42 U.S.C.A. § 2000e et seq. (West 1994) (“Title VII”) for quid pro quo and hostile environment sexual harassment and for retaliation. Matos also brings suit under 42 U.S.C. § 1983 for denial of the equal protection of the laws. Finally, Matos invokes this Court’s supplement...
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MEMORANDUM OPINION Plaintiff Myron Schuster is a collector of antique automobiles. He contends that defendant dealer, Dragone Classic Motor Cars (“Dragone Classic”), and its two principals, defendants Emanuel Dragone (“Dragone”) and George Dragone, defrauded him in two separate transactions — the first, an alleged loan of $2,125,-000, and the second, the purchase of a 1939 Bugatti Type 57. His ...
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MEMORANDUM AND ORDER Before me in this in rem proceeding under the recently enacted Anticybers-quatting Consumer Protection Act (ACPA) are plaintiff BroadBridge Media’s order to show cause for a preliminary injunction continuing the transfer of the domain name from Barry Henderson to plaintiff, earlier ordered on a TRO, and Henderson’s cross motion to dismiss for lack of jurisdiction...
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OPINION This is an action by Hailwood Realty Partners, L.P. (“Hailwood”) charging, in *281 ter alia, that defendants Gotham Partners, L.P. and Gotham Partners, Ill, L.P. (collectively “Gotham”), EFO Reality, Inc. (“EFO”), Private Management Group, Inc. (“PMG”) and others have violated Section 13(d) of the Securities and Exchange Act of 1934 1 (the “Ex...
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97 F. Supp. 2d 88 (2000) Thomas D. KAVENEY, Plaintiff, v. Harold MURPHY Defendant. No. 99-11138-NG. United States District Court, D. Massachusetts. February 18, 2000. Vida K. Berkowitz, McDonald & Associates, West Newton, MA, for Thomas D. Kaveney, Plaintiff. Nicholas Foundas, Eisenstadt & Foundas, Boston, MA, Arthur J. Goldberg, City Hall, Law Dept., Cambridge, MA, for Harold Murphy and ...
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96 F. Supp. 2d 1250 (2000) Lindsey K. SPRINGER, Plaintiff, v. Vicki BALOUGH, et al., Defendants. No. 99-CV-0977B(E). United States District Court, N.D. Oklahoma. March 21, 2000. *1251 *1252 Lindsey K Springer, Tulsa, OK, Pro se. Tracy Folsom Milner, Barbara C Stoner, Office of the Attorney General, Oklahoma City, OK, Alyce S Robertson, Alabama Attorney General, Montgomery, AL, Sarah J Felix, Alas...
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104 F.Supp.2d 946 (2000) TOKIO MARINE & FIRE INSURANCE GROUP, as subrogee of Tanita Corp. of America, Plaintiff, v. J.J. PHOENIX EXPRESS, LTD., et al., Defendants. No. 99 C 6439. United States District Court, N.D. Illinois, Eastern Division. July 6, 2000. *947 Daniel Dawson, Robert Christie, Nisen & Elliott, Chicago, IL, for Plaintiff. Frederick Sudekum, Ian Matyjewicz, Sudekum, Rosenberg...
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OPINION INTRODUCTION Plaintiffs seek reimbursement of attorney’s fees and costs incurred in connection with their efforts to ensure that J.S., a learning disabled student, was placed in a special education class at Lenape High School instead of a similar class at Cherokee High School, another school within the same School District. After filing an administrative action in sta...
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ORDER This matter commenced trial before this Court on Monday, June 5, 2000. Defendants argued in their pretrial memorandum of law and at oral argument that plaintiffs claim fails because he has not exhausted his administrative remedies as required by the Prisoner Litigation Reform Act (“PLRA”). This argument and motion is delinquent by more than two years, but is entertained herein because the...
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MEMORANDUM AND ORDER Presently pending is Defendants’ Motion for Appropriate Relief which, in essence, seeks reconsideration of this Court’s November 29, 1999 Memorandum Opinion and Order granting Plaintiffs’ Motion to Amend the Scheduling Order so as to allow the late designation of an expert witness. Also pending are Plaintiffs Opposition and Defendants’ Reply. (Paper Nos. 56, 58,and 59, resp...
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MEMORANDUM DECISION AND ORDER DISMISSING ACTION This is an action to foreclose a mechanic’s lien filed by Plaintiff York Hunter Construction, Inc., and for damages due to Plaintiff. The action was commenced in New York State Supreme Court, West-chester County, on or about October 19, 1999, by service of a summons with notice. The notice is quite detailed and clearly indicated that this wa...
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MEMORANDUM DECISION AND ORDER GRANTING DEFENDANTS’ MOTIONS FOR SUMMARY JUDGMENT AND DISMISSING THE CASE Plaintiff Anngela Cooper brings sex discrimination and sexual harassment claims under Title VII, 42 U.S.C. § 2000e, et seq., against .her former employer, ■ Defendant American Home Products Corporation (“AHP”)(sued here as Wyeth Ayerst Laboratories) 1 and her forme...
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104 F.Supp.2d 370 (2000) EMI GROUP NORTH AMERICA, INC., Plaintiff, v. CYPRESS SEMICONDUCTOR CORPORATION, Defendant. No. CIV. A. 98-350-RRM. United States District Court, D. Delaware. July 7, 2000. *371 *372 Donald F. Parsons, Jr., Colm F. Connolly, Mona A. Lee, Morris, Nichols, Arsht & Tunnell, Wilmington, DE, James P. Bradley, Dale B. Nixon, Kathi A. Cover, William D. McSpadden, Matthew D. J...
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104 F.Supp.2d 1052 (2000) WAUPACA FOUNDRY, INC., as Plan Administrator for The Medical and Disability Plan for Employees of Waupaca Foundry, Inc., Plaintiff, v. Timothy GEHLHAUSEN, Denise Gehlhausen, and Ashlyn Gehlhausen, a Minor, through her Parents, Timothy Gehlhausen and Denise Gehlhausen, Defendants. No. EV99-0019-C-Y/H. United States District Court, S.D. Indiana, Evansville Division. June 3...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This wrongful death action arises from an act of state-sponsored terrorism. Defendants have not entered an appearance in this matter. This Court entered Defendants’ default on November 11, 1999, pursuant to 28 U.S.C. § 1608(e) and Fed. R.Civ.P. 55(a). Notwithstanding indicia of Defendants’ willful default, however, this Court is compelled to make furthe...
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ORDER Background On December 3, 1998, Plaintiff Gary Oquendo (“Plaintiff’) commenced this action pro se pursuant to Social Security Act § 205(g), 42 U.S.C. § 405(g), seeking review of a denial of Social Security benefits by the U.S. Commissioner of Social Security, Kenneth S. Apfel (the “Commissioner”). 1 On October 22, 1999, the Commissioner moved to dismiss the C...
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MEMORANDUM & ORDER Defendants are charged in a forty-four (44) count Indictment with racketeering, conspiracy, mail fraud, and numerous other offenses. Defendants now move for various forms of relief. I. THE INDICTMENT On April 13, 1999, the Government filed a forty-four (44) count Indictment charging Defendants with racketeering, conspiracy, mail fraud, and numerous other o...
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98 F. Supp. 2d 106 (2000) SMITH & NEPHEW, INC. v. ETHICON, INC., Johnson & Johnson, James E. Nicholson, Roland F. Gatturna, and James O'Leary No. Civ.A.99-12320-RGS. United States District Court, D. Massachusetts. May 16, 2000. *107 Mark J. Hebert, John M. Skenyon, Jeffrey L. Snow, Fish & Richardson, Boston, MA, for Smith & Nephew, Inc. David R. Schmahmann, Carl M. DeFranco, Jr., ...
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98 F. Supp. 2d 69 (2000) KLINE AND COMPANY and Nancy Barcelo, On Their Behalf and On Behalf of All Others Similarly Situated, Plaintiffs, v. MCI COMMUNICATIONS CORPORATION, Defendant. No. CIV. A. 98-11854-JLT. United States District Court, D. Massachusetts. March 2, 2000. *70 Thomas G. Shapiro, Edward F. Haber, Shapiro, Grace & Haber, Boston, MA, for Plaintiffs. Mark A. Berthiaume, Jonathan D...
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ENTRY GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION TO DISMISS AND TO STAY JUDICIAL PROCEEDINGS PENDING ARBITRATION On January 28, 2000, Plaintiffs, Paulette Flynn, Amy Edmunson, Shelley Turpin, and Steven Floyd, filed a complaint in this Court against Defendants, AerChem, Inc. and its owners, Kevin Jeffers, Michael Jef-fers, and Maxine Jeffers (collectively “Aer-Chem”), allegin...
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MEMORANDUM AND ORDER Plaintiff Abernathy-Thomas Engineering Co. (“Abernathy”) brought this action against defendant Pall Corporation and several of its subsidiaries (collectively, “Pall”) alleging fraud, misuse of proprietary information, unfair competition, tor-tious interference with contract, breach of fiduciary duty, and a debt owed on a commission contract, all in connection with...
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*893 OPINION The old judge had a picture, prominently displayed, of an English barrister ■flourishing an oyster on a fork as two countrymen, holding the shells, looked on agape. Underneath was the couplet: A pearly shell for you and me; The oyster is the lawyer’s fee. HaRvey O’ConnoR, Mellon’s Millions, The Biography of a Fortune 8 (New York: The John D...
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MEMORANDUM OPINION On May 18, 2000, within minutes after this court, pursuant to the express mandate of the Eleventh Circuit, re-sentenced defendant, Roy Mack West (“West” or “defendant”), a pre-prepared motion for a new trial, invoking Rule 33, F.R.Cr.P., was filed. The court now considers West’s said motion. On August 23-, 1995, when the jury found West guilty under both Counts One and Tw...
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109 F. Supp. 2d 503 (2000) ODLAN HOLDINGS, LLC v. The CITY OF NEW ORLEANS No. CIV.A. 00-352. United States District Court, E.D. Louisiana. July 3, 2000. Michael L. Eckstein, David Coleman Raphael, Jr., Michael L. Eckstein, New Orleans, LA, Charlton Beattie Ogden, III, *504 Michael Warren Hill, Taggart, Morton, Ogden, Staub, Rougelot, Brocato & O'Brien, New Orleans, LA, for plaintiff. Edward R...
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104 F. Supp. 2d 1091 (2000) Nelson FONCANNON and Aireen Foncannon, et al. Plaintiffs v. PHICO INSURANCE COMPANY, et al. Defendants No. CIV. 99-3075. United States District Court, W.D. Arkansas, Harrison Division. June 21, 2000. Frank H. Bailey, Bailey Law Firm, Mountain Home, AR, Paul Kavanaugh, Kenner, James & Kavanaugh, Kansas City, MO, for Plaintiff. Rick T. Beard for Phico Ins. & Jame...
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MEMORANDUM OPINION ON REMAND This patent/copyright and common law fraud action is before me on remand from the Federal Circuit Court of Appeals, and specifically on Plaintiffs’ Motion for Entry of Judgment as a Matter of Law. The remand is the result of various appeals and cross appeals of my rulings in two 1995 decisions on motions for summary judgment, 1 and my Findings of Fa...
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106 F. Supp. 2d 146 (2000) HILLER CRANBERRY PRODUCTS, INC., Plaintiff, v. Edward M. KOPLOVSKY, Koplovsky Foods, Inc. and Clermont, Inc., Defendants. Clermont, Inc., Reach and Apply Defendant. First Trade Union Savings Bank and Jefferies & Co., Trustees. No. Civ.A. 98-10431-EFH. United States District Court, D. Massachusetts. June 29, 2000. *147 Evan Slavitt, Andrew A. Honegger, Gadsby & H...
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MEMORANDUM OPINION AND ORDER The defendant, David Blackburn, has pleaded guilty to one count of failure to pay child support, a felony violation of 18 U.S.C. § 228(a)(3). Under the Sentencing Guidelines, the defendant has been assigned a total offense level of 7 and been placed in criminal history category V. During the defendant’s sentencing hearing, the Court departed downward to criminal his...
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MEMORANDUM and ORDER Plaintiff Nikolai Tevdorachvili alleges that in August, 1998, wire transfers amounting to $157,000 were made from his checking account with the defendant Chase Manhattan Bank to an account with a Latvian bank called Ogres Komercbanka. Plaintiff alleges that the payment orders purportedly authorizing these transfers were issued without his knowledge, and that the s...
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100 F. Supp. 2d 1323 (2000) Virginia D. BEECH, Plaintiff, v. Kenneth S. APFEL, Commissioner of Social Security, Defendant. No. Civ.A. 99-0568-BH-L. United States District Court, S.D. Alabama, Southern Division. June 20, 2000. *1324 *1325 C. Robert Montgomery, Chatom, AL, for Plaintiff. Patricia Nicole Beyer, U.S. Atty's Office, Mobile, Al, for Defendants. ORDER HAND, Senior District Judge. After...
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106 F.Supp.2d 1098 (2000) Ralph T. LEONARD, Russell K. Myers, Paul E. Enzman, John R. Klaas, Michael E. Hogan, Ivan Roth, John R. Towner, Ronald Coffin, Alvin G. Larch, Paul R. Bishop, Ervin Rhoades, Henry Allen Prichard, Ralph Nelson, Darrell O. Porter, Larry Jacks, Leann Sandoval, Jennifer Clair, Merle W. Kiesel, Ryan Tarone, Cynthia Garcia, Yvonne Carsten, Rene Easter, Darlene Nicholas, Larry ...
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ORDER DENYING MOTION TO AMEND This matter is before me on the Motion to Amend Defendants’ Answer to Plaintiffs Amended Complaint and Memorandum Brief In Support (the “Motion to Amend”), filed June 15, 2000. The plaintiff, Colorado Visionary Academy (“CVA”), opposes the Motion to Amend. Because the defendants have failed to establish good cause in support of their request to alter the Scheduling Or...
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MEMORANDUM OPINION AND ORDER Pending before the court are the Plaintiffs’ Motion for Summary Judgment and Governor Underwood’s Second Motion for Summary Judgment and Dismissal. These motions require the court to assess the constitutionality of provisions of the Women’s Access To Health Care Act (“Act”) that ban an abortion procedure that the Act characterizes as “partial-birth *681...
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*351ORDER ON PLAINTIFFS’ MOTION FOR CLASS CERTIFICATION AND DEFENDANTS’ MOTIONS FOR SUMMARY JUDGMENT Former and current employees of DeCoster Egg Farms (“DeCoster”) bring this action on behalf of themselves and all other De-Coster employees of Mexican descent. The workers claim that DeCoster injured them in numerous ways: by violating their civil rights under 42 U.S.C. § 1981 (racial discriminati...
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ORDER ON INDIVIDUAL DEFENDANTS’ MOTION TO DISMISS Can a temporary federal employee who is the victim of retaliatory threats and harassment recover damages from the other federal employees who were involved? I hold that such claims are preempted by the Civil Service Reform Act and the Whistleblower Protection Act. Melissa Ferris was a seven month temporary nursing assistant at the Tog...
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104 F.Supp.2d 949 (2000) Frank P. RANDAZZO, as Trustee for Frank P. Randazzo Declaration of Trust Dated July 18, 1997 Plaintiff, v. HARRIS BANK PALATINE, N.A. Defendant. No. 99 C 6161. United States District Court, N.D. Illinois, Eastern Division. July 7, 2000. *950 Peter Vincent Baugher, Benson K. Friedman, Schopf & Weiss, Chicago, IL, for plaintiff. James M. Breen, Jamie Goldman Zelvin, Cha...
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MEMORANDUM OPINION Presently before the Court is Defendant United States Office of Personnel Management (“OPM’s”) Motion to Dismiss (D.I. 14) and Defendants QualMed, Inc. and QualMed Plans for Health’s Motion to Dismiss (D.I. 11) in this putative class action. For the reasons set forth below, the Court will grant the applications. I. Background Plaintiff David A. Scholl is t...
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MEMORANDUM OPINION AND ORDER The defendant Burdette Realty Improvement, Inc. (“Burdette”) has filed a motion to dismiss pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure contending that this court lacks diversity jurisdiction. Burdette contends that Columbia Gas Transmission Corporation’s (“Columbia”) principal place of business is in West Virginia making it a citizen of W...
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MEMORANDUM AND ORDER The complaint in this case was filed in the Court of Common Pleas of York County and was removed into this court on November 18, 1999 by the- defendant. This court' has jurisdiction' on the basis of diversity of citizenship. The defendant is a Delaware corporation with its principal *600 place of business in Indiana. The plaintiffs are residents of Pe...
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MEMORANDUM Plaintiff Sandra Landmesser (“Landmesser”) brought this action alleging that she was wrongfully discharged by defendant United Air Lines, Inc. (“United”), in violation of Pennsylvania’s public policy exception to the doctrine of at-will employment. She also asserts claims for breach of contract, breach of a covenant of good faith and fair dealing, and for intentional infliction...
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109 F. Supp. 2d 324 (2000) Rena GOTTLIEB, et al. v. TROPICANA HOTEL AND CASINO v. Redland Insurance Co., et al. No. CIV.A.99-6613. United States District Court, E.D. Pennsylvania. July 5, 2000. *325 *326 Alan M. Feldman, Feldman, Shepherd, Wohlgelernter, Thomas W. Sheridan, Thomas W. Sheridan, Philadelphia, PA, for Plaintiffs. Roberto A. Rivera-Soto, Fox, Rothschild, O'Brien & Frankel, Heathe...
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ORDER Before the Court is James Kimbrell’s Motion to Withdraw the Reference (Dkt.l), Hvide Marine Towing, Inc.’s Response in Opposition (Dkt.4), James Kimbrell’s Reply (Dkt.6), and various declarations and exhibits. After careful consideration of the file, the Court is of the opinion that the reference should not be withdrawn. I. Background The Bankruptcy Court for the Distr...
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92 F.Supp.2d 1060 (2000) EARTH ISLAND INSTITUTE, INC., Donald May, and David Jeffries, Plaintiffs, v. SOUTHERN CALIFORNIA EDISON CO., Defendant. No. 90 CV 1535-B JFS. United States District Court, S.D. California. February 7, 2000. Anne Lee Eng, San Francisco, CA, for Plaintiffs. Douglas P. Ditonto, Rosemead, CA, for Defendant. *1061 ORDER GRANTING PLAINTIFFS' MOTION FOR SUPPLEMENTAL AWARD OF A...
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98 F.Supp.2d 680 (2000) UNITED STATES v. Zeki A. SABBAGH and Jack Sabbagh, Petitioners. Civil Action Nos. 97-CCB-926, 97-CCB-927. United States District Court, D. Maryland. May 8, 2000. *681 *682 Fred Warren Bennett, Greenbelt, MD, for Petitioners. Lynne A. Battaglia, United States Attorney, Stephen S. Zimmerman, Assistant U.S. Attorney, Greenbelt, MD, for Respondent USA. MEMORANDUM BLAKE, Distr...
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OPINION AND ORDER In this employment discrimination action, plaintiffs Lydia Griffin, Shirretta Griffin, and Linda Trent (“Trent”) (collectively, “plaintiffs”) allege that they were subjected to a racially hostile work environment and racial and retaliatory dismissal from their jobs at the Aveda West Broadway Salon (“the Salon”) in violation of the Title VII of the Civil Rights Act of 196...
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ORDER GRANTING QUALCOMM’S OBJECTIONS TO THE MAGISTRATE COURT’S ORDER DENYING A SHORT STAY OF NARROW DISCOVERY AND GRANTING STAY OF DISCOVERY OF QUANTIFICATION OF CERTAIN DAMAGES I. Introduction On December 3, 1999, Defendant Qualcomm (“Defendant”) brought before the Magistrate Court a motion for a partial stay of discovery of the quantification of damages pending this Court’s ruling on Defendant’...
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MEMORANDUM OPINION I. INTRODUCTION In these consolidated appeals, Appellants Nordhoff Investments, Inc. (“Nor-dhoff’) and the Official Committee of Equity Holders (“the Equity Committee,” together with Nordhoff, “Appellants”) appeal from two orders of the United States Bankruptcy Court for the District of Delaware confirming the Prepackaged *209 Plan of Reorganizatio...
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ORDER THIS CAUSE came before the Court upon Plaintiffs motion to remand this action on the ground that Defendant’s notice of removal was untimely filed. (Doc. 7.) Plaintiffs motion is granted. I. BACKGROUND Plaintiff Harris Corporation commenced this breach of contract action in Florida state court on August 6, 1999. Shortly thereafter, on October 27, 1999, the parties e...
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ORDER DENYING PLAINTIFF’S EX PARTE APPLICATION TO COMPEL PRODUCTION OF SURVEILLANCE MATERIALS On April 24, 2000, this Court heard oral arguments on Plaintiffs Ex Parte Application to Compel Production of Defendant Union Pacific Railroad Company’s Surveillance Materials. Thomas Peters of Fogel, Feld-man, Ostrov, Ringler & Elevens, appeared on behalf of Plaintiff Mark Fletcher. Nancy Carman appeare...
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ORDER GRANTING DEFENDANT’S MOTIONS FOR SANCTIONS, COSTS, & ATTORNEY FEES I. Background This case presented the court with a groundless prosecution based on demonstrably false claims made by a powerful government agency. Wholly illusory racial discrimination charges were filed by the federal Employment Opportunity Commission (“EEOC”) against a small business in central Michigan in...
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104 F.Supp.2d 427 (2000) CHECKPOINT SYSTEMS, INC., Plaintiff, v. CHECK POINT SOFTWARE TECHNOLOGIES, INC., Defendant. No. CIV.A.96-3153(JBS). United States District Court, D. New Jersey. July 12, 2000. *428 *429 Susan S. Singer, Singer & Groger, Newark, NJ, Roberta Jacobs-Meadway, Jordan A. LaVine, Akin, Gump, Strauss, Hauer & Feld, LLP, Philadelphia, PA, for Plaintiff. Robert J. Del Tufo,...
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ORDER Before the Court is Defendant Daimler-Chrysler, AG.’s Motion to Dismiss Complaint for Lack of Personal Jurisdiction (Dkt.22), Plaintiffs’ Memorandum in Opposition (Dkt.27), and several affidavits, exhibits, and authorities. 1 After careful con *1350 sideration of the file, the Court is of the opinion that the motion should be denied. Pertinent Facts ...
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ORDER ON DEFENDANT’S MOTION FOR SUMMARY JUDGMENT This is a case under the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12101 et seq. It raises issues concerning the scope of a reasonable accommodation and burden of proof. I conclude on the summary judgment record that the employee has not shown that it is a reasonable accommodation to permit her to walk away from superv...
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ORDER DENYING MOTION REQUESTING ORDER COMPELLING ARBITRATION Presently pending before the Court is a request by defendants, collectively identified as the “Alcatel Defendants”, 1 for an order compelling arbitration of the claims asserted in the complaint. The Court having considered the arguments presented by the parties hereby finds that the controversy at hand is not...
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ORDER ON MOTION TO COMPEL PRODUCTION This matter is before the Court on Defendants’ Motion for Leave to Compel Production of Retention Letters and Other Communication Between Plaintiffs’ Counsel and Their Experts, (Clerk’s No. 174), filed February 29, 2000. Plaintiffs resisted the Motion, and the court held a hearing on April 6, 2000. This matter is fully submitted. BACKGROUND Plaintiffs are suin...
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MEMORANDUM OPINION Petitioner White, a Virginia inmate proceeding pro se, brings this action as a petition for habeas corpus, pursuant to 28 U.S.C. § 2254. In his petition, White challenges the sentence imposed on him by the Virginia Parole Board upon the revocation of his mandatory parole in February 1998. The respondent filed a motion to dismiss to which petitioner respon...
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OPINION Presently before the Court are defendants’ motions for summary judgment. Plaintiff Gina Morales-Evans (“Evans”) alleges that she was sexually harassed by her supervisor, defendant William Coleman, during her tenure at the Administrative Office of the Courts (“AOC”), in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. (“Title VII”), the New Jersey Law Again...
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*773 ORDER GRANTING DEFENDANT’S MOTION TO DISMISS THE INSTANT ACTION FOR LACK OF SUBJECT MATTER JURISDICTION AND ALLOWING PLAINTIFF TO FILE A NEW FEDERAL ACTION PURSUANT TO 28 U.S.C. § 1738A Presently before the Court is defendant State of Florida Circuit Judge Terry P. Lewis’s renewed motion to dismiss or, in the alternative, for summary judgment. Said motion was filed May 2...
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MEMORANDUM AND ORDER Value Recovery Group (“VRG”), the current owner of the judgment previously rendered in this case, seeks to satisfy a portion of that unsatisfied judgment by proceeding against one of the judgment debtors, Dean H. Maddox (“Maddox”). VRG renews its applications for writs of garnishment against three business entities: T and N, Inc., Creme de la Creme Joint Venture, and ...
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106 F. Supp. 2d 269 (2000) UNITED STATES of America, Plaintiff, v. Manuel GONZALEZ-GONZALEZ, Defendant. No. Crim. 93-0318(PG). United States District Court, D. Puerto Rico. July 5, 2000. *270 Rafael F. Castro-Lang, San Juan, PR, for Defendant. Manuel Gonzalez-Gonzalez, White Deer, PA, pro se. Guillermo A. Gil-Bonar, Jose A. Quiles, U.S. Atty's Office District of P.R., Criminal Division, Hato Rey,...
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ORDER Presently before the court is plaintiff Burnadene Slay’s notice of voluntary dismissal (Doc. 8). Through this notice, Slay states that she has dismissed this action with prejudice pursuant to Rule 41(a)(l)(i) of the Federal Rules of Civil Procedure, with costs taxed to her. Rule 41(a)(1)® permits a plaintiff to dismiss an action without a court order by “filing a notice of dismissal a...
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*1285 Memorandum Opinion The present consolidated actions involve claims of securities fraud in the purchase and sale of common stock of Just for Feet, Inc., (“Just for Feet” or “Feet”) proscribed by section 10(b) of the Securities Exchange Act (the “Exchange Act”), 15 U.S.C. § 78j(b) and Rule 10b-5 promulgated thereunder by the Securities and Exchange Commission (“SEC”), 17 C.F....
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MEMORANDUM AND ORDER The case comes before the court following additional briefs and a supplemental hearing on the defendant’s pretrial motion to suppress all evidence seized in the search of her vehicle on November 3, 1998. (Dk.ll). On April 18, 2000, the court filed its order denying the defendant’s motion to suppress the evidence seized from her residence. In that same order, the court took ...
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MEMORANDUM AND ORDER ■ The case comes before the court on the defendants’ motion to certify a choice-of-law question to the Kansas Supreme Court. (Dk.962). The defendants specifically request the following question to be certified: “Under Kansas law, what state’s law applies to non-federal fraud claims arising from the single-transaction purchase of a large block of minority stock in a Ka...
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MEMORANDUM AND ORDER Defendant, Ms. Beatrix McKinney, appeals the magistrate court’s final judgment of her conviction of simple assault pursuant to 18 U.S.C. § 113(a)(5). (Dk. 1). McKinney was sentenced to one year probation on the standard conditions and a special condition that she enroll in and successfully complete a mental health program specifically related to anger management. ...
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OPINION AND ORDER Before the Court is a motion to dismiss by Defendant Sears Roebuck Corporation. 1 Plaintiff is Cristina López Baez (“López”). In her complaint she alleges that she was the victim of sexual harassment, sexual discrimination, and unlawful retaliation, in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2(a)(l). She also brings claims pur...
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ORDER ON MOTION TO DISMISS This matter is before the Court on a Motion to Dismiss filed by defendants Alabama Department of Transportation *1298 (“ADOT”) and Dykes T. Rushing (“Rushing”). (Doc. 8) The movants have filed a memorandum brief in support of their motion, (Doc. 9), and the plaintiff has filed a principal brief and supplemental brief in opposition. (Docs.13, 15) For...
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101 F. Supp. 2d 1343 (2000) Arlen J. BRIN, Plaintiff, v. State of KANSAS, Fort Hays State University, Johnny M. Williams, Francis Pechanec, Dr. Carl Parker, Terron Jones, and Larry Perkins, Defendants. No. 97-4243-SAC. United States District Court, D. Kansas. June 9, 2000. *1344 *1345 Caleb Boone, Hays, KS, pro se. Arlen J. Brin, Zurich, KS, pro se. William Scott Hesse, Office of Atty. General, T...
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104 F. Supp. 2d 1311 (2000) Wilbur LEWIS, Plaintiff, v. Dan GLICKMAN, Secretary of the United States Dept. of Agriculture, et al., Defendant. No. 98-4151-SAC. United States District Court, D. Kansas. June 12, 2000. *1312 *1313 *1314 Mary K. Ramirez, Office of United States Attorney, Topeka, KS, for defendant. MEMORANDUM AND ORDER CROW, District Judge. This case comes before the court on the foll...
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*318 OPINION AND ORDER This case addresses the rationality of a policy of the New York State Department of Correctional Services (“DOCS”) which places inmates who refuse to submit to a Mantoux skin test — which is designed to detect whether the inmate is infected with the bacterium that causes tuberculosis (“TB”) — into a restrictive confinement known as Tuberculin Hold (“TB ...
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MEMORANDUM DECISION AND ORDER Plaintiffs Robert M. Bogan and Scott M. Bogan bring this action against defendants Northwestern Mutual Life Insurance Company (“Northwestern”) and Austin E. Hodgkins, Jr. (“Hodgkins”) alleging, inter alia, wrongful termination, breach of contract, tortious interference with contract and unjust enrichment. The defendants move to dismiss the complain...
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OPINION AND ORDER This is an action for copyright infringement of a fabric design. Plaintiff Queenie, Ltd. claims that defendant Hot Stuff, Inc., a competing garment manufacturer, and various stores infringed its copyright of its quite successful tile print design “TF 7459” (incorporated into its blouses) for which the Register of Copyrights had issued it Copyright No. VA 718-788. Hot...
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OPINION AND ORDER Plaintiffs James Pascuiti, Joseph Reilly, Walter Rynasko, and Theresa Murphy (the “private plaintiffs”) and plaintiff-intervenor United States of America (the “Government”) sued New York City and the New York City Department of Parks and Recreation (the “City”), as well as the New York Yankees (the “Yankees”), alleging that the City and the Yankees violated the Aneri...
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OPINION Credit Lyonnais, S.A. (“CL”) and Credit Lyonnais Rouse (“CLR”) (collectively referred to as the “Credit Lyonnais Defendants”) each move, pursuant to Rules 12(b)(6) and 9(b) of the Federal Rules of Civil Procedure, to dismiss the Sixth Amended Consolidated Class Action Complaint (the “Complaint”) against them for failure to state a claim upon which relief can be granted and for...
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DECISION AFTER TRIAL In this action, Plaintiff Gismondi, Paglia, Sherling, M.D., P.C., (hereinafter “GPS”), a professional medical corporation, sues its former employee, Dr. Michael J. Franco, to enforce the terms of a restrictive covenant contained in Franco’s employment contract. The matter was brought on by order to show cause on May 11, 2000. Rather than bother with a preliminary inju...
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MEMORANDUM DECISION AND ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT Plaintiff brought claims under 42 U.S.C. §§ 1981 and 1983, Title VII, 42 U.S.C. § 2000e et seq., The Age Discrimination in Employment Act, 29 U.S.C. § 623(a)(1), (the “ADEA”) and § 296 of the Executive Law of the State of New York against his former employer, Witco Corporation. On January 10, 2000, t...
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MEMORANDUM ORDER DENYING PLAINTIFFS’ MOTION TO AMEND THE COMPLAINT In this action on remand from the Second Circuit, Plaintiffs have moved, to amend the complaint to include claims under the Employee Retirement Income Security Act of 1974, as amended (“ERISA”), 29 U.S.C. §§ 1001 et seq., seeking certain employee benefits from Defendant CPC (hereinafter “Bestfoods”) 1 ...
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*291 MEMORANDUM OPINION DENYING IN PART DEFENDANT’S MOTION FOR RECONSIDERATION; RETURNING DOCUMENT NUMBER 524 TO THE MAGISTRATE JUDGE FOR HIS REVIEW I. INTRODUCTION This matter comes before the court upon the parties’ separate motions to reconsider discovery decisions rendered by the Honorable Alan Kay, United States Magistrate Judge. The magistrate judge’s decision arose in connection with a d...
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MEMORANDUM & ORDER Juliet Scott and Keith Basil James (“plaintiffs”) bring this action for damages and declaratory judgment to determine insurance coverage under a policy issued by USAA Casualty Insurance Company (“USAA” or “defendant”), following entry of a default judgment against a policyholder. Presently before the Court are the parties’ motions and cross-motion for summary judgme...
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98 F. Supp. 2d 251 (2000) HARTFORD ACCIDENT & INDEMNITY COMPANY, Plaintiff, v. COLUMBIA CASUALTY COMPANY, Defendant. No. 3:97CV01413. United States District Court, D. Connecticut. March 31, 2000. *252 Stuart D. Rosen, Bingham Dana, Hartford, CT, David M. Raim, William K. Perry, Carey G. Child, Chadbourne & Parke, Washington, DC, for Hartford Accident & Indemnity Co., plaintiffs. David...
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106 F.Supp.2d 205 (2000) UNDERWRITERS AT LLOYD'S and the Cox Syndicate at Lloyds, Plaintiffs, v. Carlos LABARCA, Defendant. No. Civ. 99-1852(JP). United States District Court, D. Puerto Rico. June 15, 2000. *206 José F. Sárraga Venegas, San Juan, PR, for plaintiff. Carlos J. Quilinchini, Hato Rey, PR, for defendants. OPINION AND ORDER PIERAS, Senior District Judge. I. INTRODUCTION The Court has...
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OPINION This is an action brought by plaintiff, Robert Hoffer (“Hoffer”), against defendants InfoSpace.com, Inc. (“InfoSpace”) and Naveen Jain (“Jain”) (collectively, the “Defendants”). On 15 December 1999, Hoffer filed a complaint (the “Complaint”) that alleges, inter alia, a claim for damages for breach of contract, misrepresentation, fraud, breach of the covenant of good fai...
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178 F.Supp.2d 1255 (2000) SHERLEIGH ASSOCIATES, LLC and Sherleigh Associates, Inc. Profit Sharing Plan, on behalf of themselves and all others similarly situated, Plaintiffs, v. WINDMERE-DURABLE HOLDINGS, INC.; David M. Friedson, Harry D. Schulman; and Nationsbanc Montgomery Securities, LLC, Defendants. No. 98-2273-CIV. United States District Court, S.D. Florida. June 8, 2000. *1256 *1257 *1258 *...
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106 F.Supp.2d 128 (2000) 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 28, 2000. *129 *130 *131 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 Representat...
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98 F.Supp.2d 44 (2000) UNITED STATES of America, v. Joseph DRUMMOND and Angel McPherson, Defendants. No. Crim.A. 00-14(RWR). United States District Court, District of Columbia. May 24, 2000. *45 *46 James Flood, United States Attorney's Office, Washington, D.C., for plaintiff. Reita Pauline Pendry, Federal Public Defender, Washington, D.C., Joseph Roll Conte, Bond, Conte & Norman, Washington,...
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OPINION This is a consolidated class action 1 for securities fraud brought by designated lead class plaintiffs, Robert M. Gintel, et al, (the “Gintel Group”) 2 on behalf of all persons who purchased, or otherwise acquired Milestone Scientific, Inc. (“Milestone”) common stock (collectively, the “Plaintiffs”) during the period running from 31 March 1997 to 4...
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MEMORANDUM and ORDER This action is before the Court on the defendants’ motion for summary judgment, arising out of earlier proceedings on the plaintiffs application for declaratory and injunctive relief, decided against it for reasons set forth in a memorandum and order dated May 10, 2000, familiarity with which is assumed. See Coney Island Resorts, Inc. v. Giuliani, No. 0...
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MEMORANDUM OPINION DISMISSING COMPLAINT AND GRANTING LEAVE TO RE-PLEAD OPINION This case involves allegations of securities fraud. For the reasons outlined below *327 the complaint against Thomas T. McCormick and McQuaid, Metzler, McCormick & Van Zandt LLP is dismissed with leave to re-plead. BACKGROUND On January 20, 1997 plaintiff Apex Arc, Inc. (“Apex”) ...
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MEMORANDUM AND ORDER Petitioner Richard Masone (“Masone”) moves for an order pursuant to 28 U.S.C. § 2255, seeking a reduction of a term of supervised release imposed by this court August 27, 1998. For the reasons set forth below, the petition is denied. BACKGROUND I. Procedural Background In October of 1996 Masone pled guilty to a one count information charging him with bank fraud ...
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OPINION Defendants Corporate Property Investors (“CPI”), Pembrook Management Company (“Pembrook”), Joseph Galea (“Galea”), and Paris Maintenance Company (“Paris”) (collectively, “Defendants”) have moved, pursuant to Rule 56, Fed. R.Civ.P., for summary judgment to dismiss the complaint of Emilio Pace (“Pace”). For the reasons set forth below, the motion will be granted. The Part...
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MEMORANDUM DECISION In this case, defendant You Hong Chen is charged with smuggling aliens for private financial gain and conspiracy to transport illegal aliens. Chen moves to suppress his post-arrest statements on the grounds that his waiver of his Miranda rights was not knowing and intelligent because his lawyer at the time — an attorney who was not experienced in federal criminal matters...
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106 F. Supp. 2d 1309 (2000) GRIDIRON.COM, INC., a Florida Corporation, Plaintiff, v. NATIONAL FOOTBALL LEAGUE, PLAYER'S ASSOCIATION, INC., a Virginia Corporation, and National Football League Players, Inc., a Virginia Corporation, Defendants. No. 99-6837-CIV. United States District Court, S.D. Florida. July 11, 2000. *1310 Alexander Theodore Sarafoglu, Morgan Lewis & Bockius, Miami, FL, Keith...
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ORDER This cause comes before the Court on Plaintiffs’ Motion for Class Certification (Dkt. 84), Plaintiffs’ memorandum in support (Dkt. 85), Plaintiffs’ Amendment to Motion for Class Certification (Dkt. 97), Defendant’s Response (Dkt. 111) in opposition to class certification, and Plaintiffs’ Reply memorandum (Dkt. 126). Plaintiffs Gibbs Properties Corporation (“Gibbs”), Casa Calderon, Inc. (“...
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107 F.Supp.2d 134 (2000) UNITED STATES of America, v. Manuel VELAZQUEZ-FELICIANO and Reynaldo Velazquez-Aviles, Defendants. No. Crim. 99-020(HL). United States District Court, D. Puerto Rico. July 5, 2000. *135 Rafael F. Castro-Lang, San Juan, PR, Linda George, Hackensack, NJ, for Manuel Velazquez-Feliciano, aka El Viejo, defendant. Mark Irish, U.S. Atty., for U.S. OPINION AND ORDER LAFFITTE, Ch...
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MEMORANDUM AND ORDER This matter comes before the Court on the Motion To Suppress (Doc. #41) by Juan Prieto-Zubia and the Motion To Suppress (Doc. # 43) by Jamie Lujan-Ra-mirez, both filed May 24, 2000. For the reasons stated below, the Court denies defendants’ motions. Facts On the morning of April 17, 2000, Ray Bailiff, an officer with the Kansas Highway Patrol and member of the Dru...
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104 F. Supp. 2d 1059 (2000) Frank MERCADO, Petitioner, v. UNITED STATES of America, Respondent. No. 00-C-001, No. 93-CR-116. United States District Court, E.D. Wisconsin. June 30, 2000. *1060 Dennis P. Coffey, Cook & Franke, Milwaukee, WI, Victoria B. Eiger, Nathan Z. Dershowitz, Dershowitz & Eiger, New York, NY, for Plaintiffs. Assistant United States Attorney Steven M. Biskupic, United ...
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103 F. Supp. 2d 480 (2000) EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiffs, v. UNION INDEPENDIENTE DE LA AUTORIDAD DE ACUEDUCTOS Y ALCANTARILLADOS DE PUERTO RICO, Defendant. and Autoridad de Acueductos y Alcantarillados de Puerto Rico, Rule 19, Defendant. No. Civ. 96-2650(PG). United States District Court, D. Puerto Rico. July 11, 2000. *481 Ann Thacher-Anderson, EEOC Trial Attorney, New York...
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DECISION AND ORDER This matter comes before the Court on the motion of Robert Cook (“Cook”) to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255 (“Section 2255”). For the following reasons, Cook’s motion is denied. I. BACKGROUND Cook is a prisoner in federal custody. On January 12, 1996, following a jury trial before this Court, Cook was convicted of bank l...
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Opinion Plaintiffs brought this action under 42 U.S.C. §§ 1983 and 1988 alleging violations of their rights secured by the First, Fourth, Ninth, Thirteenth, and Fourteenth Amendments to the United States Constitution, and various provisions of the New York State Constitution and the Family Court Act. Defendants moved pursuant to Rule 12(b)(1), Fed. R. Crv. P, for an order dismissing plain...
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MEMORANDUM OPINION AND ORDER The plaintiffs, nine bus drivers, sue their employer, Laidlaw Transit, Inc., for unpaid overtime pursuant to the Fair Labor Standards Act (FLSA), 29 U.S.C. § 207. Laid-law seeks summary judgment on the grounds that, under the Motor Carrier Act (MCA), 29 U.S.C. § 213(b)(1), it is exempt from the “time and a half’ provision of the FLSA because the Department...
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109 F.Supp.2d 736 (2000) UNITED STATES of America, Plaintiff, v. Lawrence M. KAIGLER and Patsy D. Kaigler, Defendants. No. 1:99CV1345. United States District Court, N.D. Ohio, Eastern Division. May 31, 2000. *737 Annette G. Butler, Office of the U.S. Attorney, Cleveland, OH, Joseph L. Meadows, Department of Justice — Tax Division, Washington, DC, for United States of America, plaintiff. Lawrence ...
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OPINION The question is whether the court should abstain from deciding this declaratory judgment action over insurance coverage because of the pendency of the underlying state court tort action. Finding that the state court proceeding will decide the matters at issue, I will dismiss this action without prejudice. I Jewell Stevens was injured on December 11, 1997, when her automo...
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103 F. Supp. 2d 826 (2000) STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Plaintiff, v. Richard WALKO and Sharon Walko, Defendants. No. 3:00 CV 0023. United States District Court, M.D. Pennsylvania. July 6, 2000. *827 Teresa Ficken Sachs, Britt, Hankins, Schaible & Moughan, Philadelphia, PA, for State Farm Mutual Automobile Insurance Company, plaintiff. Brian C. Corcoran, Kingston, PA, for R...
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MEMORANDUM OPINION AND ORDER DISMISSING CIVIL, ACTION Before this Court is Defendants’ Motion to Dismiss and for Summary Judgment filed on May 9, 2000. Pursuant to Local *766 Rule 7.1(e)(2), this Court has determined that oral argument will not significantly aid in the disposition of this motion. For reasons stated below, this Court will grant the relief sought by Defendants for reasons oth...
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MEMORANDUM AND ORDER This case involves a challenge to the constitutionality of the current version of Ohio Administrative Code 4301:1-1-52 (“Rule 52”) under the First Amendment to the United States Constitution and Article 1, § 11 of the Ohio Constitution. On December 28, 1999, this Court preliminarily enjoined the defendants from enforcing certain sections of Rule 52 against the plaintiffs. Th...
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MEMORANDUM Before the court for disposition is an appeal of Bankruptcy Judge John J. Thomas’ opinion that grants the summary judgment motion of Plaintiffs Lincoln Trust and Wendell William Mercer (hereinafter “plaintiffs”) concerning the dis-chargeability of certain debts of Clifford K. Parker (hereinafter “debtor”), pursuant to 11 U.S.C. § 523(a)(2), (4) and (6). The debtor filed his...
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104 F. Supp. 2d 43 (2000) Roger WOOD, Plaintiff, v. Alexis M. HERMAN, et al., Defendants. No. CIV. A. 98-2364 ESH. United States District Court, District of Columbia. June 23, 2000. *44 James R. Klimaski, Law Offices of Klimaski, P.C., Joanne Royce, Government Accountability Project, Washington, DC, for Plaintiff. Alexander D. Shoaibi, Assistant United States Attorney, Washington, DC, for Defenda...
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OPINION AND ORDER On December 28, 1999, Fantasy Sports Properties, Inc. (“FSPI”) filed a complaint in this matter, alleging that defendants infringed on FSPI’s patent. On March 13, 1999, defendant Yahoo! Inc. (“Yahoo!”) filed a Motion for Summary Judgment of Noninfringement. After a hearing on the Motion, the Court took the matter under advisement. For the reasons stated below, defend...
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106 F. Supp. 2d 1 (2000) Barbara KUNDRAT, Plaintiff, v. The DISTRICT OF COLUMBIA, Defendant. No. Civ.A. 99-2085 RMU. United States District Court, District of Columbia. May 24, 2000. *2 James McPherson, McPherson & Schillesci, New Orleans, Louisiana, Woodley B. Osborne, Osborne & Deutsch, Washington, D.C., for the plaintiff, Barbara M. Kundrat. Stratton C. Strand, Leon Swenson, Assistant ...
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OPINION REGARDING PLAINTIFF UNIVERSAL UNDERWRITERS INSURANCE GROUP’S MOTION FOR SUMMARY JUDGMENT Presently before this Court, pursuant to 28 U.S.C. § 1332 (diversity of citizenship), is Plaintiff Universal Underwriters Insurance Group’s Motion for Summary Judgment regarding its products liability and implied warranty claims against Defendant Public Service Electric & Gas Compan...
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MEMORANDUM OPINION AND ORDER On March 29, 2000 Glaverbel, S.A., Fose-bel, Inc. and Foseco, Inc. (collectively “Glav-erbel”) brought a motion to hold defense counsel — Anthony DiVincenzo, John Brezina and their law firms, Campbell & DiVincenzo and Brezina & Elrich (all collectively “North-lake’s Counsel”) — jointly and severally liable with their clients (collectively “Northlake”) for the $1,286...
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*859 MEMORANDUM OPINION AND ORDER Petitioner, a prisoner of the State of North Carolina, seeks a writ of habeas corpus pursuant to 28 U.S.C. § 2254. On September 25, 1998, petitioner pled guilty to twenty-three counts of discharging a firearm into an occupied dwelling in cases 98 CRS 577-78, 883-903. Several of these counts were consolidated and petitioner was then sentenced to eleven conse...
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OPINION This is an action brought by the plaintiff, Liggett Group, Inc. (“Liggett”), against defendant, R.J. Reynolds Tobacco Company (“RJR”). On 3 March 2000, Liggett filed a complaint (the “Complaint”) that alleges, inter alia, violations of the Federal antitrust laws in connection with the distribution and sale of discount cigarettes. See Complaint. Liggett specif...
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FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER Defendant Thomas Graham (“Graham”) moves to suppress business records, items, and documents seized pursuit to search warrant. Defendants Philip Peterson (“Peterson”), James Kelly (“Kelly”), and Logan Farr (“Farr”) joined the motion. Oral argument and an evidentiary hearing was held on June 27, 2000. Based on the motions, responses, counsels’ ...
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104 F. Supp. 2d 1332 (2000) William S. KLOCEK, Plaintiff, v. GATEWAY, INC., et al., Defendants. No. CIV. A. 99-2499-KHV. United States District Court, D. Kansas. June 15, 2000. *1333 *1334 William S. Klocek, Parkville, MO, pro se. R. Lawrence Ward, Richard M. Paul, III, Jamee Maurer Klein, Shughart, Thomson & Kilroy, P.C., Kansas City, MO, for Gateway, Inc. Samuel P. Logan, James K. Logan, Lo...
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104 F. Supp. 2d 418 (2000) RIVER ROAD ASSOCIATES, Plaintiff, v. CHESAPEAKE DISPLAY AND PACKAGING COMPANY, INC., Defendant. Civil Action No. 98-3594(SSB). United States District Court, D. New Jersey. June 13, 2000. *419 David L. Braverman, Janice L. Richter, Fellheimer Braveman & Kaskey, Philadelphia, PA, for Plaintiff. Glenn P. Callahan, Anthony J. DiMarino, III, McCarter & English, LLP, ...
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ORDER DENYING DEFENDANT’S MOTION TO DISMISS This matter having come before the Court on Defendant’s motion to dismiss for lack of personal jurisdiction [Document No. 3]; The Court having reviewed the pleadings submitted herein, and being otherwise fully informed in the matter; IT IS HEREBY ORDERED that Defendant’s motion to dismiss for lack of *809 personal juri...
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OPINION Harold Smith brings this action against Eaton Corporation (“Eaton”), Eaton Corporation Pension Plan A-l for Hourly Rate Employees of UAW Masters Division (“Plan”) and the Pension Administration Committee of Eaton- Corporation (“Plan Administrator”) (collectively “Defendants”) for claims arising under provisions of the Employment Retirements Income Security *440 Ac...
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ORDER DENYING SUMMARY JUDGMENT This cause is before the court on the motion for summary judgment filed by defendant Sheriff James Jones on February 10, 2000 (Doc. 19). The motion addresses the only claim remaining in this action, whether Sheriff Jones’s policy of requiring a strip search of all arrestees admitted to the Shelby County Jail violated the Fourth Amendment right of the pla...
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MEMORANDUM OPINION AND ORDER I. INTRODUCTION This case is before the court on a Motion for Summary Judgment filed by the Defendant, WestPoint Stevens, Inc. on April 17, 2000, and on a Motion for Extension of Time to file a Reply to the Plaintiffs Opposition filed on June 19, 2000. 1 The Plaintiff originally filed his Complaint in this case on September 29, 19...
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104 F.Supp.2d 1368 (2000) Elizabeth J. NEUMONT, et al., Plaintiffs, v. MONROE COUNTY FLORIDA, Defendant. No. 99-10054-CIV. United States District Court, S.D. Florida. June 21, 2000. *1369 James H. Hicks, Hicks, Brams & Scher, West Palm Beach, FL, Harold E. Wolfe, Jr., West Palm Beach, FL, William Hoffman Pincus, Hicks, Brams & Scher, West Palm Beach, FL, for plaintiffs. James T. Hendrick,...
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98 F. Supp. 2d 834 (2000) Janet KINSEY, et al., Plaintiffs, v. Collin KINSEY, et al., Defendants. No. 4:99CV529. United States District Court, N.D. Ohio. February 10, 2000. *835 Anthony N. Gemma, Matthew C. Giannini, Youngstown, OH, for Plaintiffs. Steven J. Paffilas, Kent W. Penhallurick, Office of the U.S. Attorney, Cleveland, OH, for Defendants. MEMORANDUM OPINION AND ORDER ECONOMUS, District...
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OPINION AND ORDER Claimant Connie Jerry seeks judicial review of a final decision of the Commissioner of the Social Security Administration denying disability insurance benefits (“DIB”) and supplemental security income (“SSI”) because claimant is not disabled under the Social Security Act. This court has jurisdiction to review the Commissioner’s decision pursuant to 42 U.S.C. § 405(g). Following...
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MEMORANDUM AND ORDER Jacquline Seyler sustained injuries in a passenger train derailment near Kingman, Arizona. She filed suit against the National Railroad Passenger Corporation (Amtrak), which operated the train, and Burlington Northern Santa Fe Corporation and Burlington Northern Santa Fe Railway Company (BNSF), 1 which owns and maintains the railroad track and bridge on...
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107 F. Supp. 2d 732 (2000) Mike SALTS and Marie Salts, individually and as officers of Salts Funeral Home, Plaintiffs v. Michael MOORE, Roger Cribb, J.D. Gardner, Tony Lee Shelbourne, Rick Ward, Lee Harrell, Eloise McCraine, George Dale, John Young, Arch Bullard, Travis Childers, Jimmy Moore, Joe Wayne Garner, Roy Green, William L. McKinney, Jerry Barnes, Keith Lovell, Tim Henderson, and Phillip ...
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94 F.Supp.2d 1 (2000) SECURITIES AND EXCHANGE COMMISSION, Plaintiff, v. Donald WALLACE, The Investment Group, Linda Schroeder, John McNulty, Berach International, Ltd., and Gary Tedford, Defendants. No. Civ. 99-0120(RWR). United States District Court, District of Columbia. February 23, 2000. Larry P. Ellsworth, Securities and Exchange Commission, Washington, D.C., John Sullivan, John Henry Schlie...
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97 F. Supp. 2d 1114 (2000) Jeannie FERRELL, Plaintiff, v. MASLAND CARPETS, INC., and The Dixie Group, Inc., Defendants. No. CIV.A. 99-0134-RV-S. United States District Court, S.D. Alabama, Southern Division. April 17, 2000. *1115 *1116 *1117 *1118 Henry Brewster, Mobile, AL, Sherrie McKenzie, Monroeville, AL, for Plaintiff. Paul D. Myrick, Mobile, AL, Lovic A. Brooks, Columbia, SC, for Defendants...
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MEMORANDUM AND ORDER This matter comes before the court on Plaintiffs’ Motion to Compel Further Testimony of Larry Potts and for Further Relief as the Court Deems Just and Proper. Upon consideration of this motion, its corresponding oppositions and the reply thereto, and the relevant law, the court will GRANT in part and DENY in part Plaintiffs’ Motion to Compel Further Testimony of Larry Potts...
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94 F.Supp.2d 8 (2000) Sidney WALKER, Plaintiff, v. John H. DALTON, Defendant. Civil Action Nos. 96-00617, 97cv02732(HHK). United States District Court, District of Columbia. March 8, 2000. *9 Brian C. Plitt, Washington, DC, for Plaintiff. G. Michael Harvey, Assistant United States Attorney for the District of Columbia, Office of the United States Attorney for the District of Columbia, Washington,...
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*62 MEMORANDUM OF DECISION AND ORDER DENYING DEFENDANT’S MOTION TO DISMISS AND GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION TO SUPPRESS Defendant has filed a Motion to Dismiss the Indictment (Docket No. 8) and a Motion to Suppress (Docket No. 9). The Government opposes both Motions. See Docket Nos. 13 and 14. I. FACTS On August 25, 1998, Lisa Bunnell, Defendant’s ex-wife, appli...
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DECISION AND ENTRY OVERRULING MOTION FOR SUMMARY JUDGMENT (DOC. #328) FILED BY DEFENDANT BROADWAY IRON AND METAL, INC. This matter comes before the Court upon a Motion for Summary Judgment (Doc. # 328) filed by Defendant Broadway Iron and Metal, Inc. (“Broadway”). In its Motion, Broadway argues that no genuine issue of material fact exists with respect to its potential liability for respo...
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104 F. Supp. 2d 1084 (2000) ARKANSAS REGIONAL ORGAN RECOVERY AGENCY, INC., Plaintiff, v. Donna E. SHALALA, Secretary of Health and Human Services, Defendant. No. 4:00CV00246GH. United States District Court, E.D. Arkansas, Western Division. July 6, 2000. William A. Waddell, Jr., Lynda M. Johnson, Bruce B. Tidwell, Friday, Eldredge & Clark, Little Rock, AR, for plaintiff. Paula Casey, United St...
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ORDER GRANTING PLAINTIFFS’ MOTION FOR REMAND AND DENYING DEFENDANTS’ (1) MOTION TO DISMISS DEFENDANTS MICHAEL BILANZICH AND C. JEFFREY THOMPSON FOR LACK OF PERSONAL JURISDICTION; AND (2) MOTION TO DISMISS, TRANSFER OR STAY ACTION BY DEFENDANTS BAD ASS COFFEE COMPANY OF HAWAII, INC. AND MICHAEL BILANZICH This is a breach of contract action brought by Plaintiffs Dennis Lovell (“Lo-veil”) an...
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MEMORANDUM AND ORDER This matter comes before the court on plaintiffs’ Motion for Leave to Take the Deposition of Leslie Gail Kennedy. Upon consideration of the submissions of the parties and the relevant law, the plaintiffs’ motion is granted. I. Background As stated in several opinions by this court, the underlying allegations in this case arise from what has become popularly known as “Filegat...
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*1134 OPINION AND ORDER INTRODUCTION Plaintiffs, Klamath Siskiyou Wildlands Center, Klamath Forest Alliance, and Native Plant Society of Oregon, filed two separate cases alleging that defendant, Bruce Babbitt, Secretary of the Department of the Interior (“Secretary”), violated the Endangered Species Act, 16 USC §§ 1531-1544 (“ESA”), by failing to publish in the Federal Register final rule...
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MEMORANDUM & ORDER Plaintiff Charles McFadden 1 originally brought this action against two defendants: (1) his ex-employer, R&R Engine & Machine Company (“R & R”); and (2) the Central Reserve Life Insurance Company (“Central Reserve”), which provided a group health insurance policy to R & R employees. McFadden alleged that Central Reserve refused to reimburse him for a subs...
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ORDER GRANTING PRELIMINARY INJUNCTION I. Introduction Plaintiffs 3M Unitek Corporation, 3M Innovative Properties Company and Minnesota Mining and Manufacturing Company (collectively “3M Unitek”) are seeking a preliminary injunction to prevent defendant from continuing to sell its “inspire!” ceramic orthodontic brackets for use in orthodontic braces. Plaintiffs argue that the def...
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98 F.Supp.2d 1073 (2000) Wanda S. McMACKINS, Plaintiff, v. The MONSANTO COMPANY SALARIED EMPLOYEES' PENSION PLAN, Defendant. No. 4:99CV68 CDP. United States District Court, E.D. Missouri, Eastern Division. February 29, 2000. James G. Nowogrocki, St. Louis, MO, for Wanda F. McMackins. Jeffrey S. Russell, Gregory A. Hewett, Bryan Cave LLP, St. Louis, MO, for Monsanto Co. Salaried Employees' Pension...
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107 F.Supp.2d 684 (2000) HOME PARAMOUNT PEST CONTROL COMPANIES, INC. v. FMC CORPORATION/AGRICULTURAL PRODUCTS GROUP No. Civ. L-98-2533. United States District Court, D. Maryland. July 13, 2000. *685 *686 Ronald M. Cherry, Joseph M. English, (McGuire, Woods, Battle & Boothe), Baltimore, Maryland, for plaintiff. Nathan Daniel Adler, (Neuberger, Quinn, Gielen, Rubin & Gibber), Baltimore, Mar...
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MEMORANDUM AND ORDER Before the Court is the Motion to Modify Confidentiality Order filed by Interve-nors American Medical Association (“AMA”) and Maryland State Medical Society (“MedChi”), and an accompanying Motion for a Hearing. Because the parties have thoroughly briefed the issues, the Court will dispense with a hearing. See Local Rule 105.6 (D.Md.1999). For the reasons discussed below...
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OPINION Plaintiffs Erika Bair and Sandra Taylor move, in these companion cases, 1 to amend their complaints to withdraw their Title VII claims and substitute claims under 42 U.S.C. § 1983, based on the same conduct and occurrences that formed the basis for their Title VII claims. Defendant City of *264 Atlantic City opposes the motions to amend and cross-moves to dismiss the complaints in...
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OPINION AND ORDER This matter is before the Court on cross motions for summary judgment by plaintiff, Kathleen Mullaney and by defendant, Aetna. This action was brought by Kathleen Mullaney, who claims that Aetna has wrongfully denied her the Accidental Death and Dismemberment (“AD & D”) benefits owed to her by the Electric Boat Corporation Dynaflex Life Insurance and Disability Plans...
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106 F. Supp. 2d 276 (2000) WEHRAN-PUERTO RICO, INC., Plaintiff, v. MUNICIPALITY OF ARECIBO, et al., Defendants. No. Civ. 99-1216 HL. United States District Court, D. Puerto Rico. July 6, 2000. *277 *278 *279 Maria S. Kortright-Soler, San Juan, PR, Victoria A. Ferrer-Kerber, San Juan, PR, for Wehran Puerto Rico, Inc., plaintiff. Eliezer Aldarondo-Ortiz, Eduardo R. Estrella, Claudio Aliff-Ortiz, Al...
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106 F. Supp. 2d 306 (2000) Lilliam E. MENDOZA TORO, Plaintiff, v. Guillermo GIL, Defendant. No. Civ. 00-1846 HL. United States District Court, D. Puerto Rico. July 11, 2000. *307 Francisco Rebollo-Casalduc, San Juan, PR, Bamily Lopez-Ortiz, Lopez Toro, Law and Notary Offices, Hato Rey, PR, for Lilliam E. Mendoza-Toro, plaintiff. ORDER LAFFITTE, Chief Judge. Before the Court is Plaintiff's petiti...
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111 F. Supp. 2d 1101 (2000) Eurlene ROBINSON; Rashad L. Atkinson; Carla Droughn; David Fitzpatrick; Kirestin J. Harris; Janice L. Medley; Willie L. Toombs, Jr.; Kahlil Watkins; and Tamera L. Williams, on behalf of themselves and all other persons similarly situated, Plaintiffs, v. SEARS, ROEBUCK AND CO., Defendant. No. 4:98CV00739 SWW. United States District Court, E.D. Arkansas, Western Division...
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DECISION AND ORDER Before me is a Recommendation by Magistrate Judge Patricia J. Gorence, proposing findings of fact and recommending that Miguel Angelo Espinoza’s motion to suppress physical evidence be granted. The government filed timely objections to the Recommendation and Espinoza responded. Having reviewed the Recommendation and objections de novo, I see no reason to depart from the fac...
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104 F.Supp.2d 469 (2000) LIBERTY MUTUAL INSURANCE COMPANY, Plaintiff, v. Wesley VENTIMIGLIA, Rose Ventimiglia, and Jasmine Marin, Defendants. No. 3:00-CV-0031. United States District Court, M.D. Pennsylvania. March 23, 2000. Timothy E. Foley, Foley, Cognetti & Cowley, Scranton, Pa, Daniel E. Cummins, Scranton, PA, for Liberty Mutual Insurance Company, plaintiff. Matthew P. Barrett, O'Malley &...
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MEMORANDUM OPINION Raycom Communications, Inc. d/b/a WTVR News 6 (“WTVR”) and its reporter, Jean Ziliani, as interveners in this case, have filed a motion to quash a subpoena duces tecum sought by the Defendants, Nelson Brown and Marshall King, under Fed. R.Crim.P. 17(c). The subpoena requests production of all unedited, unbroadcast videotapes, commonly known as “outtakes,” of Zi-liani’s intervie...
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*1020 OPINION On March 24, 2000, Plaintiff filed a “Complaint for Declaratory, Injunctive and Other Relief’ against Defendant in the Wayne County Circuit Court, asking the court to declare the rights and liabilities of the parties with respect to a “License and Maintenance Agreement” that provides for Plaintiffs use of a computer inventory system developed by Defendant. On the same day, the...
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106 F. Supp. 2d 934 (2000) Melvin Doyle BAIR, Petitioner, v. Thomas PHILLIPS, Respondent. No. 99-CV-72643-DT. United States District Court, E.D. Michigan, Southern Division. June 21, 2000. *935 *936 Melvin Doyle Bair, Rochester, MN, pro se. Brad Beaver, A.A.G., Lansing, MI, for Thomas Philips. OPINION DUGGAN, District Judge. Melvin Doyle Bair ("Petitioner") seeks the issuance of a writ of habeas...
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*726 OPINION AND ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT and ORDER DENYING DEFENDANT’S MOTION FOR SANCTIONS This matter is presently before the court on defendant’s motion for summary judgment and defendant’s motion for sanctions. Plaintiff has responded to both motions. Pursuant to E.D. Mich. LR 7.1(e)(2), the court shall decide these motions without oral argu...
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*709 OPINION AND ORDER REGARDING DEFENDANTS’ MOTION TO DISMISS OR FOR SUMMARY JUDGMENT I. INTRODUCTION Plaintiffs Ernest and Nancy Leach and their son Robert Leach commenced this action in this Court on September 7, 1999 against the six Defendants, all employees of the City of Pontiac. In their 23-count pro se Complaint, Plaintiffs assert claims under ...
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107 F.Supp.2d 787 (2000) McDONALD'S CORPORATION, Plaintiff, v. BURGER KING CORPORATION, Defendant. No. 99-73301. United States District Court, E.D. Michigan, Southern Division. June 13, 2000. *788 Patrick G. Seyferth, Feeney, Kellett, Bloomfield Hills, MI, James P. Feeney, Bloomfield Hills, MI, for Plaintiff. Dennis J. Levasseur, Bodman, Longley, Detroit, MI, Arlana S. Cohen, St. Onge, Steward, S...
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ORDER GRANTING THE UNITED STATES’ MOTION TO VACATE FINAL DEFAULT JUDGMENT, MOTION TO VACATE DAMAGE ASSESSMENT HEARING, MOTION TO VACATE FINDINGS OF FACT AND CONCLUSIONS OF LAW, AND MOTION TO DISMISS Plaintiff Williams originally brought this action against Defendant American Overseas Marine Corp. (“AOMC”) for personal injuries arising under the Jones Act and general maritime law. The ...
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MEMORANDUM OPINION I.INTRODUCTION This case is before the court on a Motion to Remand (Doc. # 3) filed by the Plaintiff Mary Jean Merritt (the “Plaintiff’) on June 5, 2000. This case was originally filed by the Plaintiff in the Circuit Court of Pike County, Alabama on October 13, 1999 alleging claims against Mazda Motor of America, Inc., Mazda Motor Corporation, and Charlie M...
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104 F. Supp. 2d 1345 (2000) Tony FOUNTAIN, # 152157, Plaintiff, v. Daniel R. TALLEY, et al., Defendants. No. Civ. A. 94-C-676-N. United States District Court, M.D. Alabama, Northern Division. February 25, 2000. *1346 *1347 Tony Fountain, Elmore, AL, plaintiff pro se. Craig T. Jones, Atlanta, GA, James Mendelsohn, Collins Law Firm, Birmingham, AL, for Tony Fountain, plaintiff. Horace N. Lynn, Andr...
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104 F.Supp.2d 752 (2000) William COOK, Plaintiff, v. CLEVELAND STATE UNIVERSITY, Defendant. No. 1:98 CV 0351. United States District Court, N.D. Ohio, Eastern Division. July 10, 2000. William Cook, Beachwood, OH, pro se. Roger M. Synenberg, Mary Jo Tipping, Synenberg & Marein, Cleveland, OH, for Defendants. FINDINGS OF FACT AND CONCLUSIONS OF LAW WELLS, District Judge. On 11 February 1998, p...
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ORDER ON PLAINTIFF’S MOTION TO BIFURCATE PROCEEDINGS AND MOTIONS TO PERMIT PRESENTATION OF ADDITIONAL EVIDENCE AND FOR LIMITED DISCOVERY AND DEFENDANTS’ MOTION TO MODIFY SCHEDULING ORDER AND MOTION FOR LEAVE TO PRESENT ADDITIONAL EVIDENCE The issue here is the standard for disqualifying an adjudicator for lack of impartiality. I conclude that grounds for disqualification do not exist and ...
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OPINION and ORDER Defendant in rem Portrait of Wally, a painting by Egon Schiele (“the painting”), was brought into the United States to be shown at the Museum of Modern Art (“MoMA”), on loan from an Austrian museum, Leopold Museum-Privatsiftung (“the Leopold”). The United States claims that the painting is stolen, and seeks its forfeiture under 19 U.S.C. § 1595a(c) (1994) and 22 U.S.C. § 401...
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104 F. Supp. 2d 719 (2000) Sharonlyn WILLIAMS, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant. No. 99-CV-72641. United States District Court, E.D. Michigan, Southern Division. May 12, 2000. Lewis M. Seward, Seward, Tally & Piggott, P.C., Bay City, MI, for plaintiff. Elizabeth J. Larin, Assistant United States Attorney, Detroit, MI, for defendant. MEMORANDUM AND ORDER REJECTING THE ...
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OPINION AND ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION On October 21, 1999, Magistrate Judge Thomas A. Carlson issued a Report and Recommendation (“R & R”) recommending that the Court deny Plaintiffs Motion for Summary Judgment and grant Defendant’s Motion for Summary Judgment. Plaintiff filed objections to the R & R on November 1, 1999. Having revie...
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104 F.Supp.2d 967 (2000) People of the State of ILLINOIS, Plaintiff, v. The GRIGOLEIT COMPANY, William Christian, Jr., and Lee Enterprises, Inc., Defendants. The Grigoleit Company, Third Party Plaintiff, v. Midland Machine Corp., Dennis O. Punches, Patricia A. Punches, and Lee Enterprises, Inc., f/k/a/ Decatur Herald, f/k/a Decatur Herald and Review, Inc., Third Party Defendants. No. 98-CV-2261. ...
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MEMORANDUM OF DECISION AND ORDER This is an appeal from an Order dated December 3, 1999 of United States Bankruptcy Judge Dorothy T. Eisenberg, which, at the conclusion of a hearing: (1) reversed a prior order permitting the Trustee to appoint Special Counsel to represent the bankruptcy estate in pursuing the Debtor’s pre-bankruptcy personal injury action; (2) ordered the Trustee to r...
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MEMORANDUM DECISION AND ORDER GRANTING MOTIONS FOR SUMMARY JUDGMENT Plaintiffs are 26 individuals who invested money in Bellerose Credit Corporation (“Bellerose”), based on their understanding that their investments were to provide secured financing for car loans extended by Bellerose. Defendant Steven Fisher is the sole officer of Bellerose, and the sole owner of Defendant Winston Barret...
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105 F.Supp.2d 731 (2000) Dana HERVEY, Petitioner, v. UNITED STATES of America, Respondent. No. 00-CV-71521-DT. United States District Court, E.D. Michigan, Southern Division. June 20, 2000. *732 Dana Hervey, Bradford, PA, pro se. OPINION AND ORDER DENYING THE PETITION FOR WRIT OF HABEAS CORPUS BROUGHT PURSUANT TO 28 U.S.C. § 2241 AND ORDERING THAT THE CASE BE TRANSFERRED TO THE UNITED STATES COU...
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110 F.Supp.2d 576 (2000) Gregory CHILDERS, Petitioner, v. Parole Agent Julie GOLDMAN and M.D.O.C. Director Kenneth McGinnis, Respondents. No. 99-CV-73711-DT. United States District Court, E.D. Michigan, Southern Division. July 6, 2000. Gregory D. Childers, Pontiac, MI, pro se. *577 Debra M. Gagliardi, A.A.G., Habeas Corpus Division, Lansing, MI, for defendant. OPINION DUGGAN, District Judge. On ...
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OPINION AND ORDER GRANTING DEFENDANTS’ MOTIONS FOR SUMMARY JUDGMENT I. INTRODUCTION This Section 1983 police excessive force action, is presently before the Court on two motions for summary judgment filed by the three defendant police officers — one filed by Defendant Kathleen Schmidt-Robinson and the other filed by Defendants Michael Jones and Jermaine Reese. 1 Pl...
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OPINION Plaintiff insurance company seeks a declaratory judgment that it has no duty to defend or indemnify defendant policyholder in an underlying personal injury action due to the policyholder’s failure to notify plaintiff of the claim in a timely fashion. The policyholder has moved to dismiss the complaint and the insurance company has cross-moved for summary judgment. A parallel proceedin...
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106 F. Supp. 2d 513 (2000) Carmel N. DONOVAN, Erich Eidenschenk, David Follett, and Estate of Frank M. Purnell, Individually and as Shareholders of LH Radiologists, P.C., Plaintiffs, v. Lewis ROTHMAN, Stephen Scharf, R.S. Billing Systems, Inc., Lenox Hill Hospital, and LH Radiologists, P.C., Defendants. No. 99 CIV. 11197 (SHS). United States District Court, S.D. New York. July 18, 2000. OPINION ...
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97 F.Supp.2d 816 (2000) Mayor Michael R. WHITE, et al., Plaintiffs, v. SMITH & WESSON, et al., Defendants. No. 1:99 CV 1134. United States District Court, N.D. Ohio. Eastern Division. March 14, 2000. *817 *818 Cornell P. Carter, City of Cleveland, Dept. of Law, Cleveland, OH, John R. Climaco, Jack D. Maistros, Keith T. Vernon, Climaco, Lefkowitz, Peca, Wilcox & Garofoli, Cleveland, OH, We...
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ORDER Presently before the Court is an appeal in the above-styled case from the Bankruptcy Court. On February 11, 2000, Appellant Educational Credit Management Corporation (“ECMC”) filed its brief. On February 25, 2000, Appellees Kenneth Eugene McLeroy and Diana Daun McLeroy *875 (collectively, “the McLeroys”) filed then-brief, to which ECMC replied on March 14, 2000. After careful consider...
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MEMORANDUM OPINION AND ORDER In 1999, Congress enacted the Trademark Amendments Act of 1999 (the “Amendment” or “TAA”), which amended the Lanham Act by requiring parties claiming infringement of unregistered trade dress to bear the burden of proving non-functionality as part of their •prima facie case. 15 U.S.C. § 1125(a)(3). Plaintiffs Thomas & Betts Corporation...
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107 F.Supp.2d 10 (2000) UNITED STATES of America, Plaintiff, v. ENOVA CORPORATION, Defendant. No. Civ.A. 98-583. United States District Court, District of Columbia. June 30, 2000. *11 *12 Jade Alice Eaton, U.S. Dept. of Justice, Washington, DC, for U.S. Linda M. McMahon, Steven C. Sunshine, Sherman & Sterling, Washington, DC, for Enova Corp. James Barr Moorhead, Steptoe & Johnson, L.L.P.,...
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106 F.Supp.2d 191 (2000) UNITED STATES of America, Plaintiff, v. 1) Efrain ROBLES-MENDOZA, 2) Heriberto Echevarria, 3) German Heger-Fernandez, 4) Daniel Perez-Vazquez, Defendants. No. CRIM. 98-0296CCC. United States District Court, D. Puerto Rico. March 1, 2000. *192 Guillermo Gil, U.S. Attorney, Desireé Laborde-Sanfiorenzo, Assistant U.S. Attorney, for Plaintiff. Vilma María Dapena, Bayamon, PR,...
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ORDER The Court has before it the Motion for Judgment on the Pleadings filed by the Enron defendants requesting dismissal of Civil Action 98-1519 (docket entry 1550), the opposition filed by plaintiff Integrand Assurance Company (docket entry 1611), and the Enron defendants’ reply (docket entry 1670). The dismissal request is based on the contention that the one year period for filing tort actions...
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106 F.Supp.2d 1121 (2000) Donald W. NUTTING, an individual doing business as Foothills Distributing Co., Plaintiff, v. RAM SOUTHWEST, INC., a New Mexico corporation doing business as Violets; and Ron Sheppeard, an individual, Defendants. No. CIV. A. 98-B-2360. United States District Court, D. Colorado. July 10, 2000. *1122 Brian D. Smith, Brian D. Smith, P.C., Denver, CO, for plaintiff. C. Michae...
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104 F. Supp. 2d 1291 (2000) Betty L. NEIKIRK, as Representative-Plaintiff for Lisa M. Neikirk, Plaintiff, v. Kenneth APFEL, Commissioner of Social Security, Defendant. No. CIV. A. 99-K-1907. United States District Court, D. Colorado. July 10, 2000. Mary C. Rabbitt, Legal Aid Society of Metro Denver, Denver, CO, R. Eric Solem, Solem, Mack & Steinhoff, P.C., Englewood, CO, for Plaintiff. Michae...
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ORDER The question presented in this case is whether the Medicare managed care payment formula set forth in the Balanced Budget Act (“BBA”) of 1997, Pub.L. No. 105-33, violates the Constitution. The Court holds that it does not and therefore will grant Defendants’ motion to dismiss. I. A. Congress established Medicare in 1965 as part of the Social Security Act, 42 U.S.C. § ...
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106 F.Supp.2d 194 (2000) Rafael ROSARIO-FRANQUI and Elizabeth Padin-Hernandez on their own behalf and on behalf of the conjugal partnership constituted by them Plaintiffs v. Police Officer Jose NEGRON-VAZQUEZ, individually and in his capacity as Puerto Rico Police Officer; Felix M. Melendez-Ramos, Myrna Montanez, individually and in their capacities as Puerto Rico Agent Officers; Luis A. Serrano-...
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106 F.Supp.2d 223 (2000) NORTHWESTERN SELECTA, INC., Plaintiff, v. Hon. Miguel O. MUNOZ, Secretary of the Department of Agriculture, in His Personal and Official Capacity, Defendant. Ciivl 00-1106CCC. United States District Court, D. Puerto Rico. June 22, 2000. *224 Rebeca F. Rojas, Reichard & Escalera, Isla Verde, PR, for plaintiff. Leticia Ramírez-Rangel, Angel E. Rotger-Sabat, Attorney Gen...
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MEMORANDUM OPINION AND ORDER Pending is the United States’ Motion to Dismiss. At issue is the applicability of the discretionary function exception of the Federal Tort Claims Act. For reasons that follow, the Court FINDS and CONCLUDES the National Park Service’s decision not to maintain and inspect the terrain adjoining roads in the New River Gorge National Park was a discretionary ...
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OPINION AND ORDER This litigation arises out of Plaintiff Je-sús Marti Navarro’s (“Marti”) termination from his job as a Special Agent with the Federal Bureau of Investigation (“FBI”). Marti alleges that his termination was in violation of several provisions of federal law. Although Martfs complaint attempts to set forth seven separate causes of action, Marti in fact sets forth only four distin...
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104 F.Supp.2d 710 (2000) Linda D. PENNINGTON, Plaintiff, v. DOLLAR TREE STORES, INC. and Glimpcher Realty Trust, Defendants. No. Civ.A. 99-116. United States District Court, E.D. Kentucky. July 17, 2000. *711 Gordon J. Dill, Ashland, KY, Steven K. Dankof, Dayton, OH, Roger W. Hall, Hanbury & Hall P.S.C., Ashland, KY, Thomas J. Intili, Dayton, OH, for Linda D. Pennington, plaintiff. *712 Edwar...
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OPINION & ORDER Before the Court in this case in admiralty are Defendant Pan Ocean Shipping Co., Ltd.’s (“POSC”) Motion to Dismiss (Dkt.45) and Defendants Panobulk America, Inc.’s (“Panobulk”) and POSC’s Motion to Request Counter Security (Dkt.46). FACTS Plaintiffs Mateco Inc. and Celta Agencies, Inc. attempted to purchase steel re-bars 1 for use in the Puerto Rican m...
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FURTHER MEMORANDUM AND ORDER RE CITY COUNCIL MEMBERS’ MOTION TO DISMISS UNDER RULE 12(b)(6), FED. R. CIV. P. I. INTRODUCTION In this case, the Court was presented with motions to dismiss the original complaint against all defendants, including members of the Los Angeles City Council, under Rule 12(b)(6) of the Federal Rules of Civil Procedure. In a separate or...
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107 F. Supp. 2d 1154 (2000) George Thomas FRANKLIN, Plaintiff, v. Jim FOX, et al., Defendants. No. C 97-2443 CRB. United States District Court, N.D. California. July 17, 2000. *1155 Deborah Penny Bennett, County Counsel's Office—San Mateo County, Hall of Justice & Records, Redwood City, CA, James M. Wagstaffe, Kerr & Wagstaffe, San Francisco, CA, for Robert Morse, Bryan Cassandro, Martin ...
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MEMORANDUM AND ORDER Defendant ISG has moved to dismiss plaintiffs eighth, ninth and eleventh causes of action for conversion, negligence and civil conspiracy respectively. The grounds for this motion are that the claims are barred either by the statute of limitations set forth by the Carriage of Goods by Sea Act (“COGSA”) or by the nine-month period of limitations set forth in paragraph ...
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MEMORANDUM OPINION AND ORDER This matter comes before the Court on Defendant’s Motion for Clarification (Doc. # 63). For the reasons set forth below, Defendant’s motion is DENIED. Procedural History 1 The Court granted Plaintiffs’ Cross-Motion for Summary Judgment in substantial part on January 21, 2000, and permanently enjoined Defendant from enforcing its then-existing...
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98 F.Supp.2d 928 (2000) Larry SCROGGINS, Plaintiff, v. YELLOW FREIGHT SYSTEMS, INC., Defendant. No. 1:99-CV-017. United States District Court, E.D. Tennessee, at Chattanooga. April 26, 2000. Flossie Weill, Weill & Weill, Chattanooga, TN, for Larry Scroggins, plaintiff. Robert M Finlayson, II, Denise F Stranko, Mozley, Finlayson & Loggins, Atlanta, GA, Richard C Kennedy, Kennedy, Fulton, *...
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106 F. Supp. 2d 721 (2000) In re THE PRUDENTIAL INSURANCE COMPANY OF AMERICA SALES PRACTICES LITIGATION. This Document Relates to All Class Actions. No. 95-4704(AMW). United States District Court, D. New Jersey. July 18, 2000. Melvyn Weiss, Brad N. Friedman, Milberg Weiss, Bershad, New York, NY, for the Class. *722 Reid Ashinoff, Sandra Hauser, Sonnenschein Nath & Rosenthal, New York, NY, for...
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MEMORANDUM OPINION This matter is opened before the Court upon the appeal of Robert and Steven Gessman from the decision of the United States Bankruptcy Court, dated February 3, 1999, denying their motion to compel an allocation of payments from the debtor’s Chapter 7 estate to a tax obligation for which appellants are personally liable. The appeal has been decided upon the written su...
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104 F. Supp. 2d 1017 (2000) John P. DARTEY and Betty Dartey, Plaintiffs, v. FORD MOTOR COMPANY and Cable Manufacturing and Assembly, Inc., Defendants. No. 1:99-CV-107. United States District Court, N.D. Indiana, Fort Wayne Division. July 10, 2000. *1018 *1019 Frank Gray, Beckman, Lawson, Sandler, Snyder and Federoff, Fort Wayne, IN, for Frank Gray, mediator. Joseph Christoff, Sr., Christoff and C...
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ORDER GRANTING DEFENDANT PETER B. CARLISLE’S MOTION TO ALTER OR AMEND ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT Pursuant to Local Rule 7.2(d), the court finds this matter suitable for disposition without a hearing. On February 7, 2000, Defendant filed a motion, which all parties joined, to alter or amend this court’s Order Granting in Part and Denying in Pa...
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MEMORANDUM OPINION AND ORDER Pending are the parties’ cross-motions for summary judgment. 1 Because the Court determines Plaintiff lacks standing to bring this action, the case is DISMISSED. I. FACTUAL AND PROCEDURAL BACKGROUND Plaintiff Lester Stephenson (“Stephenson”) last worked in the mines March 5, 1992, when he sustained a mine accident injury to his left ha...
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104 F.Supp.2d 480 (2000) UNITED STATES of America, v. Theodor SZEHINSKYJ. No. CIV. A. 99-5348. United States District Court, E.D. Pennsylvania. July 24, 2000. *481 William H. Kenety, David W. Folts, Eli M. Rosenbaum, U.S. Dept. of Justice, Office of Special Investigation, Robert Groner, Washington, DC, for U.S. Andre Michniak, Philadelphia, PA, for Defendant. MEMORANDUM DALZELL, District Judge. ...
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MEMORANDUM-DECISION AND ORDER I. Background On November 12, 1999, Plaintiff Hilda Garcia commenced the instant action against Defendants Akwesasne Housing Authority (“AHA”) and John Ransom, in his personal capacity, alleging, inter alia, that Defendants unlawfully terminated her employment with the AHA. Plaintiff is a Native American who is not a member of the St. Reg...
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MEMORANDUM-DECISION & ORDER Plaintiff Dr. Janice W. Anderson commenced the instant action against Defendants claiming violations of the Equal Pay Act, 29 U.S.C. § 206(d) (“EPA”). Defendants previously moved pursuant to fed. R. Civ. P. 56 seeking, among other things, dismissal of the EPA claim on the ground that, pursuant to the Eleventh Amendment, Defendants were immune from suit in feder...
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MEMORANDUM — DECISION AND ORDER Presently before the Court are (i) defendant Baxter’s motion to compel, (ii) Plaintiffs’ motion to extend time to conclude expert disclosure, (iii) Plaintiffs’ motion to allow additional expert disclosure, (iv) defendant Baxter’s motion for summary judgment, and (v) defendant Baxter’s motion to strike Plaintiffs supplemental memorandum of law in opposition to the mo...
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MEMORANDUM AND ORDER Pending before the Court is the appeal of Tracar, S.A. (“Tracar”) from a June 28, 1999 Order of the United States Bankruptcy Court for the Eastern District of New York (Eisenberg, B.J.) granting the motion of Kenneth Silverman (the “Trustee”) to expunge Tracar’s claims. For the reasons that follow, the appeal is granted and the June 28, 1999 Order is reversed. The...
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OPINION Defendants Avesta Technologies, Inc. (“Avesta”) and David Zager (“Zager”) (collectively, the “Defendants”) have moved for reconsideration, pursuant to Local Civil Rule 6.3, of this Court’s summary judgment opinion of March 1, 2000 (hereinafter, “Smarts I”), insofar as it dismissed several of the Defendants’ counterclaims. The Defendants have also moved pursuant to Rule 6.3 to ...
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MEMORANDUM AND ORDER Plaintiffs LIH, by and on behalf of her minor son, LH; LM, by and on behalf of her minor son, MV; OL, by and on behalf of her minor son, ML; LR, by and on behalf of her minor daughter, MS; and JW, by and on behalf of her minor daughter AW, individually and on behalf of others similarly situated, bring this action against defendants the New York City Board of Education...
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ORDER Presently before the Court is Plaintiffs motion for a order temporarily restraining Defendants from use of displays at a trade fair to be held June 12, 2000 that Plaintiff alleges breach a prior settlement between the parties and contain false statements. For the reasons set forth below, the Court grants Plaintiffs motion. I. ANALYSIS In most cases, a party seeking a preliminary injunction...
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Judgment, Memorandum, and Order I. Introduction The contention that federal law preempts New York statutes protecting workers against falls from scaffolds is rejected. Long standing worker protections should not be dismantled unless a federal statute clearly ordains that result. Preemption should not be used as a sword to strike down worker protections developed over the millenni...
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OPINION & ORDER BACKGROUND We assume familiarity with the background information set forth in the prior decisions in this matter of this Court and the Court of Appeals. See Nicholas v. Miller (2d Cir.1999) 189 F.3d 191. Plaintiff Jason Nicholas (hereinafter “plaintiff’) sued defendant New York State Department of Corrections (hereinafter “defendant” or “DOCS”)...
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111 F. Supp. 2d 475 (2000) Arthur J. MAURELLO, Plaintiff, v. UNITED STATES of America, Defendant. No. CIV. A. 99-357 MLC. United States District Court, D. New Jersey. June 30, 2000. Arthur J. Maurello, Hillsborough, NJ, pro se. John Andrew Ruymann, Office of the United States Attorney, Trenton, NJ, for defendant. *476 COOPER, District Judge. This matter comes before the Court on a motion for part...
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MEMORANDUM OPINION In this federal tax refund suit, the threshold question is whether the taxpayer’s claim is time-barred under 26 U.S.C. § 6511(b)(2). I Plaintiff Robert H. Manka overpaid his 1993 taxes. Specifically, he overpaid his taxes by $22,277. This figure results from subtracting his actual 1993 tax liability from the amount of taxes he paid that year through withholding and estima...
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104 F. Supp. 2d 1001 (2000) Denisha KEHRER, Plaintiff, v. CITY OF SPRINGFIELD, a Municipal Corporation, Jeanne Blackman, Catherine Lawrence, John Mark Smith, Mary Dehen, Gina Marshall, Robert Williams, Frank Natale, and Craig Sim, Defendants. No. 97-3163-CV. United States District Court, C.D. Illinois, Springfield Division. July 18, 2000. *1002 *1003 Carl R Draper, Feldman Wasser Draper & Ben...
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ORDER Plaintiff Kenya Runnels filed a complaint against Armstrong World Industries, Inc. (“Armstrong”) in this court on April 26, 1999. In that complaint, she alleges that Armstrong, her former employer, discriminated against her on the basis of her race and sex in violation of Title VII. 42 U.S.C. § 2000e-2 (West 2000). On May 1, 2000, Armstrong filed a Motion for Summary Judgment (#...
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109 F.Supp.2d 963 (2000) James Dean FOLEY, Plaintiff, v. PLUMBERS & STEAMFITTERS LOCAL # 149 Defendant. No. 00-2108. United States District Court, C.D. Illinois, Danville/Urbana Division. July 19, 2000. *964 James Dean Foley, Oakwood, IL, pro se. William K. Cavanagh, Cavanagh & O'Hara, Springfield, IL, Francis J. Martorana, Sally M. Tedrow, O'Donoghue & O'Donoghue, Washington, DC, for...
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106 F. Supp. 2d 667 (2000) BOEHRINGER INGELHEIM VETMEDICA, INC., et al., Plaintiffs, v. SCHERING-PLOUGH CORPORATION and Schering Corporation, Defendants. No. CIV. 96-4047(HAA). United States District Court, D. New Jersey. June 20, 2000. *668 Jennifer Gordon, Jonathan A. Marshall, Scott D. Stimpson, Pennie & Edmonds, New York City, for Plaintiffs. Sidney David, Paul H. Konchanski, Lerner, Davi...
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MEMORANDUM OPINION Plaintiff, a Virginia inmate proceeding pro se, filed this action under 42 U.S.C. § 1983, alleging that defendant violated his Eighth Amendment right to adequate medical care. Now before the Court is defendant’s Motion to Dismiss and plaintiffs Motion for Plaintiffs Institutional Medical Records. After being notified of the potentially dispositive nature ...
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MEMORANDUM OPINION Plaintiffs, Nancy Spielberg, Jessica Katz, Melissa Katz, Karen Berman, Leah Berman, Louis Weiss, Alice Weiss, Gerson Freedman, Miriam Lewinger, Garry Bonner, Kenny Vance, Murray Weinstock and Tavous Lavi, recovered a verdict in the amount of $2,225,000.00 from defendant, American Airlines, Inc. (“American”) following a seven day jury trial before this court on Octob...
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*478 MEMORANDUM OPINION This severed action is a claim brought by sixteen 1 competitive local exchange carriers (“CLECs”), against a long distance carrier, Sprint Communications Company (“Sprint”), 2 for fees due pursuant to published tariffs. Sprint’s response, embodied in both an affirmative defense and counterclaim, is to attack the reasonableness of the ...
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106 F.Supp.2d 848 (2000) AMERICA ONLINE, INC., and ICQ, Inc., Plaintiffs, v. Chih-Hsien HUANG, et al., Defendants. No. Civ. 00-290-A. United States District Court, E.D. Virginia, Alexandria Division. July 13, 2000. *849 Michael A. Grow, James R. Davis, II, Arent Fox Kintner Plotkin & Kahn, Washington, DC, for plaintiffs. John W. Polk, Kenneth R. Hayduk, Baker & McKenzie Washington, DC, fo...
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104 F.Supp.2d 611 (2000) George R. "Tex" WOOD, Plaintiff, v. Cameron QUINN, Secretary, State Board of Elections, Defendant. No. Civ.A. 3:00CV335. United States District Court, E.D. Virginia, Richmond Division. July 17, 2000. *612 George R. Wood, Stuart, VA, plaintiff pro se. James Walter Hopper, Office of Attorney General of VA, Richmond, VA, Mark Lawrence Earley, Office of the Attorney General, ...
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106 F.Supp.2d 35 (2000) Lorraine WISE, Plaintiff, v. Richard W. RILEY, Secretary, U.S. Department of Education, Defendant. No. CIV.A. 98-0995 JR. United States District Court, District of Columbia. July 18, 2000. *36 Lorraine E. Wise, Ellicott City, MD, for Plaintiff pro se. Harry Lee, Patrick O'Donnell, Mark C. Elmer, Steptoe & Johnson LLP, Washington, DC, Former Counsel for Plaintiff. Jenni...
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Background A. Factual Summary This is an action by Plaintiff Dr. Gary S. Lazar (“Plaintiff’) against Defendant TRANS UNION LLC, formerly known as TRANS UNION CORPORATION and doing business as TRANS UNION CREDIT INFORMATION COMPANY (“TUC”) for violation of 15 U.S.C. § 1681e(b), violation of 15 U.S.C. § 1681i(a), breach of contract as a third party beneficiary, and violation of California Business...
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104 F.Supp.2d 548 (2000) Michael H. BOSTRON and Maurice R. DuBois, Plaintiffs, v. Kenneth S. APFEL, Defendant. No. Civ.H-97-3154. United States District Court, D. Maryland. July 19, 2000. *549 E. David Hoskins, Law Offices of Peter G. Angelos, P.C., Baltimore, MD, for plaintiffs. Allen F. Loucks, Assistant United States Attorney, Larry D. Adams, Assistant United States Attorney, Baltimore, MD, fo...
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ORDER Plaintiff Janine Perri brings this action against defendants Delta Air Lines Inc. (“Delta”) and Aerovías de Mexico S.A. de C.V. (“Aeromexico”) to recover the value of two pieces of luggage that were lost while she was traveling on vacation from New York to Mexico. Plaintiff claims that the bags and their contents were worth approximately $16,000. Plaintiff and defendants have now filed ...
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MEMORANDUM OPINION I. Background Plaintiff, Angela Robinson, filed this action against her former employer, Instruc *284 tional Systems, Inc., alleging discrimination on the basis of race and/or national origin, in the terms of her employment and termination, in violation of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq., ...
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MEMORANDUM AND ORDER The parties have requested approval of a settlement in the above-captioned class action. A hearing on the final certification of the settlement class and on the fairness and adequacy of the settlement was held on June 20, 2000. Because a some of the putative settlement class members did not receive notice of the pending settlement until just prior to the June 5, 2000, deadl...
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MEMORANDUM AND ORDER This declaratory judgment action has been brought before the Court on cross-motions of the parties for summary judgment. For the reasons which follow, the Plaintiffs motion shall be granted and the defendant’s motion shall be denied. Statement of Facts On May 28, 1998, the defendant, Thomas A. Ridder, Jr. was injured as the result of a motor vehicle ...
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120 F.Supp.2d 870 (2000) IMAGE ONLINE DESIGN, INC., Plaintiff, v. CORE ASSOCIATION and Ken Stubbs, Defendants. No. CV 99-11347 RJK. United States District Court, C.D. California. June 22, 2000. *871 Edward R. Schwartz, Christie Parker & Hale, Pasadena, CA, for plaintiff. Donald A. Daucher, Michael K. Lindsey, Paul Hastings Janofsky & Walker, Los Angeles, CA, for defendants. MEMORANDUM OF...
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ORDER Presently before the Court is a motion by the defendant, General Electric Company, to dismiss the claims of pro se plaintiffs, Kenneth R. Witkins and John R. Couillard and class plaintiffs Douglas DeRidder and Charles A. Volans.1 Defendant makes its motion pursuant to Federal Rules of Civil Procedure 37 and 41(b) and Local Rule 41.2(a) alleging that dismissal is warranted because these pla...
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ORDER RE: MOTION TO AMEND COMPLAINT This matter is before me on the plaintiffs Motion to Amend Complaint (the “Motion to Amend”), filed June 15, 2000. The defendants have filed an opposition. The Motion to Amend is GRANTED IN PART and DENIED IN PART. The Scheduling Order, as amended, established June 15, 2000, as the deadline by which the parties were required to file any motions for...
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MEMORANDUM OPINION AND ORDER Plaintiff Paul Valdez appeals Defendant’s final administrative decision denying him disability benefits. The issues are fully briefed and argued. Jurisdiction is proper under 42 U.S.C. § 405(g). For the reasons set forth below, I remand the Commissioner’s decision. I.Statement of the Case Mr. Valdez filed an application for disability benefits on Apr...
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104 F.Supp.2d 1112 (2000) HOG SLAT, INC., Plaintiff, v. Roger EBERT, Defendant. No. C99-3039 MWB. United States District Court, N.D. Iowa, Central Division. July 15, 2000. *1113 Angel A. West, Michael W. Thrall, Nyemaster, Goode, Voights, West, Hansell & O'Brien, P.C., Des Moines, IA, for Plaintiff. Timothy J. Walker, Danette L. Kennedy, Whitfield & Eddy, P.L.C., Des Moines, IA, for Defen...
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MEMORANDUM AND ORDER This order is issued to make rulings or record rulings on various pretrial motions following a hearing with evidence and argument. The court has previously issued an order denying defendant’s motion for discovery relating to selective prosecution. Defendant is facing a six-count superseding indictment. Count one alleges that defendant distributed crack cocaine on or abo...
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104 F. Supp. 2d 1294 (2000) Marcia BAGBY, et al., Plaintiffs, v. MERRILL LYNCH, PIERCE, FENNER & SMITH, INC., Defendant. No. 99-4011-RDR. United States District Court, D. Kansas. June 8, 2000. *1295 Timothy H. Girard, Grant M. Glenn, Bruce J. Woner, Woner, Glenn, Reeder & Girard, Topeka, KS, for Marcia Bagby, As Successor Trustee of the Sterling C. Klugg and Miriam R. Klugg Trust, Miriam ...
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MEMORANDUM AND ORDER Pending before the Court is the motion of Defendant Empire Blue Cross and Blue Shield (“Empire” or “Defendant”) to dismiss the Complaint for failure to state a claim for relief pursuant to Federal Rule of Civil Procedure (“Rule”) 12(b)(6). For the reasons that follow, the motion is granted in part and denied in part. BACKGROUND Plaintiff commenced employment...
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104 F.Supp.2d 740 (2000) GENCORP, INC., Plaintiff, v. AIU INSURANCE COMPANY, et al., Defendants. No. 5:95CV2464. United States District Court, N.D. Ohio, Eastern Division. June 2, 2000. *741 Thomas W. Ladd, Dennis P. Monaghan, McCarter & English, Newark, NJ, for GenCorp Inc., plaintiff. Margaret J. Orbon, Ann F. Frolik, Gordon K. Walton, Clausen Miller, Chicago, IL, Steven G. Janik, Janik &am...
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106 F.Supp.2d 944 (2000) UNITED STATES of America, Plaintiff, v. Jason Von RADFORD, Defendant. No. Crim.A. 99-50049. United States District Court, E.D. Michigan, Southern Division. July 17, 2000. *945 Richard J. Amberg, Jr., Waterford, MI, Kenneth R. Sasse, Flint, MI, David W. Wright, Bloomfield Hills, MI, for defendant. James C. Mitchell, U.S. Atty's Office, Bay City, MI, for U.S. OPINION AND O...
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ORDER Sonia Luz Lopez-Valdez, defendant in the above-entitled and numbered criminal action, moves to suppress statements and evidence. On Tuesday, May 23, 2000, a hearing was held on this motion. For the following reasons, the defendant’s motion shall be granted. Factual Findings The government presented the testimony of two witnesses, Border Patrol Agents James Prejean and Ignacio Perez. T...
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104 F. Supp. 2d 961 (2000) James E. KOENIG, Plaintiff, v. WASTE MANAGEMENT, INC. and Waste Management Holdings, Inc., Defendants. No. 99 C 1560. United States District Court, N.D. Illinois, Eastern Division. July 20, 2000. *962 *963 Sarah R. Wolff, Jonathan Stuart Quinn, Matthew John O'Hara, Sachnoff & Weaver, Ltd., Chicago, IL, for James E Koenig, plaintiff. Timothy Alan Nelsen, Donna L. McD...
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AMENDED MEMORANDUM & ORDER 1 INTRODUCTION Before the Court are defendant’s motions for partial summary judgment on the issue of claim construction and for summary judgment of non-infringement and plaintiffs cross-motion on the issue of infringement. The claim language is construed as set out below. Neither party is entitled to summary judgment at this time. ...
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OPINION AND ORDER Before the court is Donald McDonald’s petition for writ of habeas corpus under 28 U.S.C. § 2254. For the following reasons, the court denies the petition. I. BACKGROUND The court summarizes the relevant facts regarding McDonald’s conviction from the Illinois Appellate Court’s order affirming his conviction, which are presumed correct on habeas review. See...
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MEMORANDUM OPINION AND ORDER When this Court first received the judge’s copy of the Complaint filed by Pamela Bobbitt (“Bobbitt”) against her ex-employer Freeman Companies (“Freeman”) and a number of its individual employees, the Complaint’s effort to advance an employment discrimination claim sounded an obvious alarm in terms of timeliness: Bobbitt’s December 28, 1999 filing was the ...
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104 F.Supp.2d 984 (2000) Karl WILLIAMS, Plaintiff, v. Dr. PATEL, et al., Defendants. No. 96-1369. United States District Court, C.D. Illinois. July 17, 2000. *985 Kathleen T. Zellner, Douglas H. Johnson, Kathleen T. Zellner & Assoc, Naperville, IL, for Karl Williams, Sr., plaintiff. Ronald G. Stradt, Assistant Attorney General, Springfield, IL, for Dr. Patel, defendant. ORDER MIHM, District ...
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106 F. Supp. 2d 627 (2000) A.K. STAMPING CO., INC., Plaintiff, v. INSTRUMENT SPECIALTIES CO., INC. and Indravadan Patel, Defendants. No. Civ.A.98-5576(JAG). United States District Court, D. New Jersey. April 11, 2000. Opinion Denying Reconsideration July 19, 2000. *628 *629 *630 *631 Carmine A. Iannaccone, James P. Flynn, Sanford J. Hodes, Epstein, Becker & Green, P.C., Newark, NJ, for plaint...
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110 F.Supp.2d 295 (2000) Hector Samuel MARTINEZ DIAZ, Petitioner, v. Keith E. OLSEN, Warden, F.C.I. Fairton, Respondent. No. CIV. A. 00-980. United States District Court, D. New Jersey. July 19, 2000. *296 *297 Hector Samuel Martinez Diaz, Manchester, KY, pro se. Office of U.S. Attorney Robert J. Cleary by Paul A. Blaine, Assistant U.S. Attorney, Camden, NJ, for Respondent. OPINION IRENAS, Distr...
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OPINION This matter is before the Court on Jerry Lee Staley’s Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. Section 2254. On April 11, 2000, United States Magistrate Judge Timothy Greeley filed a Report recommending that the Petition be denied. On April 21, 2000, Staley filed Objections to that Report. For the reasons discussed below, the Court adopts in part, and rejects...
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OPINION This matter is before the Court on Appellant Steeltech, Limited’s (“Steeltech’s”) appeal of Appellee United States Environmental Protection Agency’s (“EPA’s”) Final Decision of August 26, 1999, which assessed a civil penalty in the amount of $61,736 under the Emergency Planning and Community Right-to-Know Act (“EP-CRA”), 42 U.S.C. §§ 11001-11050. For the reasons which follow, ...
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ORDER DENYING DEFENDANT’S MOTION TO DISQUALIFY PLAINTIFF’S COUNSEL Defendant’s Motion to Disqualify Plaintiffs Counsel came on regularly for hearing before this Court on June 26, 2000. Defendant asserts that Plaintiff’s counsel, Tatro Coffino Zeavin Bloomgarden LLP (“TCZB”), should be disqualified because (1) a TCZB associate, Arthur Friedman, obtained “privileged” information from Defend...
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OPINION AND ORDER Azaline Doyle seeks review of the decision of Administrative Law Judge (ALJ) Manuel Cofresi on March 11, 1997, adopted by the Appeals Council on November 23, 1998, that she is not entitled to Social Security disability insurance benefits from when she stopped working on November 6, 1995. The ALJ found that although Ms. Doyle suffered from a severe impairment that was tra...
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118 F. Supp. 2d 352 (2000) Lakisha REYNOLDS, Georgina Bonilla, April Smiley, Lue Garlick, Adriana Calabrese, Jenny Cuevas, and Elston Richards on their own behalf and on behalf of all others similarly situated, Plaintiffs, v. Rudolph GIULIANI, as Mayor of the City of New York; Jason Turner, as Commissioner of the New York City Human Resources Administration, Brian J. Wing, as Commissioner of the ...
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OPINION Pending before the Court are motions for summary judgment pursuant to Federal Rule of Civil Procedure (“Fed.R.Civ.P.”) 56 filed separately by defendants Cumberland County Department of Corrections (“Department”) and Stephan Kaftan (“Warden Kaftan”), and the remaining known defendants, Captain Trull, 1 Lieutenant Butler, Sergeant Frank Jones, Corrections Officer Vandel L...
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104 F. Supp. 2d 1130 (2000) Teresa L. MERCER, Plaintiff, v. CITY OF CEDAR RAPIDS and William J. Byrne, Defendant. No. C98-0143-MWB. United States District Court, N.D. Iowa, Cedar Rapids Division. July 19, 2000. *1131 *1132 *1133 Mark J. Seidl, Seidl & Chicchelly, Marion, IA, for Plaintiff. Mohammad H. Sheronick, City Attorney, Cedar Rapids, IA, for Defendants. MEMORANDUM OPINION AND ORDER RE...
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MEMORANDUM OPINION AND ORDER Plaintiff Machinery Movers, Riggers, and Machinery Erectors Union Local 136 (Local 136) seeks to enforce the award of a Labor Management Committee issued May 27, 1999, and GES Exposition Services (GES) seeks to vacate it. GES has moved for summary judgment. That motion is denied. GES is a trade show general contractor which provides services under contract with ...
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MEMORANDUM OPINION AND ORDER Plaintiff Marcos Medina alleges that on the night of September 21, 1999, he was accosted, physically attacked, and choked by two plain-clothes Chicago police officers while running from his car to return a videotape to a Blockbuster video store. He was searched and eventually released without being charged with a crime. Medina says he was later treated at a hospit...
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ORDER ON MOTION FOR SUMMARY JUDGMENT THIS CAUSE is before the Court upon Defendant’s Motion for Summary Judgment (DE 80) and was referred to Magistrate Judge Barry S. Seltzer pursuant to the consent of the parties. For the reasons set forth below, Defendant’s motion is' hereby GRANTED. I. BACKGROUND Plaintiff William E. Greene (“Greene”) brings this action against De...
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OPINION Plaintiff, Ruby J. Weber (“Plaintiff’), sued Defendants for breach of contract (constructive discharge), federal securities fraud, breach of fiduciary duty, fraudulent misrepresentation, fraudulent concealment, oppression of a minority shareholder, breach of contract (bad faith) and conspiracy. The sole basis for this Court’s jurisdiction is Count II, the alleged federal secur...
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MEMORANDUM RULING Before the Court are the following motions filed by Defendants: (1) Motion for Partial Summary Judgment (Doc. #25); (2) Motion for Summary Judgment on All Counts (Doc. #33); and (3) Motion for Summary Judgment on Multiple Counts (Doc. #40). For the following reasons, this Court finds Defendants’ motions must be GRANTED. I.FACTUAL BACKGROUND Plaintiff Ma...
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106 F. Supp. 2d 200 (2000) Hazel CALCAÑO LOPEZ, et al., Plaintiffs, v. Luis CANETTI MIRABAL, et al., Defendants. No. Civ. 97-2255 SEC JA. United States District Court, D. Puerto Rico. June 6, 2000. Joseph R. Alexander, Jr., Houston, TX, Heriberto Quinones-Echevarria, Cidra, PR, for plaintiff. Fernando E. Agrait-Betancourt, San Juan, PR, Pedro J. Cordova-Pelegrina, San Juan, PR, Jose L. Gonzalez-C...
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*106 ORDER ON DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT I. INTRODUCTION The plaintiffs, Gregory and Kathryn Harriman, a married couple who are farmers in Waldo County, Maine, have brought this lawsuit against the United States Department of Agriculture and its Farm Service Agency and Rural Economic and Community Development Administration (hereafter, collectively, “USDA”). The Harrimans claim...
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104 F. Supp. 2d 1123 (2000) Kimberly CRUMRINE, as Administrator of the Estate of Randy B. Crumrine, Deceased, Plaintiff, v. NEG MICON USA, INC., a Minnesota corporation, formerly known as Micon Wind Turbines US, Inc., and Robert L. Carr Co., a Minnesota Corporation, Defendants. No. C98-3046-MWB. United States District Court, N.D. Iowa, Central Division. July 17, 2000. *1124 Barry T. Bruner, Brune...
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*35 ORDER This matter comes before the Court upon United States Magistrate Claire V. Eagan’s Corrected Report and Recommendation filed June 12, 2000. In accordance with 28 U.S.C. § 636(b) and Fed.R.Civ.P. 72(b), any objections to the Corrected Report and Recommendation must be filed within ten (10) days of the receipt of the report. The time for filing objections to the Corrected Report and Rec...
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MEMORANDUM OPINION AND ORDER A federal jury convicted Mark Henderson of four counts, including counts of conspiring and attempting to commit drug offenses proscribed by 21 U.S.C. §841. As has been the typical practice in federal drug prosecutions, the indictment did not charge, nor did the jury find, an amount of drugs attributable to Henderson. This court concludes that a recent Supreme ...
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106 F. Supp. 2d 311 (2000) UNITED STATES of America, Plaintiff, v. [1] Hector Oscar ACOSTA MARTINEZ, [2] Joel Rivera Alejandro, Defendants. No. Crim.99-044 SEC. United States District Court, D. Puerto Rico. July 17, 2000. Guillermo Gil, U.S. Attorney, John R. Teakell, Assistant U.S. Attorney, District of P.R., San Juan, PR, for plaintiff. M. Cristina Gutierrez, Baltimore, MD, Hector A. Deliz, Hat...
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106 F. Supp. 2d 327 (2000) Wigberto FUENTES ORTIZ, Plaintiff, v. MENNONITE GENERAL HOSPITAL, et al., Defendants. No. CIV.A. 99-1536(PG). United States District Court, D. Puerto Rico. July 21, 2000. *328 *329 Gustavo A. Martinez-Tristani, San Juan, PR, for Wigberto Fuentes-Ortiz, plaintiffs. Angel R. De-Corral-Julia, De Corral & De Mier, San Juan, PR, for Mennonite General Hospital, Inc., ABC ...
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SENTENCING MEMORANDUM RE: MALCOLM DEDRICK, MICHAEL CURRY, AND DAMIEN PERRY TABLE OF CONTENTS I. BACKGROUND.113 II.DAMIEN PERRY: IS A BULLET LODGED IN THE DEFENDANT’S HEAD AN EXTRAORDINARY PHYSICAL CHARACTERISTIC WARRANTING A DEPARTURE? — AND OTHER ISSUES. K A. Background. k B. The Guideline Calculations. k tr* C. Quantity of Drugs. k Ci D. Bullet in His Brain. k I...
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MEMORANDUM OPINION AND ORDER Defendants obtained a mortgage loan from plaintiff, the proceeds to go largely to pay off two outstanding mortgages. They rescinded the transaction in apt time, pursuant to 15 U.S.C. § 1635(b), but, after the three days had run but before plaintiff received the rescission notice in the due course of mail, it disbursed the funds, $125,590.96, to satisfy those mortg...
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OPINION and ORDER Plaintiff Blanca Agosto (“Agosto”) filed this action pro se on October 14, 1998, seeking redress for alleged discrimination and retaliation by her union, defendant Correction Officers’ Benevolent Association (“COBA” or “Union”), in violation of Title VII of the CM Rights Act of 1964, 42 U.S.C. § 2000e et seq. (“Title VII”). Following this Court’...
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104 F.Supp.2d 1065 (2000) Euleeta L. WHITE, Plaintiff, v. MILWAUKEE WIRE PRODUCTS, Defendant. No. 00-C-135. United States District Court, E.D. Wisconsin. July 19, 2000. *1066 William E. McCarty, McCarty Lenz & Tolkan, Milwaukee, WI, for plaintiff. Fred G. Groiss, Quarles & Brady, Milwaukee, WI, for defendant. DECISION AND ORDER MYRON L. GORDON, District Judge. Plaintiff Euleeta White bro...
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MEMORANDUM-DECISION AND ORDER Plaintiff Gary Soshinsky brings suit against defendant First Unum Life Insurance Company for its alleged violations of Title III of the Americans with Disabilities Act of 1990 (“ADA”), 42 U.S.C. § 12101, et seq., and various pendent state laws. Though plaintiff concedes that he has been paid all the benefits to which he is due under his disability ...
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OPINION AND ORDER Plaintiff People for the Ethical Treatment of Animals, Inc. (“PETA”) requests a preliminary injunction compelling defendants to display a design that PETA submitted for inclusion in a public art exhibit known as the CowParade. This event began in New York City on June 15, 2000 and is scheduled to end on September 3, 2000. The CowParade artwork is currently on display in variou...
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104 F. Supp. 2d 390 (2000) JOINT STOCK SOCIETY, "Trade House of Descendants of Peter Smirnoff, Official Purveyor to the Imperial Court," and The Russian American Spirits Company, Plaintiffs, v. UDV NORTH AMERICA, INC., and Pierre Smirnoff Company, Defendants. No. Civ.A. 95-749-GMS. United States District Court, D. Delaware. July 11, 2000. *391 *392 *393 David L. Finger, Wilmington, Delaware, for ...
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MEMORANDUM OPINION In October 1999, as this case challenging conditions in the Alabama Mental Health and Mental Retardation System approached its 30th birthday, this court wrote with some optimism: “[I]t is apparent that this litigation is steadily progressing toward its final resolution. Contributing to these efforts, newly appointed Commissioner of Men *1236 tal Health...
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104 F. Supp. 2d 599 (2000) NORTH CAROLINA ALLIANCE FOR TRANSPORTATION REFORM, INC.; and Friends of Forsyth County, an unincorporated association; Plaintiffs, v. UNITED STATES DEPARTMENT OF TRANSPORTATION; Rodney E. Slater, Secretary of United States Department of Transportation; Federal Highway Administration; Kenneth R. Wykle, Administrator, Federal Highway Administration; Nicholas L. *600 Graf,...
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ORDER DENYING DEFENDANTS’ MOTION TO COMPEL ARBITRATION AND MOTION TO STAY ACTION PENDING ARBITRATION AND GRANTING PLAINTIFF’S MOTION TO REMAND COMPLAINT TO STATE COURT MEMORANDUM AND ORDER This matter comes before the Court upon the motion of Defendant K. Shimot-suma Associates, Inc. (“KSA”) seeking a stay of the instant case, pending the completion of arbitration, pursuant to 9 U.S....
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106 F. Supp. 2d 572 (2000) Amir FATIR, Petitioner, v. James THOMAS, and The Attorney General of the State of Delaware, Respondents. No. Civ.A. 97-79 GMS. United States District Court, D. Delaware. July 13, 2000. *573 *574 *575 Amir Fatir, petitioner pro se. Loren C. Meyers, Delaware Department of Justice, Wilmington, DE, for respondents. MEMORANDUM OPINION SLEET, District Judge. On December 24, ...
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ORDER ON CROSS-MOTIONS FOR SUMMARY JUDGMENT This matter comes before the Court on cross-motions for summary judgment filed by the plaintiffs and the government defendants on September 21, 1999. At issue is whether the United States Army Corps of Engineers, Robert M. Walker, Lt. Gen. Joe N. Ballard, or Col. Harry L. Spear (collectively the “COE” or the “COE and its officers”), in issui...
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104 F. Supp. 2d 1237 (2000) Kimberley LUM, nka Kimberly McNaughton, individually and ex rel United States of America, Plaintiff, v. VISION SERVICE PLAN, Queen's Health Care, and Alohacare, Defendants. No. CIV.97-00226 SOM/BMK. United States District Court, D. Hawai`i. June 26, 2000. Warren Price (argued), (Norma Titcomb, Robert Kohn, present, but did not argue), Price Okamoto Himeno & Lum, Ho...
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106 F. Supp. 2d 289 (2000) Nereida CANCEL DE RUGG, Plaintiff, v. Togo D. WEST, Jr., Secretary of the Army, et al., Defendants. No. Civ. 97-1594(JAF). United States District Court, D. Puerto Rico. July 10, 2000. *290 Johnny Rivera-Gonzalez, San Juan, PR, for plaintiff. Asst. U.S. Attorney Lilliam E. Mendoza-Toro, Guillermo Gil, U.S. Attorney, San Juan, PR, for defendant. OPINION AND ORDER FUSTE, ...
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104 F.Supp.2d 1255 (2000) Albert R. SALMAN, Plaintiff, v. Robert E. ROSE, Defendant. No. CV-N-00-0037-JLQ(PHA). United States District Court, D. Nevada. July 3, 2000. *1256 Albert R. Salman, Reno, NV, plaintiff pro se. David M. Patton, Deputy Attorney General, Carson City, NV, P. Mark Ghan, Asst. Attorney General, Carson City, NV, for defendants. MEMORANDUM OPINION AND ORDER GRANTING MOTION TO D...
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*385 MEMORANDUM AND ORDER REGARDING MOTION TO LEAVE TO SERVE GRAND JURY SUBPOENA ON THE ATTORNEY I. INTRODUCTION The background of this ease is somewhat complex due to recent developments in the law. On November 18, 1999, the Government moved for leave to serve a grand jury subpoena on an Attorney (unnamed to preserve confidentiality). The Attorney opposed this motion on the grounds that it viol...
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115 F.Supp.2d 35 (2000) UNITED STATES of America ex rel. Gareld J. KNEEPKINS, Plaintiff, v. GAMBRO HEALTHCARE, INC.; Dialysis Holdings, Inc.; and Transitional Hospitals Corporation, Inc., Defendants. No. Civ.A. 97-10400-GAO. United States District Court, D. Massachusetts. July 18, 2000. *36 *37 Susan G. Winkler, United States Attorney's Office, Boston, MA, for Plaintiff. Joshua T. Buchman, McDerm...
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MEMORANDUM AND ORDER This matter is before the Court upon Plaintiffs’ Motion to Remand All Removed Actions or, in the Alternative, to Sever and Remand or Dismiss Without Prejudice the Plaintiffs Who Purchased Only Non-Variable Life Insurance. For the following reasons, Plaintiffs’ Motion is denied in its entirety. BACKGROUND The consolidated case currently before the Court arise...
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106 F.Supp.2d 234 (2000) UNITED STATES of America, Plaintiff, v. Manuel A CABRERA-DIAZ and Esther Arbona, Defendants. No. Civ. 99-2416(JAF). United States District Court, D. Puerto Rico. June 23, 2000. *235 Asst. U.S. Attorney Jose M. Pizarro-Zayas, Guillermo Gil, United States Attorney, San Juan, PR, for plaintiff. OPINION AND ORDER FUSTE, District Judge. The United States filed this action und...
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106 F. Supp. 2d 888 (2000) Brenda (Cumberland) NOWELL, Plaintiff, v. CENTRAL SERVICE ASSOCIATION and Massachusetts Mutual Life Insurance Company, Defendants. No. 4:99CV180LN. United States District Court, S.D. Mississippi, Eastern Division. July 6, 2000. *889 *890 Scott A. Johnson, Law Offices of Scott A. Johnson, Philadelphia, MS, for Plaintiff. Stephen M. Corban, Mitchell, Voge, Beasley & C...
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104 F.Supp.2d 1262 (2000) Albert R. SALMAN, Plaintiff, v. STATE OF NEVADA COMMISSION ON JUDICIAL DISCIPLINE, et al., Defendants. No. CV-N-99-0659-JLQRAM. United States District Court, D. Nevada. July 5, 2000. *1263 Albert R. Salman, Reno, NV, plaintiff pro se. David M. Patton, Deputy Attorney General, Carson City, NV, P. Mark Ghan, Asst. Attorney General, Carson City, NV, for defendants. *1264 ...
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MEMORANDUM OPINION AND ORDER This cause is before the court on the motion of defendant Rack Room Shoes, Inc. (Rack Room) for judgment on the pleadings pursuant to Rule 12(c) of the Federal Rules of Civil Procedure or, in the alternative, for judgment as a matter of law pursuant to Rule 56. Plaintiff Brenda Jones has responded in opposition to the motion, and the court, having considered the m...
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MEMORANDUM OPINION AND ORDER This cause is before the court on the motion of defendant Janet Autry to substitute the United States of America as a defendant pursuant to the Federal Employees Liability Reform and Tort Compensation Act of 1988, 28 U.S.C. §§ 2675 and 2679, and to dismiss plaintiffs complaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. Plaintiff Brenda Jone...
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MEMORANDUM OF DECISION AND ORDER On July 3, 1999, Plaintiff Telebyte, Inc. (“Telebyte”) filed this action alleging that Defendant Kendaco, Inc. (“Kendaco”) was using the domain names “telebyte.com” and “telebyte.net” in violation of Telebyte’s trademark rights under the Lanham Act, 15 U.S.C. § 1125. Presently before this Court is Kendaco’s motion to dismiss the complaint for lack of perso...
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MEMORANDUM OPINION AND ORDER Plaintiffs A.D. Summers, Hazel Summers, Renee Summers and Alan Summers filed this action against the City of Raymond seeking damages, along with declaratory and injunctive relief, based on allegations that the City has violated their right to equal protection, as guaranteed them by the Fourteenth Amendment of the United States Constitution, by selectively ...
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MEMORANDUM OPINION AND ORDER This cause is before the court on the motion of defendant Syed Hussain d/b/a CPIC Net to dismiss for lack of personal jurisdiction and improper venue pursuant to Federal Rule of Civil Procedure 12(b)(2) and (3), respectively. Plaintiff McRae’s, Inc. has responded in opposition to the motion and the court, having considered the memoranda of authorities subm...
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*1124 MEMORANDUM DECISION AND ORDER RE PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT REGARDING APPLICATION OF CERCLA SECTION 127 I. INTRODUCTION Plaintiff, the State of California Department of Toxic Substances Control (“DTSC”), brings this motion for partial summary judgment that newly enacted CERCLA Section 127, the Superfund Recycling Equity Act (“the Act”), a r...
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MEMORANDUM-DECISION and ORDER I. INTRODUCTION Plaintiffs Joseph Canino (“plaintiff’) and his wife Julia Canino commenced this ac *23 tion for injuries allegedly incurred when plaintiff received a shipment of sixty monkeys in the course of his employment as a lab technician and subsequently contracted a disease known as Herpes B Simian Virus (“HBSV”). Plaintif...
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MEMORANDUM OF DECISION AND ORDER This case involves allegations by the Plaintiffs, the Economic Opportunity Commission of Nassau County (“EOC”), a nonprofit community action agency; CEDC, Inc., an economic development arm of the EOC; and John Kearse, CEO of EOC and CEDC, that the Defendants, the County of Nassau, the Village of Hempstead, the Hempstead Community Development Agency and var...
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OPINION Plaintiffs, Patricia Gayle Baron, Lisa Diaz, Laura Toole and Amos Han, filed separate wrongful discharge complaints against their former employer, the Port Authority of New York and New Jersey, and its Commissioners and Chief Officers, A. Paul Blanco, Richard Codd, Louis J. Lacapra, Kathleen Donovan, Charles Gar-gano, Lewis Eisenberg, James Hellmuth, Henry Henderson, Robert Janiszewsk...
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106 F.Supp.2d 414 (2000) Daryl BUTLER, Plaintiff, v. SOUTH GLENS FALLS CENTRAL SCHOOL DISTRICT; William Elder, Individually, and as President of the Board of Education of the South Glens Falls Central School District; James P. McCarthy, Individually, as Superintendent of the District and as 504 Compliance Officer; Richard Lamarche, Individually and as Junior High School Vice Principal, and Commit...
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MEMORANDUM OPINION AND ORDER This cause is before the court on the motion of plaintiff Ellie Mae Blakeley to remand pursuant to 28 U.S.C. § 1447. Defendants Amcore Consumer Finance Company, Inc. and Amcore Financial, Inc. (the Amcore defendants) 1 , joined by defendant Dow Electronics, 2 have responded in opposition to the motion. The court, having considered the...
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MEMORANDUM OPINION AND ORDER This cause is before the court on the motion of defendants Grand Housing, Inc. and Bombardier Capital, Inc. (Bombardier) to dismiss and compel arbitration. *564 Plaintiffs Ralph and Sonya Raesly have responded in opposition to the motion and the court, having considered the memoran-da of authorities, together with attachments, submitted by the...
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OPINION & ORDER These two related cases accuse defendant Common Ground Community HDFC, Inc. (hereinafter “defendant”) of violating the Fair Debt Collection Practices Act (the “FDCPA” or “the Act” or “the statute”), 15 U.S.C. § 1692 et seq., in its efforts to collect rent arrears from plaintiffs Chey Backuswalcott and Gary Rissman, who live at the Times Square Hotel (the “Ho...
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MEMORANDUM OPINION AND ORDER This cause is before the court on the motion of plaintiffs Leslie Greer and Beulah Greer to remand this case to the Circuit Court of Holmes County, Mississippi. Defendants Hurley State Bank and Interstate Engineering separately responded in opposition to plaintiffs’ motion. The court has considered the parties’ arguments on the motion in the light of the r...
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106 F.Supp.2d 540 (2000) LAKONIA MANAGEMENT LIMITED (formerly known as Montreux Investment Ltd.), Plaintiff, v. John W. MERIWETHER, Long-Term Capital V, Ltd., Long-Term Capital Portfolio Co., L.L.C., Long-Term Capital Management, L.P., Bankers Trust Corporation, Barclays PLC, The Chase Manhattan Corporation, Credit Suisse First Boston, Deutsche Bank AG, The Goldman Sachs Group, L.P., Lehman Broth...
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107 F.Supp.2d 715 (2000) JESCO CONSTRUCTION CORP. v. NATIONSBANK CORP., et al. No. Civ.A. 98-1657. United States District Court, E.D. Louisiana. July 18, 2000. *716 Edward F. Downing, III, Gauthier & Murphy, Metairie, LA, Wendell H. Gauthier, Gauthier, Downing, LaBarre, Beiser & Dean Metairie, LA, Jon A. Gegenheimer, Edward D. Markle, Markle & Associates, APLC, New Orleans, LA, for Je...
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112 F.Supp.2d 585 (2000) Dwayne BROWN v. Burl CAIN, Warden. No. CIV.A. 00-0243. United States District Court, E.D. Louisiana. July 18, 2000. Dwayne Brown, Angola, LA, pro se. ORDER AND REASONS BERRIGAN, District Judge. The Court previously ordered the State to produce Petitioner's State court record *586 and brief the issue of whether the doctrine of equitable tolling should apply in the instant...
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104 F. Supp. 2d 618 (2000) Marilyn YOUNGBLOOD, et al. v. Timothy BENDER, et al. No. Civ.A. 99-2010. United States District Court, E.D. Louisiana. July 18, 2000. D. Douglas Howard, Jr., Howard, Laudumiey, Mann, Reed & Hardy, New Orleans, LA, for Plaintiffs. Franz L. Zibilich, Martiny & Caracci, Metairie, LA, Michael Courtney Keller, Louisiana Dept. of Justice, New Orleans, LA, Gilbert R. B...
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ORDER This is an employment' discrimination case. The case was tried before a jury for two weeks. On May 5, 2000, the jury returned a verdict for the Plaintiffs. After the jury was discharged, the Court requested a conference with counsel prior to entry of judgment upon the verdict. The conference was held on May 16, 2000. The Court denied the Defendants’ motion to dismiss the claims for puni...
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89 F. Supp. 2d 1370 (2000) Mario L. YOUNG, Petitioner, v. Fred HEAD, Warden, Respondent. No. CIV. A. 1:99CV597TWT. United States District Court, N.D. Georgia, Atlanta Division. March 22, 2000. Mario L. Young, Sparta, GA, Pro se. Paula K. Smith, Mary Beth Westmoreland, Thurbert E. Baker, Herman Maddox Kilgore, Office of State Attorney General, Atlanta, GA, for Respondents. ORDER THRASH, District ...
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ORDER The above styled case is before this court on defendant Amwest Surety Insurance Company’s motion for remand [# 8]. FACTS On March 30, 1999, plaintiff Premier Holidays International, Inc. (“Premier”) and defendant Actrade Capital, Inc. (“Ac-trade”) entered into an agreement (“Buyer Acknowledgment”) pursuant to which defendant Actrade agreed to allow plaintiff Premie...
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107 F. Supp. 2d 841 (2000) In re JACKSON NATIONAL LIFE INSURANCE COMPANY PREMIUM LITIGATION No. MDL 1122. United States District Court, W.D. Michigan, Southern Division. July 5, 2000. *842 *843 *844 *845 Stephen L. Hubbard, Hubbard & Biederman, LLP, Dallas, TX, for plaintiff. Joel Feldman, Sachnoff & Weaver, Ltd., Chicago, IL, for defendant. OPINION OF THE COURT ON DEFENDANT JACKSON NATI...
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MEMORANDUM OF DECISION Before the Court is plaintiffs motion for an award of attorney’s fees, costs, and expenses pursuant to the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d). Defendant filed an opposition to the motion, and plaintiff filed a reply. Proceedings Plaintiff brought this action pursuant to 42 U.S.C. § 405(g) to obtain judicial review of a final decision...
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MEMORANDUM AND ORDER In its Memorandum and Order of May 9, 2000, this Court denied the motion in limine of defendant Ecolab, Inc. (“Eco-lab”) which sought to preclude plaintiff from calling three witnesses to testify at the trial. The following additional motions in limine are now pending before the Court: (1) The motion in limine of plaintiff Atk...
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106 F.Supp.2d 151 (2000) Michael INDELICATO, Petitioner, v. UNITED STATES of America, Respondent. No. Civ. 99-10408-PBS. United States District Court, D. Massachusetts. July 19, 2000. *152 Robert L. Sheketoff, Sheketoff & Homan, Boston, MA, for plaintiff. George W. Vien, United States Attorney's Office, Boston, MA, for defendant. MEMORANDUM AND ORDER SARIS, District Judge. INTRODUCTION In t...
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MEMORANDUM AND ORDER The government moves for an ex parte order pursuant to Rule 4.2, Comment 7 of the Massachusetts Rules of Professional Conduct permitting it to contact three employees of a corporation which is represented by counsel. The corporation, certain employees, and other corporations are under criminal investigation for making false claims, paying bribes, and accepting kickbacks in ...
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MEMORANDUM AND ORDER This matter is before the court on defendant’s Motion to Dismiss (Doc. 30). This motion pertains only to Count II of the plaintiffs amended complaint. Both parties have fully briefed this issue and the court is now ready to rule. I. BACKGROUND Prior to his termination in 1997, the plaintiff had been an Attorney III, classified civil service employee with...
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104 F. Supp. 2d 691 (2000) UNITED STATES of America, Plaintiff, v. INTERVEST CORPORATION and J. Stephen Nail, Defendants. No. 3;98-CV-531BN. United States District Court, S.D. Mississippi, Jackson Division. July 5, 2000. *692 J. Brad Pigott, U.S. Attorney's Office, Jackson, John A. Meynardie, U.S. Attorney's Office, Biloxi, MS, for United States of America, plaintiffs. Michael T. Dawkins, Baker, ...
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OPINION AND ORDER ON PLAINTIFF’S MOTION FOR RECONSIDERATION OF THIS COURT’S DECISION GRANTING ATTORNEY FEES (#245) I. Introduction On September 27, 1999, I issued a Memorandum and Order on defendant Advanced Vacuum Systems’1 Motion for Attorney Fees.2 In its motion, AVS had sought the fees on a number of grounds. The Court found that an award of fees was warranted under Rule 11, Fed.R.Civ.P.,...
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MEMORANDUM AND ORDER This matter is before the court on the Government’s Motion to Take Deposition, Pursuant to Federal Rule of Criminal Procedure 15(a) (Doe. 100); defendant’s Motion to Quash Subpoenas to Blackwell, Sanders, Peper, Martin, LLP (Doc. 99), Ex Parte Motion Requesting Pretrial Production of Insurance Documents Pursuant to Subpoenas (Doc. 110), and Ex Parte Motion Requesting Pretria...
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MEMORANDUM AND ORDER This matter is before the court on plaintiffs request 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., and supplemental security income benefits based on disability under Title XVI of the Act, 42 U.S.C. §§ 1381, et seq. The court has reviewed the administ...
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OPINION AND ORDER The plaintiff in this case sought review of a final decision by the Commissioner of Social Security denying her application for benefits. She now moves for fees and costs under the Equal Access to Justice Act, 28 U.S.C. § 2412(d), including charges associated with a motion for summary judgment that she filed after the Commissioner, admitting that the agency erred, mo...
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MEMORANDUM AND ORDER Defendant Rogosin Institute, Inc. (“Ro-gosin”) has moved for summary judgment against plaintiff Peggy Nugent (“Nugent”). Nugent sued Rogosin, her former employer, for terminating her employment in violation of the Americans with Disabilities Act (“ADA”), 42 U.S.C. §§ 1201 et seq., the New York State Human Rights Law (“NYSHRL”), N.Y. Exec. Law § 296 ...
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106 F. Supp. 2d 535 (2000) Albert M. GREENFIELD and Wendy M. Greenfield, Plaintiffs, v. Alan Robert SHAPIRO and Marion Greif, Defendants. No. 99 Civ.4853(WCC). United States District Court, S.D. New York. July 26, 2000. *536 Lowen K. Hankin, P.C., Rye Brook, New York, Lowen K. Hankin, of counsel, for plaintiffs. Law Offices of Richard I. Goldsand, Brewster, New York, Richard I. Goldsand, of couns...
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106 F.Supp.2d 1362 (2000) Jennifer L. JOHNSON, Plaintiff, v. BOARD OF REGENTS OF THE UNIVERSITY SYSTEM OF GEORGIA d/b/a University of Georgia, Defendant, and Antoine Hester, et al., Defendant-Intervenors. Aimee Bogrow and Molly Ann Beckenhauer, Plaintiffs, v. Board of Regents of the University System of Georgia d/b/a University of Georgia, Defendant, and Antoine Hester, et al., Defendant-Interven...
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MEMORANDUM OPINION AND ORDER Defendant, Pikeville United Methodist Hospital of Kentucky, Inc. (Hospital), has moved for summary judgment on the plaintiffs Emergency Medical Treatment and Active Labor Act (EMTALA) claim. Said Defendant has also moved to renew its motion for summary judgment on the common law malpractice claims against the Hospital [Record No. 28]. The plaintiff has responded t...
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OPINION AND ORDER INTRODUCTION Plaintiff, Tech Heads Inc. (“Tech Heads”), brings this action against defendant, Desktop Service Center, Inc. (“Desktop”), seeking monetary damages, injunc-tive, and declaratory relief regarding Desktop’s use of the service marks TEC-HEAD, TECH HEADS, and TECH-HEADS (collectively, the “Tech Heads marks”). Tech Heads alleges claims for trademark infr...
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MEMORANDUM AND ORDER Discovery sanctions should be imposed sparingly, but in the appropriate case they may be necessary to preserve the integrity of the pretrial process. This is such a case. In 1992, Michael Mathias and Bradley S. Jacobs, business associates in United Waste Systems Inc. (“United Waste”), had a falling-out. They attempted to resolve their differences with an agreement that Mr. ...
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MEMORANDUM AND ORDER Pending before the Court is Plaintiffs Motion to Compel Discovery (doc. 27). Plaintiff seeks to compel Defendant to answer Interrogatory 12 of Plaintiff EEOC’s First Interrogatories to Defendant.1 For the reasons stated below, Plaintiffs motion will be granted in part and denied in part. *679 Background, Plaintiff Equal Employment Opportunity Commission (“the EEOC”) bring...
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107 F.Supp.2d 1064 (2000) AMERICAN SIMMENTAL ASSOCIATION, a Montana Non-Profit Association, Plaintiff, v. COREGIS INSURANCE COMPANY, an Indiana Corporation, Defendant/Third Party Plaintiff, v. St. Paul Fire & Marine Insurance Company, a Minnesota Corporation, Defendant/Third Party Defendant. No. 4:98CV3327. United States District Court, D. Nebraska. July 25, 2000. *1065 *1066 *1067 R. Murray ...
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106 F. Supp. 2d 559 (2000) Troy WARREN, Plaintiff, v. WESTCHESTER COUNTY JAIL, C.O. Angel Casablanca, Corr. Officer Sergeant Orlando, Corr. Officer C.O. Pietrano, Badge 1133, Corr. Officer individually and in their official capacities, Defendants. No. 98 Civ. 7215(RWS). United States District Court, S.D. New York. July 28, 2000. *560 *561 Troy Warren, FCI Otisville, Otisville, NY, Plaintiff, pro ...
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MEMORANDUM AND ORDER The motion to dismiss filed by ConAgra, Inc. (ConAgra) raises a question of first impression. Does Neb.Rev.Stat.Ann. § 59-805 (Lexis 1995) apply only to contracts between competitors or does the statute also apply to contracts between a producer and a supplier? I will deny the motion to dismiss. A plain and ordinary reading of all the words of the statute prohibits both t...
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OPINION Plaintiff-Intervenor Stephenson Equity Company (“SECO”) moves for an order to compel non-party Swiss American Securities Inc. (“SASI”) to produce documents responsive to the January 26 and April 5, 2000 subpoenas duces tecum served upon SASI by SECO pursuant to Rule 45 of the Federal Rules of Civil Procedure. SASI opposes the motion. For the reasons set forth below, the motion will be d...
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MEMORANDUM AND ORDER Defendants/Appellants Joan Nurse Agard, Lynette Nurse, Rossel Simeon (the “Purchasers”) and Premier Mortgage Corporation d/b/a PMC Mortgage Co. (“PMC”) (collectively “defendants” or “appellants”) appeal from a judgment of the bankruptcy court dated July 30,1998 (Holland, J.), in favor of plaintiffirespondent Richard J. McCord, as the Chapter 7 Trustee (the “truste...
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ORDER On December 8, 1999, pro se Plaintiff Sara Pagan (“Plaintiff’ or “Pagan”) commenced this action pursuant to Social Security Act § 205(g), 42 U.S.C. § 405(g), seeking review of denial of disability benefits by the U.S. Commissioner of Social Security, Kenneth S. Apfel (“Commissioner”). On or about March 22, 2000, Defendant Commissioner moved for judgment on the pleadings pursuant to Fede...
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160 F. Supp. 2d 1009 (2000) WISCONSIN CENTRAL LTD., Plaintiff, v. THE CITY OF MARSHFIELD, Defendant. No. 99-C-0636-S. United States District Court, W.D. Wisconsin. February 10, 2000. *1010 James A. Fletcher, Fletcher & Sippel LLC, Chicago, IL, for Plaintiff. Frank Remington, Wisc. Dept. of Justice, Madison, WI, for Defendant. *1011 MEMORANDUM AND ORDER SHABAZ, District Judge. Plaintiff Wisc...
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OPINION AND ORDER Plaintiffs, Senior Assistant County Attorneys (“Senior ACAs”) of Westchester County, bring this action against defendant, Local 456, International Brotherhood of Teamsters, AFL — CIO (“Local 456” or the “Union”), pursuant to the United States and New York State Constitutions, and various state and federal labor laws. Defendant has moved for summary judgment, and plaintif...
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MEMORANDUM DECISION Before the Court is the motion of defendants Sony Music Entertainment Inc., Sony Songs, Inc., and Mariah Carey to dismiss the complaint pursuant to Fed.R.Civ.P. 41(b) and 37(b) and the Court’s inherent authority. For the reasons that follow, the motion is granted and the complaint is dismissed, with prejudice and with costs. Selletti’s “Motion for Relief from Orders,” filed ...
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107 F. Supp. 2d 703 (2000) UNITED STATES of America, v. Mark L. SIMONS, Defendant. No. CR-98-0375-A. United States District Court, E.D. Virginia, Alexandria Division. July 28, 2000. David Hackney, Assistant U.S. Attorney, Alexandria, VA, for plaintiff. Marvin D. Miller, Alexandria, VA, for defendant. MEMORANDUM OPINION CACHERIS, District Judge. In United States v. Simons, 206 F.3d 392 (4th Cir.2...
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106 F. Supp. 2d 860 (2000) HEATHMOUNT A.E. CORP., Plaintiff, v. TECHNODOME.COM, an Internet domain name, and Destinationtechnodome.Com, an Internet domain name, Defendants. No. CA-00-00714-A. United States District Court, E.D. Virginia, Alexandria Division. July 24, 2000. *861 Jordan S. Weinstein, Oblon, Spivak, McClelland, Maier & Neustadt, PC, Arlington, for plaintiff. MEMORANDUM OPINION C...
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MEMORANDUM OPINION AND FINAL ORDER The present matter comes before the court on plaintiffs’ motion for attorney’s fees, pursuant to the Americans with Disabilities Act, 42 U.S.C. § 12205, and the Rehabilitation Act of 1973, 29 U.S.C. § 794a(b). For the reasons set forth below, plaintiffs’ motion is GRANTED, and the Department for Rights of Virginians with Disabilities (“DRVD”), is her...
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106 F. Supp. 2d 1342 (2000) THYSSEN ELEVATOR COMPANY d/b/a Dover Elevator Company, Plaintiff, v. DRAYTON-BRYAN COMPANY, A Partnership, Defendant. No. 400CV002. United States District Court, S.D. Georgia, Savannah Division. June 30, 2000. *1343 *1344 A. Martin Kent, Kent, Thomas, Worsham & Smart, Savannah, GA, for Dover Elevator Co., plaintiff. Frank W. Seiler, D. Michael Conner, Bouhan, Willi...
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MEMORANDUM OPINION Before us is an appeal by the debtor, Anne T. Taylor, and her attorney, James P. Towarnicky, challenging the Bankruptcy Court’s denial of Towarnicky’s application for payment of post-petition attorney fees in the amount of $2,362.50 from the bankruptcy estate. The denial ■ stemmed from the court’s conclusion that, after an amendment by Congress in 1994, 11 *8...
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OPINION AND ORDER Pro se plaintiff Rahsaan Williams brings this action, pursuant to 42 U.S.C. § 1983, against officials and employees of the New York State Department of Correction Services (“DOCS”) at Sullivan Correctional Facility (“Sullivan”). 1 Plaintiff alleges that while he was incarcerated at Sullivan, defendants violated his constitutional rights under the Fourteent...
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MEMORANDUM DECISION AND ORDER Plaintiffs commenced this action pursuant to 42 U.S.C. § 1983, and the Administrative Procedure Act, 5 U.S.C. § 500, et seq., seeking a declaratory judgment that local, state and federal officials violated the cost reimbursement provision of the federal Medicaid program. See 42 U.S.C. § 1396(b)(m)(2), et seq. This Court, ...
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106 F. Supp. 2d 774 (2000) UNITED STATES of America, v. Jose RIOS, Defendant. No. CRIM. A. 99-641. United States District Court, E.D. Pennsylvania. July 28, 2000. *775 David E. Troyer, U.S. Atty's Office, Philadelphia, PA, for Plaintiff. Marc J. Frumer, Philadelphia, PA, for Defendant. MEMORANDUM & ORDER KATZ, Senior District Judge. Background On April 27, 1999, a Philadelphia police office...
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MEMORANDUM OPINION This is an appeal from an Order of the bankruptcy court granting partial summary judgment in favor of Associates Commercial Corporation and against Fernando Nestorio (“Debtor”) and, pursuant to 11 U.S.C. § 523(a)(6), excepting from discharge a judgment obtained by Associates against Debtor in the United States District Court for the District of Mary *53 ...
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106 F.Supp.2d 869 (2000) The CUSTOMER COMPANY, et al., Plaintiffs, v. E-COMMERCE TODAY, LTD., etc., Defendant. No. 2:00CV00054. United States District Court, W.D. Virginia, Big Stone Gap Division. June 14, 2000. Kenneth Callaway King, Jr., King & Higgs, P.C., Roanoke, VA, Dirk B. Foster, Townsend & Townsend & Crew, LLP., San Francisco, CA, for Plaintiffs. Carl E. McAfee, McAfee Law Fi...
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105 F.Supp.2d 907 (2000) Candace KARCZYNSKI, Plaintiff, v. SPECIALTY EQUIPMENT MANUFACTURING, INCORPORATED, Defendant. No. 99 C 4271. United States District Court, N.D. Illinois, Eastern Division. July 25, 2000. *908 Brian F. DeCook, Matteson, IL, for plaintiff. Philip Michael Fornaro, Dvorak, Edmonds & Sbertoli, Ltd., Westchester, IL, Bruce M. Rose, Law Office of Bruce Rose, Westchester, IL,...
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182 F.Supp.2d 1 (2000) Robert E. HEGGESTAD, Plaintiff, v. UNITED STATES DEPARTMENT OF JUSTICE, Defendant. Civ. No. 98-0053. United States District Court, District of Columbia. June 30, 2000. *2 *3 Robert Eldon Heggestad, Heggestad & Weiss, P.C., Washington, DC, pro se. Pat S. Genis, Melissa Anemojanis, U.S. Department of Justice, Tax Division, Washington, DC, for defendant. MEMORANDUM OPINIO...
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MEMORANDUM OPINION AND ORDER Plaintiff Scott Carlson (Carlson) injured his ankle one rainy night in August 1996 while working as a switchman for defendant Consolidated Rail Corporation (“Conrail” or “the railroad”) on property owned and controlled by defendant Bethlehem Steel Corporation (“Bethlehem Steel” or “the industry”). He filed this action under the Federal Employer’s Liability...
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MEMORANDUM OPINION AND ORDER Plaintiffs Gallagher Corporation (Gallagher), Richard J. Gallagher, Sr. (Richard) *891 and Mary I. Gallagher (Mary) (collectively “plaintiffs”) bring this action against defendant Massachusetts Mutual Life Insurance Company (Mass Mutual) alleging violations of the Employee Retirement Income Security Act (ERISA), 29 U.S.C. § 1001 et seq.,...
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MEMORANDUM OPINION AND ORDER This matter comes before the court on defendants OnLine Exchange, Inc.’s (“OnLine”) and Paul A. Schneider’s motion to dismiss for improper venue, or in the alternative, to transfer venue to the United States District Court for the Eastern District of Missouri. For the reasons outlined below, defendants’ motion to dismiss is DENIED, and motion to transfer i...
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109 F.Supp.2d 837 (2000) John K. LAFFERTY, et al., Plaintiffs, v. RELIANCE INSURANCE COMPANY, Defendant. No. C2-99-450. United States District Court, S.D. Ohio, Eastern Division. July 17, 2000. *838 John C. Nemeth, Columbus, OH, for plaintiffs. Steven G. Janik, Janik & Forbes, Cleveland, OH, for defendant. Timothy C. Ita, Sandra A. Clawson, Joseph H. Wantz, Sheila McKeon. MEMORANDUM OPINION ...
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ORDER DENYING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT AND MOTION TO DISMISS (EXCEPT IN LIMITED PART) INTRODUCTION The issue on defendants’ motions is whether the National Flood Insurance Program immunizes a “write-your-own” carrier from any and all state-law liability (apart from flood insurance payments) for wrongful acts in processing NFIP claims. This order holds that there is no ...
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107 F. Supp. 2d 647 (2000) The HOME INSURANCE COMPANY, Plaintiff, v. The LAW OFFICES OF JONATHAN DEYOUNG, P.C., et. al., Defendants. No. CIV. A. 97-1659. United States District Court, E.D. Pennsylvania. July 31, 2000. *648 Arthur W. Lefco, Victor M. Verbeke, Laura Reed, Cozen and O'Connor, Philadelphia, Pa, Victor M. Verbeke, Sherr, Joffe & Zuckerman, P.C., W. Conshohocken, PA, for plaintiff....
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106 F. Supp. 2d 778 (2000) Larry MORRIS, et al., Plaintiffs, v. Dan LENIHAN, et al., Defendants/Third-Party, Plaintiffs, v. Fred Niedrist, et al., Third-Party Defendants. No. CIV. A. 96-7590. United States District Court, E.D. Pennsylvania. July 28, 2000. Lee D. Rockafellow, Morrisville, PA, for plaintiffs. Robert G. Hanna, Jr., Harrisburg, PA, for defendants. MEMORANDUM LOWELL A. REED, Jr., Sen...
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107 F. Supp. 2d 82 (2000) The YANKEE CANDLE COMPANY, INC. v. The BRIDGEWATER CANDLE COMPANY, LLC. No. 98-30226-MAP. United States District Court, D. Massachusetts. July 27, 2000. *83 Mary R. Bonzagni, Law Offices of Donald S. Holland, Longmeadow, MA, Donald S. Holland, Holland & Bonzagni, P.C., Longmeadow, MA, Gregory L. Baker, Howrey Simon Arnold & White, Washington, DC, Colin Foley, How...
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OPINION AND ORDER Plaintiff Wale Oyekoya seeks the return of funds seized and forfeited by the United States Secret Service. Oyekoya contends that the Secret Service lacked probable cause to seize the funds and that he received inadequate notice of the forfeiture proceedings. The Government argues that it provided reasonable notice to Oye-koya, who opened the relevant bank accounts un...
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MEMORANDUM Now before the Court are the motions of the defendant, Consolidated Rail Corporation, to transfer the venue of this action to the Southern District of Indiana pursuant to 28 U.S.C. § 1404(a) (Document No. 9), and for partial summary judgment pursuant to Federal Rule of Civil Procedure 56(c). (Document No. 10) Upon consideration of defendant’s motions in omnibus fashion, the attachmen...
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MEMORANDUM OPINION AND ORDER Defendant-Appellant Dennis Carlson (the debtor) voluntarily filed a petition for bankruptcy relief under Chapter 11 on April 16, 1996. Two months later, he converted his bankruptcy petition to one for relief under Chapter 7, at which point plaintiff-appellee William Brandt, Jr. was appointed to serve as the Trustee in the case. Brandt filed a three-count adversary...
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101 F. Supp. 2d 384 (2000) B. Tyler HUNTINGTON, Plaintiff, v. Kenneth S. APFEL, Commissioner of the Social Security Administration, Defendant. Civil Action No. L-99-1354. United States District Court, D. Maryland. June 22, 2000. *385 Robert R. Jenkins, Jenkins, Block & Associates, Baltimore, MD, for plaintiff. Allen F. Loucks, Lynne A. Battaglia, Office of the United States Attorney, Baltimor...
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101 F. Supp. 2d 365 (2000) Catherine C. PERKINS, Plaintiff, v. Kenneth S. APFEL, Commissioner of the Social Security Administration, Defendant. No. CIV. DKC-99-1528. United States District Court, D. Maryland. June 12, 2000. *366 Stephen F. Shea, Willoner, Calabrese & Rosen, PA, College Park, MD, for Plaintiff. Allen F. Loucks, Office of the United States Attorney, Baltimore, MD, for Defendant...
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101 F. Supp. 2d 357 (2000) Donald PARSONS, Plaintiff, v. Kenneth S. APFEL, Commissioner of the Social Security Administration, Defendant. Civil No. CCB-99-1355. United States District Court, D. Maryland. June 6, 2000. *358 Robert R. Jenkins, Jenkins, Block & Associates, Baltimore, MD, for plaintiff. Lynn A. Battaglia, U.S. Atty., Baltimore, MD, Allen F. Loucks, Office of U.S. Atty, Baltimore,...
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107 F. Supp. 2d 1146 (2000) Mary ROE, Plaintiff, v. COUNTY OF LAKE et al., Defendants. No. C-99-4512-BZ. United States District Court, N.D. California. July 17, 2000. *1147 Richard J. Massa, Massa & Assoc., Lakeport, CA, for Mary Roe. Terence J Cassidy, Kristina M. Hall, Avery E. Dority, Porter Scott Weiberg & Delehant, Sacramento, CA, for County of Lake, Rodney Mitchell. Mark A. Jones, J...
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101 F. Supp. 2d 378 (2000) UNITED STATES of America v. TUG MARINE VENTURE (ex TRED), etc., et al. No. CCB-96-1090. United States District Court, D. Maryland. June 16, 2000. *379 Lynne A. Battaglia, U.S. Attorney, Baltimore, MD, Patricia A. Smith, Baltimore Police Dept., Office of Legal Affairs, Baltimore, MD, Frank Hunger, U.S. Department of Justice, Washington, DC, for Plaintiff. David W. Skeen,...
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*82 ORDER ON DEFENDANTS’ MOTION TO DISMISS The plaintiff Indian tribes assert federal subject matter jurisdiction in this case on two bases: general federal question jurisdiction, 28 U.S.C.A. § 1331 (West 1993), and the Indian jurisdictional statute added in 1966, 28 U.S.C.A. § 1362 (West 1993). I conclude that neither will support this federal lawsuit. BACKGROUND Three...
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MEMORANDUM OPINION AND ORDER This action arises out of a dispute between a licensor and ex-licensee over the use of former Major League Baseball pitcher Nolan Ryan’s name, likeness and signature in association with the sale of several products including stamps, coins, teddy bears, model trains and autographed items. Plaintiff Nolan Ryan brought this action under § 43(a) of the Lanham ...
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OPINION AND ORDER Pro Se petitioner Qabail Hizbullahank-hamon moves this Court, pursuant to 28 U.S.C. § 2254, for a writ of habeas corpus. Respondent has moved to dismiss, asserting that the petition is time-barred pursuant to 28 U.S.C. § 2244(d)(1), as clarified in Ross v. Artuz, 150 F.3d 97 (2d Cir.1998). For the reasons discussed below, the motion to dismiss is granted. I. Facts and Pr...
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106 F. Supp. 2d 737 (2000) MORTON INTERNATIONAL, INCORPORATED v. A.E. STALEY MANUFACTURING COMPANY, et al. Velsicol Chemical Corporation, et al. v. A.E. Staley Manufacturing Company, et al. Nos. 96-3609 KSH, 96-3610 KSH. United States District Court, D. New Jersey. July 19, 2000. *738 *739 *740 Samuel Moulthrop, Riker, Danzig, Scherer, Hyland & Perretti, LLP, Morristown, NJ, for Morton Intern...
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98 F.Supp.2d 1380 (2000) UPPER CHATTAHOOCHEE RIVERKEEPER FUND, et al., Plaintiff, v. The CITY OF ATLANTA, Defendant. The United States of America and The State of Georgia, Plaintiffs, v. The City of Atlanta, Defendant. Nos. Civ.A.1:95CV2550TWT, Civ.A.1:98CV1956TWT. United States District Court, N.D. Georgia, Atlanta Division. May 30, 2000. *1381 David H. Pope, Carr Tabb Pope & Freeman, Atlant...
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107 F. Supp. 2d 634 (2000) Jill M. GAUTNEY, Plaintiff, v. AMERIGAS PROPANE, INC., Defendant. No. CIV. A. 99-197. United States District Court, E.D. Pennsylvania. July 28, 2000. *635 *636 William T. Wilson, West Chester, PA, for Plaintiff. Brendan Sweeney, Philadelphia, PA, for Defendant. MEMORANDUM LOWELL A. REED, Jr., Senior District Judge. Plaintiff Jill M. Gautney ("Gautney") claims that defe...
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106 F. Supp. 2d 1051 (2000) ASSOCIATED AVIATION UNDERWRITERS, INC., a Delaware corporation, Plaintiff, v. VEGAS JET, L.L.C., a limited liability corporation; Larry Siggelkow, an individual; Eagle Jet Charter, Inc., a Nevada corporation; Eagle Canyon Airlines, Inc., a Nevada corporation; and Does 1 through 50 inclusive, Defendants. Vegas Jet, L.L.C., a limited liability corporation; Larry Siggelko...
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106 F. Supp. 2d 1132 (2000) MEDIAS & COMPANY, INC., a Colorado corporation, Plaintiff, v. TY, INC., a Delaware corporation, Defendant. and TY, Inc., a Delaware corporation, Counterclaimant, v. Medias & Company, Inc., a Colorado corporation, Counterdefendant. No. Civ.A. 99-D-1869. United States District Court, D. Colorado. July 28, 2000. *1133 *1134 Gayle L. Strong, Vinton, Nissler, Allen ...
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106 F. Supp. 2d 397 (2000) Mohammed SYED and Nusrat Syed, Plaintiffs, v. Denise HOUSEL, Defendants. No. 3:00-CV-0721 (EBB). United States District Court, D. Connecticut. July 20, 2000. *398 Murray J. Kessler, Harry Cohen, Cohen & Kessler, New Milford, CT, for Mohammed Syed, Nusrat Syed. A. Lawrence Leblanc, Cassidy, Miolene & Mazza, Fairfield, CT, for Denise Housel. RULING ON MOTION TO D...
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106 F. Supp. 2d 400 (2000) Anthony ADAMS, Plaintiff, v. GUTHY RENKER CORPORATION, Guthy Renker Television Network, Inc. and Time Warner Entertainment Company, L.P., Defendants. No. 3:98-CV-1045(EBB). United States District Court, D. Connecticut. July 21, 2000. *401 Anthony W. Adams, Trumbull, CT, pro se. Berthold H. Hoeniger, Bridgewater, CT, for Anthony W. Adams. Daniel Schwartz, Sarah Moore Fas...
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101 F. Supp. 2d 55 (2000) Jennifer L. RINGQUIST, Plaintiff, v. David GAUMOND and AIG Insurance Company, Defendants. No. Civ.A. 99-40150-NMG. United States District Court, D. Massachusetts. June 20, 2000. *56 James F. Scola, Glickman, Sugarman & Kneeland, Worcester, MA, for plaintiff. Rodney E. Gould, Robert C. Mueller, Rubin, Hay & Gould, Framingham, MA, for defendants. MEMORANDUM & ...
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106 F.Supp.2d 364 (2000) Joseph WALKER, Plaintiff v. State of CONNECTICUT, et al., Defendants. No. 3:98-CV-998 (EBB). United States District Court, D. Connecticut. July 7, 2000. *365 William B. Barnes, Rosenstein & Barnes, Fairfield, CT, for Joseph Walker. Michael J. Lanoue, Attorney General's Office, Hartford, CT, for State of Conn., Fairfield County Sheriff's Dept., William L. Mehlhorn, Ric...
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101 F. Supp. 2d 53 (2000) Harold L. BOWERS, d/b/a HLB Technology, Inc., Plaintiff, v. BAYSTATE TECHNOLOGIES, INC., Defendant. No. Civ.A. 91-40079-NMG. United States District Court, D. Massachusetts. June 20, 2000. *54 Louis M. Ciavarra, George B. Sanders, Jr., Bowditch & Dewey, Worcester, MA, Robert M. Asher, Lee C. Bromberg, Robert L. Kann, Julia Huston, Bromberg & Sunstein, Boston, MA, ...
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ORDER ON DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT Plaintiff Henry Holmes brought this action against defendants FSR/Tennessee Affordable Housing Foundation d/b/a Raleigh Woods Apartments (“FSR”), PMG Real Estate Management and Consulting (“PMG”), Boss Service and Supply, Inc. (“Boss”), and Sherman Hull alleging discriminatory treatment in violation of Title VII of the Civil Rights Act of 1...
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MEMORANDUM ORDER AND OPINION DISMISSING ACTION Before the court is Defendants’ Motion for Summary Judgment and Dismissal (Ct. Rec.34). The court held a hearing on this motion on July 13, 2000. Plaintiff was represented by Bryce Wilcox and Robert *1154 Van Siclen. Defendants were represented by Fred Rivera. I.Facts This case concerns a dispute over tax liability for ...
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ORDER ON DEFENDANT’S MOTION TO STAY FOR ARBITRATION In this lawsuit plaintiff Southern Systems Incorporated (“SSI”), a subcontractor of defendant Torrid Oven Limited (“Torrid”), sued Torrid claiming that it was not paid for certain work that it performed on a conveyor system. Torrid counterclaimed asserting that SSI failed to properly perform the work on the convey- or system and that Tor...
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ORDER DENYING MOTION TO DISQUALIFY PERKINS COIE LLP Before the court is Plaintiffs Motion to Disqualify Perkins Coie (Ct.Rec.48(219), Ct. Rec. 45(244), Ct. Ree. 53(248)), which has been filed in all three cases listed above. The court held a hearing on this motion on June 28, 2000, before Judge Quackenbush. Judge Shea has reviewed the transcript of the hearing, and now joins Judge Quacken-bush in...
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ORDER BE IT REMEMBERED that on the 12th of May 2000, the Court held a hearing in the above-styled cause at which the parties appeared by representation of counsel and presented argument on the Plaintiffs’ Motion for Partial Summary Judgment of Literal Infringement on the ’553 Patent [# 69] and the Defendant’s Motion for Summary Judgment of Nonin-fringement on Both Patents [# 75]. The Court no...
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ORDER This cause comes before the Court on the United States of America’s appeal from the United States Bankruptcy Court’s Order on Remand entered January 27, 2000. (B.C. Dkt. 79). Briefs have been filed by both parties, and appellant has also filed a Reply Brief. (B.C. Dkt. 5,6 & 7). I. Background In 1982, appellee Frank P. Macagnone (“Macagnone”) formed American Management and Development Com...
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106 F. Supp. 2d 1304 (2000) Jaswant S. PANNU and Jaswant S. Pannu, M.D., P.A., Plaintiff, v. STORZ INSTRUMENTS, INC., Defendant. No. 977083-CIV. United States District Court, S.D. Florida. July 10, 2000. Edward W. Remus, Jonathan R. Sick, McAndrews, Held & Malloy, Ltd., Chicago, IL, Peter Prieto, Holland & Knight LLP, Miami, FL, Craig E. Larson, of counsel, Bausch & Lomb, Rochester, N...
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98 F. Supp. 2d 1182 (2000) Roosevelt CLARK, Plaintiff, v. Kenneth S. APFEL, Commissioner, Social Security Administration, Defendant. No. Civ. 98-1394-TC. United States District Court, D. Oregon. April 28, 2000. *1183 Alan S Graf, Swanson Thomas & Coon, Portland, OR, for Roosevelt Clark, plaintiff. William W Youngman, U.S. Attorneys Office, Portland, OR, Lucille G Meis, Javes Myung, Social Sec...
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MEMORANDUM OPINION AND AMENDED ORDER In 1995, relator Patrick Wilkins, a former chief operating officer of a subcontractor to a drilling contract with the Army Corps of Engineers, filed this suit under the qui tarn provisions of the False Claims Act, 31 U.S.C. §§ 3729-3730. Wil*504kins filed suit under seal- so that the United States government could investigate his ■allegations and determine-whe...
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ORDER ADOPTING AND APPROVING REPORT OF SPECIAL MASTER REGARDING CLAIM CONSTRUCTION OF U.S. PATENT NUMBER 5,633,927 I. INTRODUCTION In the present suit, Plaintiff Macrovision Corp. (“Macrovision”) has asserted U.S. Patent No. 5,633,927 (“the ’927 patent”) against Defendant Dwight Cavendish Developments, Inc. (“Dwight Cavendish”). The parties did not agree upon the scope of the patent ...
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109 F. Supp. 2d 22 (2000) NOVELL, INC., et al., Plaintiffs, v. UNITED STATES of America, et al., Defendants. No. CIV. 00-1400(EGS). United States District Court, District of Columbia. July 26, 2000. David M. Nadler, Dickstein, Shapiro, Morin & Oshinsky, Washington, DC. David Smorodin, Assistant United States Attorney, Washington, DC. Thomas P. Humphrey, Crowell & Moring, Washington, DC. ...
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MEMORANDUM OF DECISION AND ORDER Presently before the Court are several motions to suppress recorded conversations gathered by the Government under the authority of an Order Authorizing the Interception of Wire Communications (“the Order”) (Exhibit 1C). The Order was issued pursuant to Title III of the Omnibus Crime Control and Safe Streets Act of 1968, 18 U.S.C. §§ 2510 et seq. (“Title III”)...
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107 F.Supp.2d 477 (2000) GLAXO WELLCOME INC., Plaintiff, v. GENENTECH, INC., Defendant. No. CIV.A.99-335-RRM. United States District Court, D. Delaware. July 28, 2000. *478 James M. Mulligan, Jr., Connolly Bove Lodge & Hutz, LLP, Wilmington, DE, Stephen B. Judlowe, Brian P. Murphy, Robert G. Gibbons, Jason A. Lief, Richard J. McCormick, Hopgood, Calimafde, Kalil & Judlowe, LLP, New York C...
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MEMORANDUM The plaintiff, Alvin Russell, is the owner and operator of the Boobie Bungalow, an adult entertainment establishment in Elk-ton City, Giles County, Tennessee. The plaintiff has possessed a beer permit for the Boobie Bungalow from the Elkton City beer board for approximately 22 years and has been under the regulation of the Elk-ton City beer board. Since 1997, the entertainment at t...
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MEMORANDUM OF DECISION AND ORDER Presently before the Court is a Motion to Dismiss or in the Aternative for Summary Judgment (“Motion to Dismiss”) (Docket No. 4) by Defendant BFE, Inc. This products liability action arises out of injuries Plaintiff suffered while operating a street-sweeping device. This action was originally brought in the Maine Superior Court. Bob Fisher Enterprises, Inc...
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107 F.Supp.2d 29 (2000) UNITED STATES of America, v. Robert HITT, Defendant. No. CRIM 99-0353 PLF. United States District Court, District of Columbia. July 14, 2000. *30 Lisa A. Prager, Asst. U.S. Atty., Washington, DC, for U.S. Dan Marmalefsky, Morrison & Foerster, LLP, Los Angeles, CA, Eric J. Acker, Morrison & Foerster, LLP, San Diego, CA, for Defendant. OPINION PAUL L. FRIEDMAN, Dist...
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106 F.Supp.2d 15 (2000) SHELL OIL COMPANY, et al., Plaintiffs, v. U.S. DEPARTMENT OF LABOR, et al., Defendants. Civil Action No. 97-1205 (PLF). United States District Court, District of Columbia. July 12, 2000. *16 Francis Edwin Froelich, Washington, DC, for Plaintiffs. Marina Utgoff Braswell, U.S. Attorney's Office, Washington, DC, Kimberly Brown, Powers, Pyles, Sutter & Verville, P.C., Wash...
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MEMORANDUM-DECISION and ORDER I. INTRODUCTION Plaintiff LTA Group, Inc. (“plaintiff’) contracted for the shipment of goods which became damaged while being transported in interstate commerce. Plaintiff initially filed two separate actions which were formally consolidated into the instant lawsuit. Plaintiff fi 1 ;d the first action against defendant Consolidated...
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ORDER On July 10, 2000, Defendant Frank Garner, Jr. filed a motion to suppress [Doc. 19]. In this case, the United States charges Garner with possession with intent to distribute 6,992.8 grams of cocaine. Defendant Garner now seeks to suppress property seized during his detention by law enforcement authorities on May 16, 2000, as well as statements made during his detention. For the reaso...
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ORDER AND REASONS IT IS HEREBY ORDERED that Tennessee Gas Pipeline Company’s motion for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure is GRANTED. (Document # 7.) I. BACKGROUND Cheramie Johnson alleges that she was injured on May 24, 1999, when she lifted and moved boxes of frozen waste aboard the fixed platform known as Compressor Station 523A. Johnson was w...
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98 F. Supp. 2d 1186 (2000) Thomas J. FLYNN, and Cheryl L. Rodgers, on behalf of themselves and on behalf of all others similarly situated, Plaintiffs, v. BURLINGTON NORTHERN SANTA FE CORPORATION [BNSF], aka/dba Burlington Northern and Santa Fe Railway Company, Defendants. No. CS-00-0071-WFN. United States District Court, E.D. Washington. May 2, 2000. *1187 Jeffrey Roger Bunch, Spokane, WA, for pl...
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101 F. Supp. 2d 347 (2000) Ricardo Antonio WELCH, Jr. v. Janet RENO, et al. Civil No. CCB-99-2801. United States District Court, D. Maryland. June 6, 2000. *348 Mary Ellen Fleck, Todd M. Stenerson, Akin, Gump, Strauss, Hauer & Feld, LLP, Washington, DC, for petitioner. George W. Maugans, Special Asst. U.S. Atty., U.S. I.N.S., Baltimore, MD, for Respondents. MEMORANDUM BLAKE, District Judge. ...
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Opinion and Order I. Introduction Cynthia Szwast, on behalf of herself and as Next Friend to her two minor children, Matthew and Amber Szwast (collectively the plaintiffs), sued Carlton Apartments and its owner, Kratt & Associates (collectively the defendants) for a violation of the Fair Housing Act’s prohibition against discrimination based on familial status in the rental of ho...
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106 F.Supp.2d 1269 (2000) Gloria NICHOLSON, Plaintiff, v. NATIONAL ACCOUNTS, INC., Blue Cross and Blue Shield of New Jersey, Inc., and Blue Cross and Blue Shield of Alabama, Defendants. No. Civ.A. 00-0648-RV-L. United States District Court, S.D. Alabama, Southern Division. July 26, 2000. *1270 Joseph D. Thetford, Thetford & Thetford, Mobile, AL, for Gloria J. Nicholson, plaintiff. Ray M. Thom...
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106 F. Supp. 2d 1287 (2000) SEA LEGS MARINA, INC. Plaintiff, v. Richard SAYRE, Individually and M/V Elenor, Defendants. No. 97-6191-CIV. United States District Court, S.D. Florida. February 24, 2000. *1288 Kurt S. Hilberth, Hollywood, FL, for plaintiff. James W. Stroup, Fort Lauderdale, FL, for defendant. ORDER ROETTGER, District Judge. Defendant filed a motion to quash asserting lack of jurisdi...
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107 F.Supp.2d 974 (2000) Ralph E. IRWIN, Plaintiff, v. MARQUETTE MEDICAL SYSTEMS, INC., Defendant. No. C-1-98-261. United States District Court, S.D. Ohio, Western Division. July 20, 2000. *975 *976 Randolph Harry Freking, Freking & Betz, Cincinnati, OH, for Ralph Irwin, plaintiff. Scott A. Carroll, Vorys Sater Seymour & Pease, Cincinnati, OH, Mark E. Toth, Brenda S Kasper, Eric E. Hobbs,...
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109 F. Supp. 2d 970 (2000) UNITED STATES of America, Plaintiff, v. Michael R. MARTIN and Ronald D. Lowder, Defendants. No. 96-30036. United States District Court, C.D. Illinois, Springfield Division. July 28, 2000. *971 Patrick J. Chesley, Rodger A. Heaton, Springfield, IL, for plaintiff. Ronald Menaker, Patrick A. Tuite, Chicago, IL, D. Peter Wise, Springfield, IL, for defendants. OPINION RICHA...
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101 F. Supp. 2d 720 (2000) 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. April 18, 2000. *721 Alan N. Shovers, Kahn Dees Donovan & Kahn, Evansville, IN, for plaintiff. Maurice J. McSweeney, Foley & Lardner, Milwaukee, WI, Ross E. Rudolph, Mattingly Rudolph Fine &a...
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106 F. Supp. 2d 1034 (2000) SERVCO PACIFIC INC., a Hawaii corporation, Plaintiff, v. Walter DODS, Jr., et al., Defendants. No. 98-00272 SPK. United States District Court, D. Hawai`i. July 12, 2000. *1035 Paul Alston, Bruce H. Wakuzawa, Lea Hong, Alston Hunt Floyd & Ing, Honolulu, HI, for plaintiff. Bert T. Kobayashi, Nathan H. Yoshimoto, Kobayashi Sugita & Goda, Honolulu, HI, for defendan...
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MEMORANDUM OPINION AND ORDER Plaintiffs and Defendant cross-move for summary judgment pursuant to Rule 56. The motions are adequately briefed and oral argument would not aid their resolution. For the reasons set forth below, I grant Defendant’s motion, and deny Plaintiffs’ motion. Jurisdiction exists under 28 U.S.C. § 1332, and it is undisputed that Colorado law governs this case. ' ...
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113 F.Supp.2d 830 (2000) COMMODITY FUTURES TRADING COMMISSION, Plaintiff, v. IBS, INC. (A North Carolina Corp.), et al., Defendants, International Bullion Services (Bahamas), Inc. (A Bahamas Corp.), et al., Relief Defendants. No. Civ. 3:00CV103-V. United States District Court, W.D. North Carolina, Charlotte Division. June 20, 2000. *831 *832 Daniel R. Salsburg, Joseph Konizeski Lawrence H. Norton...
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106 F. Supp. 2d 1066 (2000) GREENPEACE, American Oceans Campaign, and Sierra Club, Plaintiffs, v. NATIONAL MARINE FISHERIES SERVICE, and William M. Daley, in his official capacity as Secretary of the Department of Commerce, Defendants, At-Sea Processors Association, United Catcher Boats, Aleutians East Borough, and Westward Seafoods, Inc., et al., Intervenor-Defendants. No. C98-492Z. United State...
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*41 MEMORANDUM AND ORDER I. SUMMARY The defendant Stephen Flemmi has moved to dismiss this case because, he alleges, after the return of the Second Superceding Indictment the government improperly used the grand jury to investigate the Racketeer Influenced Corrupt Organization (“RICO”) crimes with which he had already been charged. 1 Alternatively, Fle...
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106 F.Supp.2d 1049 (2000) UNITED STATES of America, Plaintiff, v. Julian C. SMITH, Jr., Defendant. No. CR-N-00-012-DWH(VPC). United States District Court, D. Nevada. March 14, 2000. Kathryn E. Landreth, United States Attorney, Kristal A. Marlow, Assistant United States Attorney, Reno, NV, for plaintiff. Julian C. Smith, Jr., Smith and Harmer, Ltd., Carson City, NV, for defendant. ORDER HAGEN, Di...
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111 F. Supp. 2d 851 (2000) M. Russell GREGORY and Kay K. Gregory, Plaintiffs, v. UNITED STATES of America, Defendant. No. Civ.A. H-98-3565. United States District Court, S.D. Texas, Houston Division. June 22, 2000. *852 Walter B. Thurmond, Allie and Thurmond, Houston, TX, Charles B. Koerth, Houston, TX, for M. Russell Gregory, plaintiff. Cynthia A. Vance, Department of Justice, Tax Division, Dall...
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107 F.Supp.2d 512 (2000) Luis A. SANTIAGO, Plaintiff, v. CITY OF VINELAND, et al., Defendants. No. 97-5110. United States District Court, D. New Jersey. August 2, 2000. *513 *514 *515 *516 *517 *518 F. Michael Daily, Jr., Quinlan, Dunne & Daily, P.A., Merchantville, NJ, for Plaintiff, Luis A. Santiago. Lars S. Hyberg, McAllister, Hyberg & White, P.C. Executive Plaza-Suite, Northfield, NJ,...
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106 F.Supp.2d 595 (2000) IPPV ENTERPRISES, LLC, and MAAST, Inc., Plaintiffs, v. ECHOSTAR COMMUNICATIONS CORP.; Nagravision, S.A.; and Nagrastar, L.L.C., Defendants, and Irdeto BV, Non-Party. No. Civ.A. 99-577-RRM. United States District Court, D. Delaware. July 28, 2000. *596 James D. Heisman, Connolly, Bove, Lodge & Hutz LLP, Wilmington, DE, Frederick G. Michaud, Jr., David M. Schlitz, S. Ll...
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MEMORANDUM AND ORDER I. INTRODUCTION This case springs from the cleanup of contaminated drinking water wells in Na-tick, Massachusetts. The Department of Environmental Protection of the Commonwealth of Massachusetts (“the Commonwealth”), the appellee, seeks to perfect an environmental superlien against the contaminated property of appellant, 229 Main Street Limited Partnership, for t...
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106 F. Supp. 2d 445 (2000) COMMACK SELF-SERVICE KOSHER MEATS, INC., d/b/a Commack Kosher, Brian Yarmeisch and Jeffrey Yarmeisch, Plaintiffs, v. Rabbi Schulem RUBIN, as Director of the Kosher Law Enforcement Division of the New York State Department of Agriculture and Markets, Defendant, and Hon. Sheldon Silver, the Union of Orthodox Jewish Congregations of America, Abe Alper, Jon Greenfield, Jack...
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OPINION Plaintiffs, pursuant to Rule 23 of the Federal Rules of Civil Procedure, move for an order certifying this case as a class action. For the reasons set forth herein, the Court will certify the proposed class for the periods of June 24 — September 24,1993 and June 24, 1994 — June 15, 1996. This action arises out of the alleged manipulation of prices of copper futures contracts traded on t...
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106 F. Supp. 2d 181 (2000) EXECUTIVE RISK SPECIALTY INSURANCE COMPANY, Plaintiff v. LEXINGTON INSURANCE COMPANY, Defendant. No. CIV. A. 98-12493-RCL. United States District Court, D. Massachusetts. July 27, 2000. *182 Mark A. Rosen, Applegate, Valauskas & Rosen, Boston, MA, Lewis K. Loss, Jeffrey J. Ward, Ross, Dixon & Bell, L.L.P., Washington, DC, for Executive Risk Specialty Insurance C...
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*430 MEMORANDUM AND ORDER Defendant Howard S. Slatkin, Inc., moves to dismiss this action for lack of in personam jurisdiction pursuant to Fed. R.Civ.P. 12(b)(2). Plaintiffs request that if the Court determines that it does not have personal jurisdiction over the Defendant that the Court, in the proper exercise of its discretion and in the interests of justice, transfer this acti...
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106 F. Supp. 2d 1028 (2000) STATE FARM FIRE & CASUALTY COMPANY, Plaintiff, v. Ildefonso P. GOROSPE, Jr., Individually and as Special Administrator of the Estate of Ildefonso P. Gorospe, Sr., Deceased, and Marissa Baligad, Defendants. No. 99-00550 SOM. United States District Court, D. Hawai`i. July 11, 2000. Michael N. Tanoue, The Pacific Law Group, Honolulu, HI, for Plaintiff. Guy Sibilla, Si...
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131 F. Supp. 2d 1076 (2000) UNITED STATES of America, Plaintiff v. Jack JEPSEN, Kris Jepsen, Karen Jepsen Makutenas, First Federal Savings & Loan of Harrison, Arkansas Department of Finance & Administration, and Baxter County Assessor, Defendants. No. CIV. 98-3066. United States District Court, W.D. Arkansas, Harrison Division. May 17, 2000. *1077 *1078 Andrew T. Pribe, U.S. Dept. of Just...
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110 F.Supp.2d 774 (2000) NORWEST BANK, N.A., Plaintiff, v. FEDERAL KEMPER LIFE INSURANCE COMPANY, Defendant. No. 1:99-CV-386. United States District Court, N.D. Indiana, Fort Wayne Division. July 26, 2000. *775 *776 Leonard Eilbacher, Eilbacher Scott Inc, Fort Wayne, IN, for Leonard Eilbacher, mediator. Daniel G McNamara, Rothberg and Logan, Fort Wayne, IN, for Norwest Bank of Indiana NA, plainti...
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110 F.Supp.2d 899 (2000) PRAEFKE AUTO ELECTRIC & BATTERY CO., INC. d/b/a Praefke Aircooled Engines, Plaintiff, v. TECUMSEH PRODUCTS CO., Defendant. No. 99-C-0830. United States District Court, E.D. Wisconsin. July 18, 2000. *900 *901 James Snodgrass, Brookfield, WI, Irving Zerbel, Scottsdale, AZ, for Plaintiff. James W. Mohr, Jr., Hartford, WI, Larry J. Saylor, Detroit, MI, for Defendant. *...
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107 F. Supp. 2d 653 (2000) BELL ATLANTIC-PENNSYLVANIA, INC., Plaintiff, v. The PENNSYLVANIA PUBLIC UTILITY COMMISSION, et al., Defendants. No. CIV. A. 99-5391. United States District Court, E.D. Pennsylvania. August 3, 2000. *654 Henry F. Siedzikowski, John M. Elliott, Elliott, Rihner, Siedzikowsky and Egan, P.C., Blue Bell, PA, Samuel L. Feder, Geoffrey M. Klineberg, Mark L. Evans, Kellogg Huber...
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109 F.Supp.2d 505 (2000) Herbert THEUNISSEN, Jr., Plaintiff, v. GSI GROUP, Previously Known as Grain Systems, Inc., Defendant. Civil Action No. 4:98cv212-D-A United States District Court, N.D. Mississippi, Greenville Division. July 10, 2000. *506 *507 John H. Daniels, III, Dyer, Dyer, Dyer & Jones, Greenville, MS, for Plaintiff. Edwin William Tindall, Lake Tindall, LLP, Greenville, MS, for De...
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107 F. Supp. 2d 744 (2000) Wilma STOUT, Plaintiff, v. BAXTER HEALTHCARE CORPORATION, Defendant. No. 4:99CV129-EMB. United States District Court, N.D. Mississippi, Greenville Division. July 14, 2000. *745 Ellis Turnage, Cleveland, MS, for Wilma Nicole Stout. Paula Graves Ardelean, Butler, Snow, O'Mara, Stevens & Cannada, Jackson, MS, for Baxter Healthcare Corp. OPINION BOGEN, United States Ma...
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OPINION Before the court are the motions of Defendant Trustmark National Bank to dismiss or, alternatively, for a more definite statement, and of Defendant Econ-O-Check for dismissal pursuant to Rules 12(b)(4) and 12(b)(5) of the Federal Rules of Civil Procedure. Upon due consideration, the court finds that Defendant Trustmark’s motion should be granted and Defendant Econ-O-Check’s motion should...
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MEMORANDUM ORDER Plaintiffs having consented in open court to the dismissal of their breach of contract and wrongful termination claims, see transcript of oral argument, 7/12/00 (“tr.”), there remains for discussion only plaintiffs’ statutory claim under § 55-c of New York’s Alcoholic Beverage Control Law, N.Y. Alcoholic Beverage Control Law § 55-c (McKinney 2000), as to which both sides ...
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ORDER DENYING DEFENDANTS’ MOTION TO DISMISS AND MOTION TO STRIKE I. Introduction This matter comes before the Court on Defendants’ motion to dismiss pursuant to *958 Federal Rule of Civil Procedure 12(b)(6) and motion to strike pursuant to Federal Rule of Civil Procedure 12(f). Based on the materials and oral argument submitted by the parties, it appears that Plaintiffs’...
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MEMORANDUM OPINION Patricia Cornwell, a world renowned author of crime novels, filed this action against local author Leslie Raymond Sachs, asserting claims of defamation and violations of the Lanham Act, 15 U.S.C. § 1125(a) and Virginia’s privacy statute, Va.Code Ann. § 8.01-40. Cornwell simultaneously moved for a preliminary injunction to restrain Sachs from the unauthorized use of her ...
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106 F. Supp. 2d 1262 (2000) Randall GOMER, By and Through his next friend, Vera GOMER, Ruth S. Harris, by and through her next friend, Lois Bailey, Delma L. Payton, by and through her next friend, Savannah C. Creel, Joshua Wade, by and through his next friend, Cynthia Wade, Betty K. Brasher, Billy Isbell, and Willie M. Taylor, by and through his next friend, Betty Sue Taylor, all Individually as ...
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106 F.Supp.2d 1000 (2000) In re CABLE NEWS NETWORK and Time Magazine "Operation Tailwind" Litigation. This order relates to: Sheppard, et al. v. Cable News Network, Inc., et al., Case No. C-98-20946. No. C-98-20946-JF. United States District Court, N.D. California, San Jose Division. July 31, 2000. Joseph W. Cotchett, Bruce L. Simon, Cotchett, Pitre & Simon, Burlingame, CA, for plaintiffs in ...
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107 F. Supp. 2d 1172 (2000) UNITED STATES of America and State of California, ex rel. John Dale HANSEN, Plaintiffs, v. CARGILL, INC., et al., Defendants. No. C98-4367CRB. United States District Court, N.D. California. July 24, 2000. *1173 *1174 Alex G. Tse, U.S. Attorney's Office, San Francisco, CA, for USA. Daniel Robert Bartley, Daniel Robert Bartley Law Offices, Novato, CA, for John Dale Hanse...
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ORDER ADDRESSING MOTIONS FOR (1) CONSOLIDATION, (2) APPOINTMENT OF LEAD PLAINTIFF, (3) APPROVAL OF LEAD PLAINTIFF’S COUNSEL AND (4) IN CAMERA REVIEW OF DOCUMENTS On May 1, 2000, the Court heard argument regarding motions for (1) consolidation, (2) appointment of lead plaintiff, (3) approval of lead plaintiffs counsel and (4) in camera review of documents. For the reasons set forth below, the Cour...
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109 F. Supp. 2d 18 (2000) UNITED STATES of America, v. Richard Paul SPINNER, III, Defendant. No. CRIM. 96-0300 (PLF), CIV.A. 99-2812 (PLF). United States District Court, District of Columbia. July 14, 2000. *19 Mary Ann Snow, Assistant U.S. Attorney, Washington, DC, for Government. A.J. Kramer, Federal Public Defender, Washington, DC, for Defendant. MEMORANDUM OPINION AND ORDER PAUL L. FRIEDMAN,...
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92 F.Supp.2d 1067 (2000) Diana L. BELL, both personally and as Personal Representative of the Estate of Miguel A. Bell, deceased, Plaintiff, v. GLOCK, INC., (USA), and Glock Gies.m.b.H, (Austria) Defendants. No. CV9783MDWM. United States District Court, D. Montana, Missoula Division. March 28, 2000. Alan J. Lerner, Law Offices of Alan J. Lerner, Kalispell, MT, Edward P. Moriarity, Spence Moriarit...
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107 F. Supp. 2d 1 (2000) Eddie A. CURTIS, Plaintiff, and J. David Carroll, Plaintiff-Intervenor, v. F. Whitten PETERS, Secretary of the Air Force, Defendant. No. CIV. A. 98-0875 PLF. United States District Court, District of Columbia. April 24, 2000. *2 *3 Eugene R. Fidell, Feldesman Tucker Leifer Fidell & Bank, Washington, DC, for Plaintiffs. Armando Omar Bonilla, Civil Division, Commercial ...
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110 F.Supp.2d 1227 (2000) Melissa SURBER, Plaintiff, v. RELIANCE NATIONAL INDEMNITY CO., Defendant. No. C 00-01380 CRB. United States District Court, N.D. California. July 31, 2000. *1228 *1229 Joseph Scanlan, Jr., Miller, Morton, Caillat & Nevis, San Jose, CA, for Plaintiff. Eileen Wright, Scadden, Hamilton & Ryan, San Francisco, CA, for Defendant. MEMORANDUM AND ORDER BREYER, District ...
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106 F.Supp.2d 40 (2000) Staci M. WILLIAMS, Plaintiff, v. George MUNOZ, President and Chief Executive Officer of the Overseas Private Investment Corporation, Defendant. No. Civ.A.99-0417. United States District Court, District of Columbia. July 19, 2000. *41 *42 Kevin P. Jenkins, Bowie, MD, for plaintiff. Eric M. Jaffe, Assistant U.S. Attorney, Washington, DC, for defendant. MEMORANDUM ORDER ROBE...
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109 F. Supp. 2d 1309 (2000) UNITED STATES of America, Plaintiff, v. Jason S. KEARNS, Defendant. No. 99-40081-01-RDR. United States District Court, D. Kansas. July 5, 2000. *1310 *1311 *1312 David J. Phillips, Office of Federal Public Defender, Topeka, KS, for Jason S Kearns, defendant. James A. Brown, Anthony W. Mattivi, Office of U.S. Attorney, Topeka, KS, for U.S. MEMORANDUM AND ORDER ROGERS, ...
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106 F.Supp.2d 1208 (2000) Joy A. WAYMIRE, Plaintiff, v. Kenneth S. APFEL, Commissioner of Social Security Administration, Defendant. No. 99-4135-RDR. United States District Court, D. Kansas. July 24, 2000. *1209 Thomas J. Leising, Topeka, KS, for plaintiff. Nancy Landis Caplinger, Mary K. Ramirez, Office of United States Attorney, Topeka, KS, for defendant. MEMORANDUM AND ORDER ROGERS, Senior Di...
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107 F. Supp. 2d 706 (2000) Steven Lamont Joel SCOTT, Plaintiff, v. Loretta K. KELLY, et al., Defendants. No. CIV.A. 00-272-AM. United States District Court, E.D. Virginia, Alexandria Division. July 31, 2000. *707 Steven Lamont Joel Scott, Capron, VA, for Plaintiff. MEMORANDUM OPINION ELLIS, District Judge. Plaintiff Steven Lamont Joel Scott, a Virginia inmate proceeding pro se, filed this action...
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107 F. Supp. 2d 90 (2000) A.M.L. INTERNATIONAL, INC., et al., Plaintiffs, v. The Honorable William M. DALEY, United States Secretary of Commerce, Defendant. No. Civ.A. 00-10241-EFH. United States District Court, D. Massachusetts. July 28, 2000. *91 *92 Mary E. Kelleher, Mickelson, Barnet & Associates, P.C., New Bedford, MA, for plaintiffs. Lisa Lynne Russell, U.S. Department of Justice, Envir...
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113 F. Supp. 2d 987 (2000) TIDEWATER MARINE, INC. and Twenty Grand Offshore, Inc. v. SANCO INTERNATIONAL, INC., et al. No. CIV.A. 96-1258. United States District Court, E.D. Louisiana. July 24, 2000. *988 *989 William B. Gibbens, III, Gelpi, Sullivan, Carroll & Gibbens, New Orleans, LA, for Plaintiffs. Joseph E. LeBlanc, Jr., King, LeBlanc & Bland, New Orleans, LA, for Defendants Sanco In...
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106 F. Supp. 2d 1147 (2000) VIA FONE, INC., Plaintiff, v. WESTERN WIRELESS CORPORATION, Voicestream Wireless Corporation, Voicestream Wireless Holding Corporation and Omnipoint Communications Enterprises, Inc., Defendants. No. 00-1070-JTM. United States District Court, D. Kansas. July 11, 2000. *1148 Joseph H. Cassell, Kevin Todd Stamper, Cassell & Lower, L.L.C., Wichita, KS, for plaintiff. G...
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MEMORANDUM AND ORDER Linda S. Parks, Trustee for the liquidation of Primeline Securities Corp. (“Primeline”), and the Securities Investor Protection Corporation (“SIPC”) appeal from the memorandum decision and judgment of the U.S. Bankruptcy Court for the District of Kansas dated October 6, 1999, finding that various claimants (“Claimants”) 1 in the liquidation proceeding o...
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106 F. Supp. 2d 1151 (2000) Leroy GLOVER, Jr., Plaintiff, v. NMC HOMECARE, INC., Defendant. No. 98-2477-JTM. United States District Court, D. Kansas. July 11, 2000. *1152 *1153 *1154 *1155 *1156 *1157 Charles W. Fairchild, Fairchild, Stang, Beal, Barber & Sanders, Kansas City, MO, Douglas B. Breyfogle, Kansas City, MO, for plaintiff. Paul F. Pautler, Jr., Blackwell Sanders Peper Martin, LLP, ...
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106 F. Supp. 2d 1195 (2000) Joe Robert FERRARO, Plaintiff, v. BOARD OF TRUSTEES OF LABETTE COUNTY MEDICAL CENTER, et al., Defendants. No. 98-1291-JTM. United States District Court, D. Kansas. July 18, 2000. *1196 *1197 David R. Smith, Sanders, Simpson, Fletcher, & Smith, L.C., Kansas City, MO, for Joe Robert Ferraro. Jeffry L. Jack, Markham & Jack, Chartered, Parsons, KS, Reid F. Holbrook...
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ORDER Grand juries have indicted Defendants Robert Wayne Fiscus and Richard Barney under 18 U.S.C. § 2252A(a)(5)(B) for the knowing possession of images of child pornography that had been shipped, mailed, and/or transported in interstate and/or foreign commerce. 1 This matter comes before the court on Fiscus’s and Barney’s motions to dismiss on the grounds that § 2252A is unconstitutional. ...
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115 F. Supp. 2d 201 (2000) A.S.I. WORLDWIDE COMMUNICATIONS CORP. v. WORLDCOM, INC. No. CIV. 98-154-B. United States District Court, D. New Hampshire. July 21, 2000. *202 Jack B. Middleton, McLane Graf Raulerson & Middleton, Manchester, NH, for Plaintiff. Michael G. Bongiorno, Hale & Dorr, Boston, MA, for Defendant. MEMORANDUM AND ORDER BARBADORO, Chief Judge. A.S.I. Worldwide Communicati...
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115 F. Supp. 2d 214 (2000) BANK OF NEW HAMPSHIRE, Plaintiff, v. UNITED STATES, Defendant. Civil No. 99-343-M. United States District Court, D. New Hampshire. July 25, 2000. *215 Frank P. Spinella Jr., Hall Morse Anderson Miller & Spinella, Concord, NH, for plaintiff. Paul M. Gagnon, US Attorney's Office, Concord, NH, for defendant. ORDER McAULIFFE, District Judge. Bank of New Hampshire (the ...
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MEMORANDUM AND ORDER Richard Lord seeks review of a final decision of the Commissioner of the Social Security Administration (“SSA”), denying his application for disability insurance benefits for the closed period beginning August 16, 1990 and ending December 31, 1995. 1 I have jurisdiction to review the Commissioner’s decision pursuant to 42 U.S.C. § 405(g) (1994). Before ...
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107 F. Supp. 2d 1185 (2000) The HOUSING GROUP; The Housing Group-Northern California; Hidden Hills II Investors, Plaintiffs, v. GERLING AMERICA INSURANCE COMPANY, INC., Defendant. No. C 98-01209 CW. United States District Court, N.D. California. July 26, 2000. *1186 Jon-Marc Dobrin, Antonio A. Celaya, Jon-Marc Dobrin Law Offices, San Francisco, CA, for The Housing Group, plaintiff. J. Russell Ste...
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106 F. Supp. 2d 459 (2000) Andrew WEBER and Genese Weber, Plaintiffs, v. DAMIN SALES, INC., et al., Defendants. No. CV-99-8433(LDW). United States District Court, E.D. New York. August 1, 2000. Sakofsky & Yegelwel, by Chad F. Yegelwel, Rockville Centre, NY, for plaintiffs. *460 Apruzzese, McDermott, Mastro & Murphy, by Lisa Barre-Quick, Liberty Corner, NJ, for defendants. MEMORANDUM AND ...
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DECISION AND ORDER Plaintiff alleges that the Defendant violated the Fair Debt Collection Practice Act, (“FDCPA”) 15 U.S.C. § 1692, which prohibits debt collectors from engaging in abusive, deceptive, and unfair collection practices. Presently before this Court is Defendant’s motion to dismiss pursuant to Fed. R.Civ.P. 12(b)(6), and for fees, costs and sanctions pursuant to § 169...
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*294 ORDER The above-referenced case was referred to Magistrate Judge Hugh B. Scott pursuant to 28 U.S.C. § 636(b)(1)(B), on March 2, 1999. On March 31, 2000, Magistrate Judge Scott filed a Report and Recommendation, recommending that plaintiffs motion for partial summary judgment be denied, that defendant’s motion for summary judgment be granted, and the complaint dismissed in i...
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MEMORANDUM & ORDER The issue presented by this case is whether the Constitution of the United States requires that interest earned on funds deposited by customers in the highway, bridge and tunnel toll collection system known as E-ZPass be paid to E-*158ZPass customers. The E-ZPass system was developed for use by several toll authorities in the northeast region of the United States in order to ...
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MEMORANDUM-DECISION AND ORDER INTRODUCTION Presently before the Court are defendants Bank America (“BA”) and Phil Tull-gren’s motions for summary judgment. Plaintiff opposes the motions. *33 BACKGROUND Plaintiff brings suit against defendants pursuant to 42 U.S.C. § 2000e et seq. (Title VII), and New York Executive Law (“HRL”) alleging sexual harassment and d...
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DECISION AND ORDER George Morris (“Morris” or “Petitioner”) petitions for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. In support, Morris alleges that after he had entered a plea of guilty to a misdemeanor charge on which he was indicted, a state trial court judge improperly reinstated a previously dismissed felony count in the same indictment. Morris argues that such reinsta...
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ORDER Plaintiffs, Yolanda Suro and her infant son David, bring this action pursuant to the Federal Tort Claims Act (“FTCA”), 28 U.S.C. §§ 1346(b), 2671-80, to recover for injuries that David allegedly sustained as a result of ingesting lead paint. Plaintiffs claim that David’s lead paint exposure occurred while he was living in a Brooklyn apartment building that was owned by the defen...
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107 F. Supp. 2d 957 (2000) James J. BERTRAM, et al., Plaintiffs, v. NuTONE, INC., et al., Defendants. No. 1:99CV218. United States District Court, S.D. Ohio, Western Division. July 13, 2000. *958 *959 Lee Hornberger, Cincinnati, OH, for James J Bertram, Paul Bingham, James R Burton, Rosemary C Carpenter, James T Catanzaro, Robert L Collier, Robert E Cox, Dale N Deible, Patricia I Francis, Paul D ...
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109 F. Supp. 2d 350 (2000) UNITED STATES of America, v. Anthony NOLAN, Defendant. No. CRIM. A. 89-313-1. United States District Court, E.D. Pennsylvania. August 4, 2000. *351 L.C. Wright, United States Attorney's Office, Philadelphia, PA, for plaintiff. Leigh M. Skipper, Federal Defenders Association, Philadelphia, PA, for defendant. FINDINGS OF FACT & CONCLUSIONS OF LAW KATZ, District Judge...
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106 F.Supp.2d 1272 (2000) Harvey HARRIS, Plaintiff, v. Governor BUSH, et al., Defendants. No. 3:00-CV-052/LAC. United States District Court, N.D. Florida, Pensacola Division. July 25, 2000. *1273 Harvey Harris, plaintiff pro se. George Lee Waas, Atty. Generals Office, Tallahassee, FL, for Gov. Bush. James Nix Daniel, Pensacola, FL, for John Heer, Adm. Baptist Hospital. James Nix Daniel, for Morri...
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106 F. Supp. 2d 1328 (2000) ALLISON-ERWIN COMPANY, Plaintiff, v. SATURN FREIGHT SYSTEMS, INC., Truck Air of the Carolinas, Inc., Defendants. No. 1:99-CV-51-CAM. United States District Court, N.D. Georgia, Atlanta Division. June 29, 2000. Evan H. Pontz, Troutman Sanders, Atlanta, GA, Brian K. Fielden, phv, Johnston Allison & Hord, Charlotte, NC, for Allison-Erwin Company, plaintiff. Paul W. Bu...
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109 F.Supp.2d 976 (2000) Donald W. MANNING, Plaintiff, v. BOARD OF TRUSTEES OF COMMUNITY COLLEGE DISTRICT NO. 505 (PARKLAND COLLEGE), Defendant. No. 98-CV-2013. United States District Court, C.D. Illinois, Danville/Urbana Division. August 3, 2000. *977 Kathryn E. Ross, John M. Murphy, Pattishall, McAuliffe, Newbury, Hilliard and Geraldson, Chicago, IL, for plaintiff. Paul R. Cole, Erwin, Martinku...
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MEMORANDUM Before me is the Motion to Compel Testimony (doc. 200) filed by the defendants seeking to compel the testimony of Karen Morris-sey, plaintiffs Rule 30(b)(6) designee, and to sanction plaintiffs refusal to permit her to answer questions at her deposition. Because I choose to follow King v. Pratt & Whitney, 161 F.R.D. 475 (S.D.Fla.1995), the motion will be granted in part and denied in...
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107 F. Supp. 2d 628 (2000) KRISTI H., a minor By and Through her parent and next friend, VIRGINIA H., Plaintiff, v. TRI-VALLEY SCHOOL DISTRICT, and Robert E. Franklin, in his official capacity as Superintendent of the Tri-Valley School District, Defendants. No. 3:99 CV 2093. United States District Court, M.D. Pennsylvania. July 25, 2000. *629 Judith A. Gran, Max Lapertosa, Lionel A. Dyson, Public...
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MEMORANDUM OPINION AND ORDER Plaintiffs Tobin for Governor, Jean L. Baker, Raymond A. Dubiel, James J. Morris, and Robert S. Redfern have filed a six count complaint against defendants The Illinois State Board of Elections (“the Board”) and its members, individually and in their official capacities, alleging that defendants violated plaintiffs’ constitutional right to vote and associate when ...
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107 F.Supp.2d 1365 (2000) Rosalyn PRICE and Eddie R. Price, Plaintiffs, v. KLM-ROYAL DUTCH AIRLINES, Defendant. No. CivA 1:99-CV-1133-RWS. United States District Court, N.D. Georgia, Atlanta Division. July 24, 2000. *1366 E. Alan Armstrong, Atlanta, Georgia, David I. Katzman, phv, John D. McClune, Schaden, Katzman, Lampert & McClune, Troy, MI, for plaintiff. William T. Plybon, Alston & Bi...
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104 F.Supp.2d 518 (2000) MAGGIO-ONORATO AND ASSOCIATES, et al., Plaintiffs, v. AEGON N.V., et al., Defendants. No. CIV. JFM-99-3389. United States District Court, D. Maryland. June 28, 2000. *519 Thomas J. Zagami, Hodes, Ulman, Pessin & Katz, P.A., Towson, MD, for Richard A. Onorato. Robert J. Mathias, Piper & Marbury, Baltimore, MD, Keara M. O'Donnell, Piper & Marbury, Washington, DC...
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MEMORANDUM OPINION In this collection action brought by sixteen 1 competitive local exchange carriers (“CLECs”), against two long distance carriers, AT & T Corp. (“AT & T”) and Sprint Communications Company (“Sprint”), 2 a *509 threshold dismissal motion raises several issues, including (i) whether all or portions of the case should be referre...
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107 F. Supp. 2d 791 (2000) Mumtaz NIZAMI, Plaintiff, v. PFIZER INC., Defendant. No. 99-73337. United States District Court, E.D. Michigan, Southern Division. July 31, 2000. *792 Paul E. Robinson, Northville, MI, for Plaintiff. Rachele L. Szot, Detroit, MI, for Defendant. *793 OPINION AND ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT ROSEN, District Judge. I. INTRODUCTION Plaintiff M...
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126 F. Supp. 2d 521 (2000) UNITED STATES of America v. AMERICAN NATIONAL CAN CO., Defendant. No. 98 C 5133. United States District Court, N.D. Illinois, Eastern Division. July 31, 2000. *522 Kurt N. Lindland, U.S. Attorney's Office, Chicago, IL, for plaintiff. Joseph Vincent Karaganis, Alan Bruce White, John William Kalich, Barbara A. Magel, Christopher William Newcomb, Karaganis & White, Ltd...
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MEMORANDUM-DECISION AND ORDER I. INTRODUCTION Plaintiffs commenced the instant action pursuant to 42 U.S.C. §§ 1983 and 1985, alleging violations of their Fourteenth Amendment right to equal protection under the law. Defendants Mark W. Williams, Daniel Cozza, Ronald Fontaine, Myron Maunz, Sherman F. Jones, Jr., Fred Bruzzese, Pasquale Benzo, Nicholas Yagey, Benny J. Rotun...
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ORDER Petitioner United House of Prayer for All People of the Church on the Rock of the Apostolic Faith (“Petitioner” or “Church” or “United”) moves pursuant to Section 9 of the Federal Arbitration Act, 9 U.S.C. § 9 (“FAA”), for an order confirming a Construction Industry Arbitration Award (“Award”) issued on June 7, 1999. Under the Award, Respondent L.M.A. International, Ltd. (“Respo...
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ORDER I. Background In a petition dated July 20, 1999 1 , Eugene Forman (“Forman” or “Petitioner”), appearing pro se, filed a petition for a writ of habeas corpus- (“Petition”) in this Court challenging his 1991 conviction in New York State Supreme Court, Bronx County, for murder in the second degree (New York Penal Law § 125.25[1], [2]) and criminal possession...
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OPINION AND ORDER Pro se petitioner Dulys Salcedo seeks a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner raises the following seven claims: (1) the trial court’s charge regarding petitioner’s right not to testify violated both his right to remain silent and due process; (2) petitioner’s conviction arose out of a single continuous *410 act and requires imposition of concurren...
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MEMORANDUM OPINION This case arises under the Freedom of Information Act (FOIA) and comes before the Court on cross-motions for summary judgment. Plaintiff seeks to prevent the release to a competitor of certain information that was submitted in connection with a successful bid for a government contract. As explained below, the Court grants plaintiffs motion and denies defendant’s mot...
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MEMORANDUM AND ORDER This tax refund case has been brought before the Court on the parties’ cross-motions for summary judgment. For the reasons which follow, the Defendant’s motion shall be granted, while the plaintiffs motion is denied. Factual Background Prior to 1986, certain “investment tax credits” were available to domestic manufacturers who invested in equipment a...
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MEMORANDUM DECISION AND ORDER GRANTING DEFENDANT’S MOTION TO DISMISS Defendant, Richard E. Jackson, Commissioner of the New York State Department of Motor Vehicles (“Commissioner Jackson”) moves pursuant to Fed.R.Civ.P. 12(b)(6) for an order dismissing plaintiffs First Amended Complaint (the “Complaint”) in its entirety. For the reasons stated below, the motion is granted. Plaintiff ...
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OPINION AND ORDER Before the court is Christopher Rick-ard’s (“Rickard”) petition for writ of habe-as corpus brought pursuant to 28 U.S.C. § 2254. For the following reasons, the court finds that it lacks subject matter jurisdiction over the petition, and dismisses it pursuant to 28 U.S.C. § 2244(b)(3)(A). I. BACKGROUND This case involves the application of The Convention on the ...
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DECISION AND ORDER DISPOSING OF ALL PENDING MOTIONS The various pending motions are disposed of as follows: 1. TM’s motion for Leave to Rely on the Statement of Ethan Miller is granted, and IBM’s cross-motion to strike the statement is denied. 2. IBM’s motion for summary judgment relating to the ’342 patent is denied, on the ground that there are myriad disputed issues of materi...
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MEMORANDUM DECISION AND ORDER I. INTRODUCTION Presently before the court are the defendants’ motion to dismiss for lack of subject matter jurisdiction, pursuant to Fed.R.Civ.P. 12(b)(1), and/or for failure to state a cause of action, pursuant to Fed. R.Civ.P. 12(b)(6). Plaintiff opposes. Oral argument was heard on May 12, 2000, in Utica, New York. Decision was reserved. II. FACTS De...
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ORDER Amsterdam Tobacco Incorporated (“Amsterdam”), Boro Park Tobacco Company, Incorporated, The Koger Company, Incorporated, Queens Tobacco, Grocery & Candy Company, Incorporated, S/A Cigarette Company, Incorporated, and Sunrise Candy & Tobacco Corporation (collectively “Plaintiffs”) filed this action on or about December 1, 1998, against Philip Morris Incorporated (“Philip Morris” o...
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ORDER On or about August 27, 1999, Brookdale Hospital Medical Center (“Petitioner” or “Brookdale” or “Employer”) commenced this action against Local 1199, National Health & Human Service Employees Union (“Respondent” or “Union”) to vacate an Opinion and Award issued on July 12, 1999 (“Award”) by labor arbitrator Lois A. Rappaport (“Arbitrator”). The Award reinstated five em...
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106 F. Supp. 2d 711 (2000) A-VALEY ENGINEERS, INC., Plaintiff, v. BOARD OF CHOSEN FREEHOLDERS OF the COUNTY OF CAMDEN, The Villa Group, Sunrose Engineers, Inc., Carrier Corp., Buena Plumbing, Inc., Iannacone Contracting Co., Inc., Delaware Valley Mechanical Contractors, Inc., Falasca Mechanical Contractors, Inc., and John & Jane Does (1-10), Defendants. No. CIV. 99-5421 (SSB). United States D...
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*159 ORDER I.Background On or about May 8, 1997, Eduardo La Torres (“Petitioner” or “La Torres”), a pro se litigant, filed a petition for a writ of habeas corpus (“Petition”) with this Court. La Torres had been convicted, in 1991, in New York State Supreme Court, New York County, of two counts of attempted murder in the first degree, one count of criminal possession of a weapon in the...
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106 F. Supp. 2d 696 (2000) BOEHRINGER INGELHEIM VETMEDICA, INC., et al., Plaintiffs, v. SCHERING-PLOUGH CORPORATION and Schering Corporation, Defendants. Civ. No. 96-4047(HAA). United States District Court, D. New Jersey. August 2, 2000. *697 Jonathan A. Marshall, Jennifer Gordon, Scott D. Stimpson, Pennie & Edmonds, New York City, for Plaintiffs. Sidney David, Paul H. Kochanski, Lerner, Davi...
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MEMORANDUM OPINION AND ORDER Before the court is the City of Joliet’s motion to dismiss Counts III, IV and V of plaintiff Mary Lee Demick’s complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). For the reasons that follow, the court denies defendant’s motion to dismiss. I. BACKGROUND Plaintiff Mary Lee Demick (“Demick”) has filed a five-count complaint agai...
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MEMORANDUM OPINION AND ORDER This case comes to this court on appeal by the United States Trustee (“UST”) from an order entered by Judge Schmet-terer, an experienced and respected judge of the Bankruptcy Court, denying the UST’s motion to have quarterly fees due under 28 U.S.C. § 1930(a)(6) calculated on the basis of the ordinary course business expenses of a Chapter 11 reorganized debtor, He...
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JUDGMENT IT IS HEREBY ORDERED that Plaintiffs Motion to Award Interest, filed May 1, 2000 (Dkt.269), is GRANTED. IT IS FURTHER ORDERED that Plaintiffs Motion for Conversion of Arbitration Award to Judgment, filed March 27, 2000 (Dkt.267), is GRANTED. Judgment is entered in favor of Plaintiff and against Defendant in the amount of $489,408.51 for unpaid prejudgment interest plus post-...
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106 F. Supp. 2d 1256 (2000) Fritzthadeus MACK, Plaintiff, v. ALABAMA DEPARTMENT OF YOUTH SERVICES, et al., Defendants. No. CIV.A. 99-A-607-N. United States District Court, M.D. Alabama, Northern Division. July 28, 2000. *1257 Derrick K. Collins, Birmingham, AL, for Fritzthadus Mack, plaintiff. William J. Samford, II, Alabama Department of Youth Services, Mt. Meigs, AL, Margaret L. Fleming, Willia...
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109 F. Supp. 2d 741 (2000) John A. HILL, Petitioner, v. UNITED STATES of America, Respondent. No. 1:95 CR 297, No. 4:99 CV 2774. United States District Court, N.D. Ohio, Eastern Division. August 2, 2000. *742 John A. Hill, Federal Prison Camp, Edgefield, SC, pro se. Joseph P. Schmitz, U.S. Attorney's Office, Cleveland, OH, for U.S. MEMORANDUM OPINION AND ORDER ECONOMUS, District Judge. This matt...
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106 F. Supp. 2d 589 (2000) Dwayne BUTLER, Plaintiff, v. Robert SNYDER, et al., Defendants. No. Civ.A. 99-294-GMS. United States District Court, D. Delaware. July 25, 2000. *590 Dwayne A. Butler, plaintiff pro se. Deputy Attorney General, Stuart B. Drowos, Delaware Department of Justice, Wilmington, DE, for defendants. MEMORANDUM OPINION SLEET, District Judge. Dwayne Arnold Butler, the plaintiff ...
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100 F. Supp. 2d 901 (2000) John WALKER, Plaintiff, v. Dr. Ivy BENJAMIN, Dr. Adrian Feinerman, Dr. Ansar Ansari, Dr. Virgilio Pilapel, Pamela Dunbar, and Vickie Rowland, Defendants. No. 97-3036. United States District Court, C.D. Illinois, Springfield Division. June 8, 2000. *902 *903 *904 Barbara J. Clinite, Chicago, IL, for plaintiff. Andrew M. Ramage, Illinois Attorney General's Office, Springf...
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107 F. Supp. 2d 1307 (2000) FIREWORKS SPECTACULAR, INC. and Piedmont Display Fireworks, Inc., Plaintiffs, v. PREMIER PYROTECHNICS, INC. and Matthew P. Sutcliffe, Defendants. No. Civ.A. 99-2240-GTV. United States District Court, D. Kansas. July 24, 2000. Dennis M. Clyde, Clyde & Wood, L.L.C., Overland Park, KS, for plaintiffs. Robert S. Tomassi, Loy & Tomassi, P.A., Pittsburg, KS, for defe...
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106 F.Supp.2d 1171 (2000) William E. HALL, Plaintiff, v. FLIGHTSAFETY INTERNATIONAL, INC., Defendant. No. Civ.A. 98-4026-CM. United States District Court, D. Kansas. July 11, 2000. *1172 *1173 *1174 *1175 William L. Fry, William Fry & Associates, Wichita, KS, for William E Hall, plaintiff. Wyatt Wright, Boyd A. Byers, Foulston & Siefkin L.L.P., Wichita, KS, for Flight Safety International...
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107 F. Supp. 2d 1311 (2000) PAPER, ALLIED, CHEMICAL AND ENERGY WORKERS INTERNATIONAL UNION, LOCAL 5-508, AFL — CIO, Plaintiff, v. SLURRY EXPLOSIVE CORPORATION, Defendant. No. Civ.A. 99-2038-CM. United States District Court, D. Kansas. July 28, 2000. *1312 *1313 *1314 *1315 *1316 *1317 Blake & Uhlig, P.A., Kansas City, KS, for Workers International Union, Local 5-508, plaintiff. Michael F. Del...
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MEMORANDUM AND ORDER Pending before the Court is Plaintiff Thomas Brigdon’s Motion for Partial Sum *1163 mary Judgment [Doc. # 25] against Defendant Rodney E. Slater, Secretary of the Department of Transportation (“DOT”). For the reasons set forth below, Brigdon’s motion is granted in part, and denied in part. I. Background The following facts are alleged in Brig-do...
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107 F. Supp. 2d 1288 (2000) ESTATE OF David FUENTES, By and Through Administrator, Ulises Cerca FUENTES; Ulises Cerca Fuentes, Iris Cerca Fuentes, David Fuentes, and Dario Fuentes (minor children, by and through their friend and mother), Maria De Jesus Cerca, Plaintiffs, v. Dave THOMAS; Randy Listrom, Robert W. Youse, Troy Willard, Daniel Breci, Jason Cooper, Kurt Richter, Russell Klumpp, Doug Ba...
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*900 MEMORANDUM Plaintiff Randle Branch alleges that Defendant Bridgestone/Firestone, Inc. (“Bridgestone”) fired him in violation of the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12101 et seq. Bridgestone, moves for summary judgment. Based on the evidence presented, no reasonable jury could determine either that Branch is disabled as defined by the ADA or that he has the abilit...
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DECISION AND ORDER Plaintiff Nora Harrison (“Harrison”) brings suit pursuant to the Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq. (“ADEA”), after filing a timely charge of discrimination with the Equal Employment Opportunity Commission and receiving a Notice of Right to Sue. The complaint alleges age discrimination by defendants, New York City OffTrack Betting Corporat...
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109 F.Supp.2d 352 (2000) Kim WILLIAMS, Plaintiff, v. EMPIRE FUNDING CORP., et al., Defendants. No. CIV. A. 97-4518. United States District Court, E.D. Pennsylvania. August 7, 2000. *353 *354 Henry J. Sommer, Miller, Frank and Miller, Philadelphia, PA, David A. Searles, Donovan, Miller, LLC, Philadelphia, PA, for Plaintiff. Patricia M. Hamill, Conrad, O'Brien, Gellman & Rohn, Philadelphia, PA,...
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109 F. Supp. 2d 365 (2000) Myra LYALL, v. AIRTRAN AIRLINES, INC. and Emily M Travel, Inc. No. CIV. A. 00-1937. United States District Court, E.D. Pennsylvania. August 8, 2000. Arthur Alan Wolk, Wolk & Geneter, Philadelphia, PA, for plaintiff. Peter G. Erdely, Joseph J. Hamill, Rawle & Henderson, Philadelphia, PA, for defendants. MEMORANDUM DALZELL, District Judge. Plaintiff Myra Lyall al...
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MEMORANDUM ORDER Before the court is the motion of plaintiffs Smithkline Beecham Corporation and Beec-ham Group, Inc. for reconsideration of this Magistrate Judge’s order of May 26, 2000. The May 26 order, granting in part defendants’ motion to compel, ordered production of approximately 500 documents of about 1500 which plaintiffs claimed to be privileged. Plaintiffs now submit that portions o...
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107 F. Supp. 2d 108 (2000) OMNIPOINT COMMUNICATIONS MB OPERATIONS, LLC, Plaintiff, v. TOWN OF LINCOLN, Lincoln Board of Appeals and Despena F. Billings, Buckner M. Creel, IV, Pamela S. Green, Amalie Kass, and Susan Hall Mygatt, in their capacities as Members of the Lincoln Board of Appeals, Defendants. No. Civ.A. 99-11012-EFH. United States District Court, D. Massachusetts. August 2, 2000. *109 K...
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109 F. Supp. 2d 1017 (2000) METROPOLITAN LIFE INSURANCE, Plaintiff, v. Debra WATTLEY et al., Defendants. No. 3:99-CV-0750RM. United States District Court, N.D. Indiana, South Bend Division. June 19, 2000. *1018 Timothy J. Abeska, Brien P. Crotty, Roemer and Mintz, South Bend, IN, Steven P. Mandell, Catherine A. Van Horn, Kenneth R. Wysocki, Davidson Mandell & Menkes, Chicago, IL, for Metropol...
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AMENDED MEMORANDUM OPINION AND ORDER Thrifty Oil Company (“Thrifty”) appeals an order of the United States Bankruptcy Court, the Honorable Louise DeCarl Adler presiding, granting a motion for summary judgment brought by Bank of America National Trust & Savings Association (“BofA”). This Court has appellate jurisdiction pursuant to 28 U.S.C. §§ 158(a)(1) & (c)(1)(A). This a...
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107 F.Supp.2d 574 (2000) SDS USA, INC., Plaintiff, v. KEN SPECIALTIES, INC., Defendant. No. CIV.A. 99-133. United States District Court, D. New Jersey. August 3, 2000. *575 Keith Gilman, Roy Wepner, Jason Garbell, Lerner, David, Littenberg, Krumholz & Mentlik, Westfield, NJ, Frank Chau, Frank DeRosa, F. Chau & Associates, East Meadow, NY, for Plaintiff SDS USA, Inc. Peter Cobrin, David De...
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MEMORANDUM ORDER ON MOTION TO COMPEL RESPONSE TO PLAINTIFFS’ THIRD REQUEST FOR PRODUCTION OF DOCUMENTS (#460) The defendants Jerico Dino and Magdalena Dino (hereinafter “the defendants”) are charged in a criminal case in the District of Massachusetts (Cr. No. 99-10130-JLT) in connection with the activities which also form the basis of the civil complaint in the above-styled case. The criminal ca...
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106 F. Supp. 2d 189 (2000) LUCENT TECHNOLOGIES, INC., Plaintiff, v. Daniel B. TYMANN, Nathan J. Tymann, David B. Ashley, Karen M. Ashley, Visalkumar J. Patel, Meredith A. Hatten, Molly A. Broadley, Brenda A. Conkel, Michael A. Hickey and James F. Wholley, Defendants. Civ.A.No. 00-11205-EFH. United States District Court, D. Massachusetts. August 1, 2000. *190 Michael B. Keating, Foley, Hoag & Elio...
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OPINION AND ORDER Before the Court are defendant’s motion to dismiss, plaintiffs opposition, defendant’s reply thereto, and various filings related to the briefing of the motion to dismiss. 1 Upon consideration of these submissions and plaintiffs amended complaint, the Court grants defendant’s motion with respect to Count I, and directs the parties to submit supplemental memo-randa with res...
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DECISION AND ORDER Mariusz Sadowski (“Sadowski”), a native and citizen of Poland, brings this action, alleging negligence and a violation of his due process rights, against the Immigration and Naturalization Service (“INS”) and Edward McElroy, the New York District Director for the INS (collectively, the “INS”). Sadowski has moved for summary judgment, pursuant to Rule 56 of the Feder...
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MEMORANDUM & ORDER DISMISSING CREDITOR’S CLAIMS BECAUSE OF COMITY Plaintiff Ecoban Finance Limited filed this lawsuit to collect on a series of past-due promissory notes totaling $18 million. Ecoban is a New York corporation, and purchased the notes from defendants in Mexico. The notes provide that the parties consent to the jurisdiction of the courts of New York and Mexico for disput...
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*657MEMORANDUM OPINION AND ORDER REGARDING DEFENDANT’S MOTION FOR RELIEF FROM ORDER This matter comes before the court pursuant to the defendant’s May 30, 2000, motion pursuant to Rule 60(b) of the Federal Rules of Civil Procedure for relief from this court’s order of March 30, 2000, which became final on April 24, 2000, upon this court’s denial of the defendant’s motion to alter or amend judgmen...
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110 F.Supp.2d 1110 (2000) Charles N. CHADWICK, Petitioner, v. Leonard W. GRAVES, Warden, Respondent. No. C 99-4077-MWB. United States District Court, N.D. Iowa, Western Division. July 27, 2000. *1111 Jeffrey M. Lipman, Lipman Law Firm, P.C., Clive, IA, for petitioner. Robert P. Ewald, Assistant Iowa Attorney General, Des Moines, IA, for respondent. WITHDRAWAL OF REFERRAL TO MAGISTRATE JUDGE AND ...
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107 F. Supp. 2d 782 (2000) Rabbi Jonathan ADLAND, Reverend Johanna Bos, Reverend James Jerrell Greenlee, Jeff Vessels, and American Civil Liberties Union of Kentucky, Plaintiffs, v. Armond RUSS, In his Official Capacity as Commissioner of Dept. for Facilities Management, Defendant. No. Civ.A. 00-51. United States District Court, E.D. Kentucky. July 27, 2000. *783 David A. Friedman, Amer. Civil Li...
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107 F. Supp. 2d 994 (2000) In re K-TEL INTERNATIONAL, INC., SECURITIES LITIGATION. Nos. Civ. 98-2494 ADM/JGL, Civ. 98-2480 ADM/JGL, Civ. 98-2519 ADM/JGL, Civ. 98-2520 ADM/JGL, Civ. 98-2526 ADM/JGL, Civ. 98-2531 ADM/JGL, Civ. 98-2534 ADM/JGL, Civ. 98-2557 ADM/JGL, Civ. 98-2558 ADM/JGL, Civ. 98-2559 ADM/JGL, Civ. 98-2563 ADM/JGL, Civ. 98-2580 ADM/JGL, Civ. 98-2634 ADM/JGL, Civ. 98-2649 ADM/JGL, Civ...
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107 F. Supp. 2d 1046 (2000) James P. THURMAN, Plaintiff, v. MISSOURI GAS ENERGY, a division of Southern Union Company, Defendant. No. 99-0692-CV-W-3-ECF. United States District Court, W.D. Missouri, Western Division. July 31, 2000. *1047 *1048 A. Howard Chamberlin, Law Offices of A. Howard Chamberlin, Lee's Summit, MO, Edward M. Boyle, Overland Park, KS, for James Thurman, plaintiff. Louis A. Hub...
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MEMORANDUM OPINION AND ORDER I. INTRODUCTION Pending are Plaintiffs’ Motion to Remand and Defendants’ Motion to Transfer Venue. Implicit in Plaintiffs’ motion is also a Motion to Abstain, which if granted, also would support remand. For reasons that follow, Plaintiffs’ Motion to Remand is DENIED; Plaintiffs’ Motion to Abstain and Defendants’ motion are DENIED WITHOUT PREJUDICE; a...
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106 F.Supp.2d 872 (2000) Gregory B. CHIARTAS, Plaintiff, v. BAVARIAN MOTOR WORKS, AG, et al., Defendants. No. Civ.A. 2:00-0499. United States District Court, S.D. West Virginia, Charleston Division. August 3, 2000. *873 Gregory B. Chiartas, Freman & Chiartas, Charleston, WV, for plaintiff. David B. Thomas, Philip J. Combs, Allen, Guthrie & McHugh, Charleston, WV, for defendant. MEMORANDU...
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106 F.Supp.2d 1057 (2000) Rafael HERRERA as Guardian Ad Litem for Peter Liriano, a minor, Plaintiff, v. Anthony RUSSO, individually and as a police officer of the Clark County School District; Jack Lazzarotto, individually and as Director of Security for the Clark County School District; The Clark County School District, a political subdivision of the State of Nevada Defendants. No. CV-S-99-1731R...
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107 F. Supp. 2d 140 (2000) Gregorio IGARTUA DE LA ROSA, et al., Plaintiffs, v. UNITED STATES of America, Defendant. No. Civ.00-1421(JP). United States District Court, D. Puerto Rico. July 19, 2000. Gregorio Igartúa de la Rosa, Aguadilla, PR, for plaintiff. Isabel Muñoz Acosta, Assistant United States Attorney, Hato Rey, PR, David S. *141 Mendel, U.S. Department of Justice, Civil Division, Washing...
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MEMORANDUM This action alleging negligent misrepresentation of health insurance coverage originally was filed by Plaintiff in the District Court of Maryland for Baltimore City on April 22, 1999. Defendant removed the case to federal district court, pursuant to 28 U.S.C. § 1441, on May 19, 1999. Now pending is Plaintiffs motion to remand the case to state court, pursuant to 28 U.S.C. §...
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MEMORANDUM AND ORDER Defendants Gipe Associates Inc. (“Gipe”) and Bohlin, Cywinski & Jackson (“B, C & J”) (collectively “Defendants”) have filed a motion, (Paper No. 55), to preclude one of the plaintiffs expert witnesses, Grace Ziem, M.D., from testifying at trial, because, they contend, she failed to comply with this Court’s order of October 15, 1999, allowing the Defendants additional time to ...
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MEMORANDUM OPINION Granting in Part and Denying in Part the Defendants’ Motion to Dismiss I. Introduction Eight employees of the CIA brought an as-yet-uncertified class action against the CIA, CIA Director George Tenet, and thirty unnamed “John and Jane Does” (collectively “the CIA”). The plaintiffs allege that the CIA violated their constitutional rights to “liberty, due pr...
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MEMORANDUM AND ORDER In this civil action, plaintiffs Ann Marie Funk (“Ann Marie”) and Michele Funk (“Michele”), who are sisters, have filed suit against defendants J.C. Penney Company, Inc. (“J.C.Penney”) and Taubman Company, Ltd. (“Taubman”), alleging claims of negligence. 1 Plaintiffs seek damages for personal injuries sustained by them while visiting the Marley Station ...
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MEMORANDUM ORDER In an Opinion and Order dated June 27, 2000, this Court dismissed the above-captioned action in its entirety. See Polar Int’l Brokerage Corp. v. Reeve, 108 F.Supp.2d 225 (S.D.N.Y.2000). Plaintiffs’ claims pursuant to sections 13(e) and 14(e) of the Securities Exchange Act of 1934, 15 U.S.C. §§ 78m(e), 78n(e), were dismissed with prejudice.1 *15The dismissal of plaintiffs’ feder...
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OPINION & ORDER On February 18, 2000, following a four-day jury trial, defendant David Barroso was convicted of conspiracy to commit securities and wire fraud. Defendant now seeks a judgment of acquittal pursuant to Federal Rule of Criminal Procedure 29 or, in the alternative, a new trial pursuant to Federal Rule of Criminal Procedure 38. For the following reasons, defendant’s post-tr...
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MEMORANDUM OPINION AND ORDER Defendant has filed a motion for summary judgment [Record No. 86], to which Plaintiff has responded [Record No. 92]. Defendant has replied [Record No. 94]. In addition^ Plaintiff has filed a cross-motion for summary judgment [Record No. 79]. Defendant has responded [Record No. 93], to which the plaintiff has replied [Record No. 94]. Therefore, these matters are ri...
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110 F. Supp. 2d 676 (2000) In re SYNTHROID MARKETING LITIGATION No. 97 C 6017, MDL NO. 1182. United States District Court, N.D. Illinois, Eastern Division. August 4, 2000. *677 *678 Marvin Alan Miller, Miller, Faucher and Cafferty, Chicago, IL, Duane C. Quaini, Christopher Qualley King, John Claiborne Koski, Erika K. Powers, Sonnenschein, Nath & Rosenthal, Chicago, IL, Michael D. Hausfeld, Li...
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106 F. Supp. 2d 174 (2000) UNITED STATES of America, v. James M. KNOTT, Sr., and Riverdale Mills Corporation, Defendants. No. CRIM. A. 98-40022-NMG. United States District Court, D. Massachusetts. July 27, 2000. *175 Warren G. Miller, Boston, MA, Henry T. Dunbar, Weymouth, MA, Jamy B. Buchanan, Boston, MA, for Defendants. William P. Stimson, Jeanne M. Kempthorne, U.S. Atty's Office, Boston, MA, P...
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MEMORANDUM OPINION AND ORDER This case raises the issue of whether a plaintiff who brings a claim alleging violations of the Americans with Disabilities Act (the “ADA”) against his county government employer can also bring a claim alleging violations of the Equal Protection Clause of the Fourteenth Amendment under 42 U.S.C. § 1983 against his supervisor individually when the same fact...
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OPINION AND ORDER Gary Mazza was terminated as a probationary patrolman with the New York City Police Department (“NYPD”) on February 25, 1993, after he had been out sick almost ten months with severe ulcerative colitis. He filed a claim of disability discrimination with the Equal Employment Opportunity Commission (“EEOC”), which rejected his claim on the ground that, although Mazza w...
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OPINION AND ORDER On May 15, 2000, defendants RMM Records & Video Corp., RMM Filmworks, and Ralph Mercado (hereinafter “RMM”) moved to preclude co-plaintiff Glenn Monroig’s written memorialization of an oral transfer of •ownership of copyrights for the song ‘To Soy” to co-plaintiff Mamoku Publishing, Inc. They based this motion on (1) the facial irregularities of the documents presented and (2)...
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110 F.Supp.2d 1117 (2000) Howard Dean ROUSE, Petitioner, v. State of IOWA, sub nomine John Ault, Warden, Anamosa State Penitentiary, Respondent. No. C 99-4027-MWB. United States District Court, N.D. Iowa, Western Division. July 28, 2000. *1118 Petitioner Howard Dean Rouse was represented by Martha M. McMinn of Sioux City, Iowa. Respondent John Ault was represented by Thomas William Andrews, Iowa ...
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109 F. Supp. 2d 66 (2000) The RHODE ISLAND CHARITIES TRUST, Plaintiff, v. ENGELHARD CORPORATION, Defendant. C.A. No. 97-369L. United States District Court, D. Rhode Island. August 8, 2000. *67 Michael P. DeFanti, Brent R. Canning, Hinckley, Allen & Snyder Providence, RI, for plaintiff. Benjamin V. White, III, Vetter & White, Providence, RI, H. Jerome Strickland, Robert C. Norman, Jr., Jon...
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ORDER GRANTING IN PART PLAINTIFFS’ MOTION FOR INJUNCTION & DECLARATORY JUDGMENT AND DENYING DEFENDANTS’ MOTION TO DISMISS COMPLAINT I. Introduction Before the court is the motion of Plaintiffs Detroit Newspaper Agency and The Detroit News (collectively “DNA”) requesting that the court enjoin the defendant National Labor Relations Board (“NLRB” or “Board”) from prosecuting 59 unfa...
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107 F. Supp. 2d 770 (2000) Nancy TORRES DE MAQUERA, surviving spouse of Pedro Maquera, deceased and a/n/f of Grisney Maquera De Torres, minors, Christiam Caldas and Victor Cisneros, Plaintiffs, v. YACU RUNA NAVIERA S.A., Ravenscroft Shipping, Inc., Linea Amazonica Peruana, S.A., and Agencia Naviera Maynas, S.A., Defendants. No. Civ.A. G-99-366. United States District Court, S.D. Texas, Galveston ...
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104 F.Supp.2d 705 (2000) D'Ann CHILDRESS, Plaintiff, v. PETSMART, INC., Defendant. No. Civ.A.EP-99-CA-85-EP. United States District Court, W.D. Texas, El Paso Division. March 20, 2000. *706 Steven W. Sloan, Thompson & Knight, P.C., Dallas, TX, Bryan P. Neal, Thompson & Knight, P.C., Dallas, TX, Anna Elizabeth Marple, Thompson & Knight, P.C., Dallas, TX, for Petsmart, Inc., defendant. ...
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MEMORANDUM ORDER Before the court is the motion of defendants Apotex Corporation, Apotex Inc., and Torpharm, Inc. to compel the production of certain documents listed in the privilege log of plaintiffs Smithkline Beecham Corporation and Beecham Group, Inc. I. BACKGROUND This case concerns the anti-depressant pharmaceutical that plaintiffs market as “Paxil.” Beecham obtained United States Patent...
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ORDER Plaintiff New Paradigm Software Corp. (“New Paradigm” or “Plaintiff’) alleges in the instant complaint seven causes of action against Defendants New Era of Networks, Inc. (“NEON”) and VIE Systems, Inc. (“VIE”) (collectively, “Defendants”) relating to the sale of a software program by the Plaintiff to Defendant VIE and the efforts of the both Defendants to avoid paying for this p...
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ORDER Plaintiff Marathon Outdoor, LLC (“Plaintiff’ or “Marathon Outdoor”) commenced this action on or about May 10, 2000 against Richard C. Visconti, Acting Commissioner, Department of Buildings of the City of New York (sued herein as “Richard C. Veseonti”), Rick C. Chandler, Bronx Borough Commissioner, and the City of New York (collectively, “Defendants”), seeking declaratory and inj...
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107 F.Supp.2d 768 (2000) Terrence BONEY v. INTEROCEAN UGLAND MANAGEMENT CORPORATION. No. CIV. A. G-99-137. United States District Court, S.D. Texas, Galveston Division. July 14, 2000. *769 Richard Lee Melancon, Melancon and Hogue, Friendswood, TX, for Terrence Boney. Douglas T Gosda, Manning Gosda et al, Houston, TX, for Bridon-American Corporation. James T Brown, Legge Farrow Kimmitt and McGrath...
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MEMORANDUM ORDER Before the court is the motion of the defendant City of Chicago to unseal documents retained in camera, and for an order enforcing a subpoena. I. BACKGROUND On July 28, 1998 plaintiff, a Chicago police officer;, filed a complaint alleging that the defendant, in retaliation for a previous lawsuit plaintiff had brought, wrongfully suspended him without pay in violation of the Amer...
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106 F. Supp. 2d 1020 (2000) EMPRESA CONSTRUCTORA CONTEX LIMITADA, a Chilean Partnership, Plaintiff, v. ISEKI, INC., a Delaware corporation, Defendant. No. 00CV00798JLAB. United States District Court, S.D. California. July 28, 2000. *1021 Robert C. Wright, Joseph T. Ergastolo, Wright & L'Estrange, San Diego, CA, for Plaintiff. Phillip Ashman, McQueen & Ashman, LLP, for Defendant. ORDER DE...
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109 F. Supp. 2d 819 (2000) NORCOLD, INC., Plaintiff, v. GREG LUND PRODUCTS LTD., Defendant. No. C-3-99-442. United States District Court, S.D. Ohio, Western Division. April 25, 2000. *820 Charles H. Brown, III, Dinsmore & Shohl, Cincinnati, OH, James Wynne, Detroit, MI, Rosalie B. Harrison, Butzel Long PC, Detroit, MI, for Plaintiff. Todd Swatsler, Brian Selden, Jones Day Reavis & Pogue, ...
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100 F. Supp. 2d 1170 (2000) UNITED STATES of America, Plaintiff, v. Buford O'Neal FURROW, Jr., Defendant. No. CR 99-838 RAP. United States District Court, C.D. California. May 1, 2000. *1171 Marilyn E. Bednarski, Sean Kennedy, William H. Forman, Office of the Federal Public Defender, /Los Angeles, CA, Judy C. Clarke, Office of the Federal Public Defenders, Eastern Washington & Idaho, Spokane,...
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ORDER In a habeas corpus petition dated August 17, 1999 (“Petition”), 1 John Stokes (“Stokes” or “Petitioner”), appearing pro se, challenges his 1992 conviction in New York State Supreme Court, Bronx County, for second degree felony murder (and related lesser charges) and his sentence of twenty-five years to life imprisonment. The Petition alleges: (1) that Petitioner shoul...
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ORDER I. Introduction Pro se petitioner Severino Diaz (“Petitioner” or “Diaz”) seeks a writ of habeas corpus under 28 U.S.C. § 2254, challenging his 1982 murder (second degree) conviction in New York State Supreme Court, New York County. 1 N.Y. Penal Law § 125.25. Diaz was sentenced to an indeterminate prison term of fifteen years to life, and is currently incarcerated in Sing Sing Correc...
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MEMORANDUM Currently pending before the Court is the motion of plaintiff for remand (Document No. 4), and the response of the defendants thereto. For the following reasons, the motion will be granted. I. BACKGROUND Plaintiffs Garabet and Isabel Apoian commenced this action in the Court of Common Pleas of Philadelphia County by Praecipe for Writ of Summons on February 8, 2000...
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ORDER On September 13, 1995, Neal Giraldi (“Petitioner” or “Giraldi”), proceeding pro *323 se, 1 filed a petition for a writ of habeas corpus in the United States District Court for the Southern District of New York, pursuant to 28 U.S.C. § 2254, challenging his 1975 conviction in New York Supreme Court, Westchester County, for murder in the second degre...
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DECISION AND ORDER Plaintiffs John Hogan and Stuart Rosen (“Hogan and Rosen”) bring this action under the Age Discrimination in Employment Act of 1967 (“ADEA”), 29 U.S.C. § 621; the New York Executive Law §§ 290 et seq. (“State HRL”); the New York City Administrative Code §§ 8-107(l)(a) and (c), and 8-107(17) (“City HRL”); and § 502(a) of the Employee Retirement Income Secu...
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ORDER GRANTING DEFENDANTS’ MOTIONS TO DISMISS PLAINTIFFS’ FIRST AMENDED COMPLAINT I Introduction In November 1998, the five major domestic tobacco companies 1 entered into a contract, termed the Master Settlement Agreement (“MSA”), with representatives of forty-six states, the District of Columbia, and five territories. 2 Pursuant to the MSA, the states agr...
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107 F.Supp.2d 1135 (2000) Bernard WALKER & Christina Adams, Plaintiffs, v. CARNIVAL CRUISE LINES; Carnival Corporation; Unique Travel Agency; Andre's Travel Agency, Defendants. No. C 98-2926 TEH. United States District Court, N.D. California. February 10, 2000. *1136 John L. Burris, Law Offices of John L. Burris, Oakland, CA, Paul L. Rein, Timothy S. Thimesch, Law Offices of Paul L. Rein, Oak...
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106 F. Supp. 2d 1227 (2000) Craig A. PETERSON, Plaintiff, v. The NEW YORK TIMES COMPANY, a New York corporation, and The Associated Press, a New York corporation, Defendants. No. 2:99CV242K. United States District Court, D. Utah, Central Division. August 2, 2000. Roger H. Hoole, Heather E. Morrison, Hoole & King LC, Salt Lake City, UT, for Craig A. Peterson, plaintiff. Randy L Dryer, Parsons ...
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106 F. Supp. 2d 876 (2000) HOLY CROSS NEIGHBORHOOD ASSOCIATION, et al. v. Colonel Thomas F. JULICH, et al. Nos. Civ.A.00-1725, Civ.A.00-1765, Civ.A.00-1837. United States District Court, E.D. Louisiana. July 28, 2000. William Patrick Quigley, New Orleans, Daria Burgess Diaz, Osborne, McComiskey & Diaz, LLP, Metairie, LA, for Plaintiffs in No. 00-cv-1725. Spencer Livingston, Denise N. Pettijoh...
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107 F. Supp. 2d 1267 (2000) Marilyn TYSON, Plaintiff, v. Kenneth S. APFEL, Commissioner of Social Security, Defendant. No. Civ.A. 00-KK-309. United States District Court, D. Colorado. August 7, 2000. *1268 Ann J. Atkinson, Aurora, CO, for plaintiff. Michael E. Hegarty, Assistant U.S. Attorney, Denver, CO, Yvette G. Keesee, Special Assistant U.S. Attorney, Denver, CO, for defendant. MEMORANDUM DE...
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107 F.Supp.2d 1263 (2000) Stephen SIMON, individually and as ultimate assignee of Humanistic Mental Health Foundation, Plaintiff, v. CYRUS AMAX MINERALS HEALTH CARE PLAN, and Chris Crowl, individually and as Plan Administrator, Defendants. No. Civ.A. 99-B-1791. United States District Court, D. Colorado. August 4, 2000. Stephen Simon, plaintiff pro se. Robert N. Miller, Mary L. Will, Leboeuf, Lamb...
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108 F. Supp. 2d 716 (2000) Deborah R. WALLACE, Plaintiff, v. SOCIAL SECURITY ADMINISTRATION, Defendant. Civil Action No. H-99-78. United States District Court, S.D. Texas. August 1, 2000. *717 Ulmer Graydon Wilson, Houston, TX, for Plaintiff. Elizabeth F. Karpati, Assistant U.S. Attorney, Houston, TX, for Defendant. *718 Opinion for Dismissal HUGHES, District Judge. 1. Background. Deborah R. ...
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101 F. Supp. 2d 839 (2000) SAINT-GOBAIN INDUSTRIAL CERAMICS INC., Plaintiff and Defendant-in-Counterclaim, v. WELLONS, INC., Defendant and Plaintiff-in-Counterclaim. No. Civ.A. 97-40221-NMG. United States District Court, D. Massachusetts. June 20, 2000. Vincent F. O'Rourke, Jr., Bowditch & Dewey, Worcester, MA, Stephanie L. Kralik, Kenneth I. Levin, Pepper, Hamilton, LLP, Philadelphia, PA, fo...
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106 F.Supp.2d 1206 (2000) Steven D. BEEM, Petitioner, v. David McKUNE, Warden, Lansing Correctional Facility; and Carla Stovall, Kansas Attorney General, Respondents. No. 98-3158-DES. United States District Court, D. Kansas. July 18, 2000. Michael S. Holland, Holland & Holland, Russell, KS, for Petitioner. Jared S. Maag, Office of Attorney General, Topeka, KS, for Respondents. MEMORANDUM AND...
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106 F. Supp. 2d 1144 (2000) Naomi E. JOHNSON-WINBORN, Plaintiff, v. Kenneth S. APFEL, Commissioner of Social Security, Defendant. No. Civ.A. 99-4019-DES. United States District Court, D. Kansas. July 7, 2000. *1145 Steven M. Tilton, Tilton & Tilton, LLP, Topeka, KS, for Naomi E Johnson-Winborn, plaintiff. Jackie A. Rapstine, Office of United States Attorney, Topeka, KS, for Social Security, C...
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FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER RE MOTIONS HEARD APRIL 18-21, 2000 I. INTRODUCTION These cases, consolidated for purposes of injunctive relief, involve conditions of confinement at the Special Commitment Center (“SCC”) at McNeil Island, Washington. The plaintiffs are SCC residents civilly committed for an indefinite time as “sexually violent predators”; the defendants...
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106 F. Supp. 2d 1203 (2000) Donald HENSON, Jr., Plaintiff, v. David R. McKUNE, et al., Defendant. No. 98-3246-DES. United States District Court, D. Kansas. July 19, 2000. *1204 Donald Henson, Jr., Lansing, MI, Pro se. Michael S. Holland, Holland & Holland, Russell, KS, for Plaintiff. Jared S. Maag, Office of Attorney General, Topeka, KS, for Defendants. MEMORANDUM AND ORDER SAFFELS, District...
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109 F.Supp.2d 225 (2000) In re CENDANT CORPORATION SECURITIES LITIGATION. This document relates to William P. Yeager and Virginia I. Yeager, Co-Trustees of the William P. Yeager and Virginia I. Yeager Trust, Plaintiffs, v. Cendant Corporation, et al., Defendants. No. CIV. A. 98-1664. United States District Court, D. New Jersey. August 9, 2000. *226 Joel M. Kozberg, Gradstein, Luskin & Van Dal...
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OPINION This matter is before the Court on defendant’s motion for partial summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. This case involves the denial of insurance coverage by defendant, Provident Life Insurance Company (“Provident”), in connection with a claim submitted by plaintiff, Kenneth Tar-sio (“plaintiff’). The narrow question before the Court is whe...
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ORDER This case is before the Court on the Defendant, the Forest Service of the United States Department of Agriculture,’s motion for summary judgment (Doc. 72). The Plaintiff has failed to file a response. For the reasons set forth below, the Court has concluded that the motion is due to be Granted. I. FACTUAL AND PROCEDURAL HISTORY Plaintiff Scott Addison takes part in “Rainbow Gatherings” ...
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ORDER This matter is before the Court on the Motion to Suppress Evidence, filed by Defendant, Antoine Cole, on May 3, 2000. For the reasons set forth below, this motion is GRANTED. The Court ORDERS that all evidence seized from inside the 1124 Jennings Street residence at the time of and subsequent to Cole’s arrest, in addition to all evidence obtained as a result of the illegal search and seizu...
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107 F. Supp. 2d 871 (2000) CITICASTERS CO., Plaintiff, v. STOP 26-RIVERBEND, INC., et al., Defendants. No. 4:00 CV 1549. United States District Court, N.D. Ohio, Eastern Division. July 6, 2000. John M. Debbeler, Graydon, Head & Ritchey, Cincinnati, OH, for Citicasters Co., plaintiff. Percy Squire, Bricker & Eckler, Columbus, OH, for Stop 26-Riverbend, Inc., defendant. MEMORANDUM OPINION ...
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MEMORANDUM AND ORDER I. Introduction This is housing discrimination case alleging discrimination on the basis of race and familial status. Plaintiffs, Steve Reeves, his wife Patricia Reeves, and their children, Stephanie and Stephen Reeves (collectively the Reeves), who are black, say that defendants Sheldon Rose (Rose), d/b/a Sycamore Apartments (Sycamore) and Personnel Management, ...
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106 F. Supp. 2d 1141 (2000) INTEGRATED LIVING COMMUNITIES, INC., Plaintiff, v. The HOMESTEAD COMPANY, L.C., Defendant. No. 98-4235-DES. United States District Court, D. Kansas. June 23, 2000. *1142 Randall J. Forbes, Kevin M. Fowler, Clinton E. Patty, Frieden, Haynes & Forbes, Topeka, KS, for Integrated Living Communities, Inc., plaintiff. Michael J. Norton, Foulston & Siefkin L.L.P., Wic...
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MEMORANDUM AND ORDER This matter comes before the court on defendant’s Motion to Compel Government to Produce Exculpatory Evidence or in the Alternative for Issuance of Rule 17(c) Subpoena (Doc. 133) and Motion to Quash Subpoena to Defendant’s Expert Witness (Doc. 154). Defendant seeks an order compelling the government to produce the following information pursuant to Federal Rule of Criminal Pr...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This case challenges the validity of an ordinance enacted by the Town of Ramapo regulating the location of adult entertainment establishments in Monsey, a village in Ramapo. Plaintiff, a topless bar in Monsey, seeks a declaratory judgment that the ordinance unconstitutionally abridges freedom of expression and an injunction barring its enforcement. ...
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OPINION I. - INTRODUCTION G. Oliver Koppell-a candidate for the Democratic nomination for New York State Attorney General in 1994 and 1998- and Arnold Linhardt and Marie Morrison-two New York state voters-brought this action challenging the constitutionality of New York Election Law § 7-116(3). Pursuant to Section 7-116(3), in primary elections in the 57 counties outside of New York City th...
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MEMORANDUM DECISION AND ORDER I. INTRODUCTION Plaintiffs, John Hogan (“Hogan”) and David Rees (“Rees”), individually, and on behalf of all others similarly situated, commenced the current action alleging age discrimination in violation of the Age Discrimination in Employment Act (“ADEA”), 29 U.S.C. § 621-34, and the New York State Human Rights Law (“HRL”), N.Y.Exec.Law § 296(...
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106 F. Supp. 2d 1005 (2000) Peter I. KOSTRIKIN, Elizabeth Kostrikin, Plaintiffs, v. UNITED STATES of America, Defendants. No. F-99-6732 OWW LJO. United States District Court, E.D. California. May 31, 2000. *1006 Peter Kostrikin, Fresno, CA, Pro se. Elizabeth Kostrikin, Fresno, CA, Pro se. Norma J. Schrock, U.S. Dept. of Justice Tax Division, Washington, DC, for Defendants. MEMORANDUM OPINION AND...
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109 F.Supp.2d 691 (2000) David EDWARDS, E. Stephanie Edwards, Gerald Paschal, and Lisa Paschal, Plaintiffs, v. FLAGSTAR BANK, Defendant. No. 95-CV-73844. United States District Court, E.D. Michigan, Southern Division. July 19, 2000. *692 Stephen R. Tomkowiak, Southfield, MI, for Plaintiffs. Randolph D. Phifer, Phifer, Phillips, Detroit, MI, Kathleen A. Lang, Rick A. Haberman, Dickinson, Wright, D...
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MEMORANDUM OPINION AND ORDER This matter comes before the Court on Plaintiffs motion for a new trial pursuant to Federal Rule of Civil Procedure 59, and on Plaintiffs motion for judgment as a matter of law pursuant to Federal Rule of Civil Procedure 50. For the reasons stated below, the Court DENIES Plaintiffs motion for a new trial and DENIES Plaintiffs motion for judgment as a matter of law. ...
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ORDER RE PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION OF CLAIMS I. INTRODUCTION In the above captioned case, Plaintiff Silvia Contreras (“Contreras”) brings an action against her former employer, Defendant Corinthian Vigor Insurance Brokerage, Inc. (“Corinthian”), for retaliation in violation of Section 16(b) of the Fair Labor Standards Act of 1938,...
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113 F. Supp. 2d 1211 (2000) Glenn VERSER, Plaintiff, v. Willard ELYEA, Hazel Lovett, James Page, Joseph Smith, Dr. Aguinaldo and Donald Snyder, Defendants. No. 99 C 7375. United States District Court, N.D. Illinois, Eastern Division. July 27, 2000. *1212 *1213 Wendi E. Sloan, Heather J. Green, Barack Ferrazzano Kirschbaum Perlman & Nagelberg, Chicago, IL, for Plaintiff. Glenn Verser, Joliet, ...
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109 F. Supp. 2d 926 (2000) SOUTH/SOUTHWEST ASSOCIATION OF REALTORS, INCORPORATED, Plaintiff, v. THE VILLAGE OF EVERGREEN PARK, ILLINOIS, Defendant. No. 00 C 3951. United States District Court, N.D. Illinois, Eastern Division. August 9, 2000. Philip C. Stahl, Randall D. Lehner, Grippo & Elden, Chicago, IL, for Plaintiff. Vincent Cainkar, Louis F. Cainkar, Ltd., Burbank, IL, for Defendant. MEM...
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110 F.Supp.2d 686 (2000) UNITED STATES of America ex rel. Erdogan KURAP # B-42516, Petitioner, v. Warden Roger COWAN, et al., Respondents. No. 00 C 3552. United States District Court, N.D. Illinois, Eastern Division. August 10, 2000. Erdogan Kurap, Menard, IL, Pro se. James E. Ryan, Attorney General, Asst. Attorney General, Chicago, IL, for Respondents. MEMORANDUM ORDER SHADUR, Senior District J...
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109 F.Supp.2d 930 (2000) Craig ANDERSON, Plaintiff, v. VILLAGE OF OSWEGO, an Illinois municipal corporation, Defendant. No. 00 C 2226. United States District Court, N.D. Illinois, Eastern Division. August 9, 2000. *931 Stephen M. Cooper, Peter M. Storm, Cooper & Storm, Philip Joseph Piscopo, Cooper & Storm, Geneva, IL, for Plaintiff. Michael Ives Richardson, Terrence T. Creamer, Jennifer ...
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113 F.Supp.2d 1116 (2000) 800537 ONTARIO INC., an Ontario, Canada corporation d/b/a Acura-West; and Gregory Leon, Plaintiffs, v. AUTO ENTERPRISES, INC., a Michigan corporation; World Imports U.S.A., Inc., a Florida corporation; William Luther; Philip Trupiano; Claus Lukner; and Jake Sydorowicz, Defendants, and Auto Enterprises, Inc., a Michigan corporation, Counter-Plaintiff, v. 800537 Ontario In...
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109 F.Supp.2d 715 (2000) Brent KAUFMAN, Plaintiff, v. BASF CORPORATION, Defendant. No. 99-CV-74718-DT. United States District Court, E.D. Michigan, Southern Division. July 19, 2000. John M. Peters, Bloomfield Hills, MI, for Plaintiff. Stuart H. Teger, Detroit, MI, for Defendant. OPINION DUGGAN, District Judge. On August 26, 1999, Plaintiff Brent Kaufman filed a two-count complaint against Defend...
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MEMORANDUM OPINION AND ORDER After this action was reassigned to this Court’s calendar from that of its colleague Honorable Matthew Kennelly by reason of the substantial similarity between this patent infringement action and that brought by patentee Ole Nilssen (“Nilssen”) against Motorola, Inc. in Case No. 96 C 6571, counsel for the litigants1 have understandably sought to address the few respe...
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AMENDED ORDER: (1) REMANDING CLAIMS 1, 3, 4, 5, AND 6 OF FIRST AMENDED COMPLAINT TO STATE COURT; (2) DISMISSING CLAIM 2 OF FIRST AMENDED COMPLAINT WITH PREJUDICE, AS ASSERTED AGAINST INDIVIDUAL DEFENDANTS I. SUMMARY The Court concludes that the Eleventh Amendment will not permit Claims 1, 3, 4, *1228 5, and 6 of the First Amended Complaint (“FAC”) to be brought ...
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108 F. Supp. 2d 1033 (2000) Paula FERGUSON, Plaintiff, v. ROBERT R. MCCORMICK TRIBUNE FOUNDATION, Defendant. No. 97 C 4913. United States District Court, N.D. Illinois, Eastern Division. August 2, 2000. *1034 *1035 *1036 MEMORANDUM OPINION AND ORDER LEVIN, United States Magistrate Judge. Plaintiff, Paula Ferguson ("Ferguson"), has brought this action against Defendant Robert R. McCormick Tribu...
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DECISION AND ORDER INTRODUCTION *130 Petitioner Richard Bernard Lyon 1 was convicted in New York State Supreme Court, Steuben County, of two counts of murder, second degree, and single counts of burglary, first degree, burglary, third degree and petit larceny. He received two consecutive sentences of twenty five years to life. Lyon has filed a habeas Petition ...
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*1011 MEMORANDUM OPINION AND ORDER Plaintiff Thomas M. Hupp has filed a one-count complaint against his former employers, Experian Corporation, 1 Experi-an Information Solutions, Inc., Metromail Corporation, the Metromail Corporation Special Severance Plan, and Patricia D. Dever, as the Plan Administrator, 2 pursuant to Section 502(a)(1)(B) of the Employ...
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109 F. Supp. 2d 381 (2000) UNITED STATES of America v. Allen POWELL, a/k/a, Keith Bates No. CRIM. A. 99-719. United States District Court, E.D. Pennsylvania. August 10, 2000. Mitchell E. Zamoff, U.S. Attorney's Office, Philadelphia, PA, for U.S. MEMORANDUM EDUARDO C. ROBRENO, District Judge. The issue before the court is whether the Supreme Court's recent decision in Apprendi v. New Jersey requi...
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MEMORANDUM OPINION AND ORDER On February 14, 2000, plaintiff, the Estate of Andrew N. Jay, filed a Motion to Adjudicate Lien in the Circuit Court of the Twelfth Judicial Circuit, County of Will, Illinois, which requested the state court to adjudicate the lien of defendant, Associates’ Health and Welfare Plan, by applying the Illinois Common Fund Doctrine and reducing the defendant’s lien by o...
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107 F. Supp. 2d 596 (2000) John MRUZ, Vasilike D. Nika, and Jane Johnson, Plaintiffs, v. CARING, INC., et al., Defendants. Civil No. 97-1468(SMO). United States District Court, D. New Jersey, Camden Vicinage. August 4, 2000. *597 *598 Susan B. Pliner, Gary Green, Robert A. Davitch, Scott A. George, Sidkoff Pincus & Green, P.C., Merchantville, NJ, for Plaintiffs. Paul A. Rowe, Alan S. Naar, Gr...
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MEMORANDUM AND ORDER Plaintiffs, Mike Thrailkill and Donald Teasdale, are former employees of Defendant the MacWhyte Company (“MacWhyte”). Plaintiffs brought this suit on behalf of themselves and others similarly situated, alleging that MacWhyte and other Defendants 1 enticed them into accepting lower wages in exchange for benefits under the Employee Stock Ownership Plan (“ESOP...
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OPINION AND ORDER Pro se plaintiff Mamdouh Hussein is suing the defendants for alleged violations of the Labor Management Reporting and Disclosure Act (“LMRDA”), 29 U.S.C. § 401 et seq., and Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. 1 The Complaint alleges that the Hotel Employees and Restaurant Union, Local 6 (“Local 6” or the “Union”), Vanessa M...
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109 F. Supp. 2d 374 (2000) GENTLEMEN'S RETREAT, INC., Plaintiff, v. CITY OF PHILADELPHIA, et al., Defendants. No. CIV.A. 00-1882. United States District Court, E.D. Pennsylvania. August 10, 2000. *375 *376 Joseph A. Diorio, Joseph A. Diorio, P.C., Philadelphia, PA, for plaintiff. Cheryl L. Gaston, City Solicitor's Office, Philadelphia, PA, for defendants. MEMORANDUM EDUARDO C. ROBRENO, District ...
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MEMORANDUM Now before the Court is the motion of defendants the Bureau of Liquor Control Enforcement of the Pennsylvania State Police, James P. Corcoran, Mary Lou Cor-bett, Robert Hickes, Alfred Campbell, Bet-tina Bunting, and Thomas Bickta for summary judgment as to the claims of plaintiff Sharon Williams, who claims defendants engaged in unlawful and unconstitutional discrimination ...
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*178 OPINION AND ORDER Pursuant to Fed.R.Civ.P. 56, defendant Stuart M. Herz moves for summary judgment dismissing this legal malpractice action brought by plaintiff John B. Hatfield, Jr. In the alternative, Herz moves for summary judgment on his cross-claim against third-party defendant Haas, Greenstein, Cohen, Gerstein & Starr, P.C. (“Haas, Greenstein”) for indemnification ...
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109 F. Supp. 2d 1 (2000) UNITED STATES of America and the Post Fund, National Homes, Department of Veterans Affairs, Plaintiffs, v. THE RIGGS NATIONAL BANK OF WASHINGTON, D.C., TRUST GROUP, Defendant. No. CIV.A. 98-1759 SSH. United States District Court, District of Columbia. July 6, 2000. *2 AUSA Claire M. Whitaker, U.S. Attorney's Office for the District of Columbia, Washington, DC, for Plainti...
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MEMORANDUM This is an appeal from the Bankruptcy Court’s memorandum and order denying George E. Kucin, Paul D. Levine, Marvin S. Rice, and Kenneth Rodriguez (collectively, the “Executives”) motions for allowance of administrative expense claims. 1 Deborah H. Devan, the Chapter 7 Trustee for the bankrupt estate of Merry-Go-Round Enterprises, Inc. (“MGRE”), filed a cross-appeal arguing that the...
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ORDER Plaintiff, KeyCorp (“KeyCorp”), in its Amended Complaint against Defendant, Key Bank & Trust (“KBT”), asserts federal claims of false designation of origin and service mark infringement, and state law claims of service mark infringement, deceptive trade practices, trade name infringement and unfair competition. KBT filed a counterclaim alleging similar federal and state law clai...
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107 F. Supp. 2d 37 (2000) Jennifer NATION, Plaintiff, v. John H. DALTON, Secretary of the Navy, Defendant. No. CIV.A 98-287 SSH. United States District Court, District of Columbia. July 21, 2000. *38 *39 Gary R. Myers, Washington, DC, for Plaintiff. AUSA Daria J. Zane, Office of the United States Attorney, Washington, DC, for Defendant. OPINION STANLEY S. HARRIS, District Judge. Before the Court...
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OPINION Before the Court are defendants’ motion for summary judgment, plaintiffs’ opposition, defendants’ reply thereto, and various supplemental memoranda submitted by defendants. Upon consideration of the parties’ submissions and thé entire record in this case, the Court grants defendants’ motion. Although findings of fact and conclusions of law are unnecessary on decisions of motio...
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109 F. Supp. 2d 11 (2000) Joseph E. TAYLOR, Plaintiff, v. WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY, Defendant. No. CIV.A. 93-891 SSH. United States District Court, District of Columbia. July 10, 2000. *12 Douglas B. Huron, Richard A. Salzman, Heller, Huron, Chertkof, Lerner, Simon & Salzman, Washington, DC, for Plaintiff. Sonia A. Bacchus, Bruce P. Heppen, Assistant General Counsel, Was...
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109 F. Supp. 2d 27 (2000) MCDONNELL DOUGLAS CORPORATION, Plaintiff, v. NATIONAL AERONAUTICS & SPACE ADMINISTRATION, Defendant. No. C.A.96-2611(RCL). United States District Court, District of Columbia. August 8, 2000. *28 Peter L. Wellington, Jerald S. Howe, Michael J. Vernick, Steptoe and Johnson LLP, Washington, DC, for plaintiff. Michael J. Ryan, Assistant United States Attorney, Washington...
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OPINION This is a patent case. Plaintiff KX Industries, L.P. is a Delaware limited partnership 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 owns U.S. Patent No. 5,019,-311 (the ’311 patent) which describes a method for prod...
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109 F. Supp. 2d 902 (2000) (SUPPRESSED), Plaintiff, v. (SUPPRESSED), Defendants. No. 00 C 4590. United States District Court, N.D. Illinois, Eastern Division. July 28, 2000. MEMORANDUM CONCERNING ISSUANCE OF TEMPORARY RESTRAINING ORDER KENNELLY, District Judge. On July 28, 2000, this Court, sitting as Emergency Judge, issued an ex parte temporary restraining order against the defendants in this ...
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MEMORANDUM OPINION Plaintiff Caremark, Inc., through its former parent company, Baxter International, Inc. (“Caremark”), entered into a contract in 1992 with Affiliated Computer Services, Inc., (“ACS”) in which ACS agreed to provide Caremark with data processing and related services. The agreement was amended in 1996. In April of 1999, Caremark brought a breach of contract action in federal cou...
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109 F. Supp. 2d 424 (2000) ESTATE OF Edward D. WHITE, by Suzanne WHITE, Administratrix; and Suzanne White, in her own right Plaintiffs, v. R.J. REYNOLDS TOBACCO COMPANY and Brown & Williamson Tobacco Corporation, Defendants. No. S-97-4301. United States District Court, D. Maryland. July 25, 2000. *425 *426 Donald S. Saiontz, Law Office, Baltimore, Md, Henry I. Greenberg, Greenberg Law Office,...
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MEMORANDUM OPINION This matter comes before the Court on an appeal by Donald and Karen St. Clair (“appellants” or “debtors”) from an Order of the bankruptcy court dated October 15, 1999, which, inter alia, granted prospective relief from the automatic stay, and an Order dated December 2, 1999, denying appellants’ motion for reconsideration and a stay pending appeal (collectivel...
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ORDER This matter comes before the Court on appeal from a Memorandum Opinion and Order entered by the Bankruptcy Court for the Eastern District of Virginia. For the reasons stated below, the decision of the Bankruptcy Court is AFFIRMED. I. FACTUAL AND PROCEDURAL BACKGROUND On May 4, 1993, David Rufus Lawrence and Elizabeth Lawrence (“Debtors”) filed a Chapter 13 bankruptcy p...
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MEMORANDUM OPINION Plaintiffs Lisa B. Kemler and James C. Clark, substitute judges in the state of Virginia, are suing for declaratory and in-junctive relief. They claim that an advisory opinion issued by the Judicial Ethics Advisory Committee (“JEAC”), which is susceptible of enforcement by the Judicial Inquiry and Review Commission (“JIRC”) and the Supreme Court of Virginia, violates th...
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MEMORANDUM OPINION Barbara S. Lucas instituted this personal injury action against Bio-Lab, Inc. and Wal-Mart Stores, Inc. asserting claims of failure to warn (Count I) and defective packaging (Count II). As a result of these alleged product defects, Lucas claims to have sustained injuries when she was transporting a chemical product, Aqua Chem, which is made and marketed by Bio-Lab and s...
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*551 OPINION This matter comes before the Court on motions of both parties. Plaintiff, Michael Naples, moves (1) to amend his Complaint pursuant to Federal Rule of Civil Procedure 15(a), in an attempt to remove all federal questions from his Complaint and (2) to remand to state court. Defendant, the New Jersey Sports & Exposition Authority, moves for dismissal purs...
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OPINION This matter is opened before the Court upon the motion of defendants Mody Enterprises, Inc., Bharat Mody and Champa Mody for dismissal of the complaint against them pursuant to Federal Rule of Civil Procedure 12(b)(2) for lack of personal jurisdiction in this Court over defendants and Rule 12(b)(3) for improper venue. In the alternative, defendants move for a transfer of this ...
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*484 MEMORANDUM OPINION AND ORDER I.Introduction This matter is before the Court for decision following a bench trial conducted from October 6,1999 until October 8,1999. The matter having been briefed by both parties in trial briefs jointly filed on December 20, 1999, the Court finds this matter ripe for judicial determination. II.Legal Standards Collision liabilit...
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MEMORANDUM OPINION AND ORDER This matter is before the Court on Defendant’s Motion to Dismiss for want of personal jurisdiction of the Court pursuant to the Federal Rules of Civil Procedure. The parties, with leave of the Court, have engaged in extensive briefing and counter-briefing. Oral arguments were heard by the Court on April 26, 2000. In light of the briefing and oral argument offe...
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ORDER This case originated in the Common Pleas Court of Franklin County, Ohio. Plaintiff alleges that in August, 1997, she entered into a contract for paging services with defendant Paging Network of Ohio, Inc. (“PageNet”) and that thereafter, Pa-geNet unilaterally changed the terms of her contract reducing the number of free calls she was entitled to make per month. PageNet removed the actio...
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109 F. Supp. 2d 746 (2000) JOEST VIBRATECH, INC., Plaintiff, v. NORTH STAR STEEL COMPANY, et al., Defendants. No. 4:00-CV-810. United States District Court, N.D. Ohio, Eastern Division. August 9, 2000. *747 Diane A. Calta, Joseph W. Diemert, Jr., Joseph W. Diemert, Jr. & Associates, Cleveland, OH, for Joest Vibratech, Inc., plaintiffs. M. Charles Collins, Eastman & Smith, Toledo, OH, for ...
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MEMORANDUM OPINION AND ORDER This matter is before the Court upon the motion of the Plaintiff, Bob D. Stone (“Stone”), for enlargement and/or continuance (Dkt.# 38). In his motion, the Plaintiff has requested an enlargement of time to respond to the Defendants’ summary judgment motion (Dkt.# 32) pursuant to Fed. R.Civ.P. 6(b)(1), and a continuance to conduct or compel discovery pursuant to Fed.R.C...
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110 F.Supp.2d 597 (2000) Terry W. HOCKENBERRY, Administrator of the Estate of Terry W. Hockenberry, Jr. Plaintiff, v. THE VILLAGE OF CARROLLTON, et al., Defendants. No. 5:00-CV-127. United States District Court, N.D. Ohio, Eastern Division. August 3, 2000. *598 *599 Alec Berezin, Dworken & Berstein, Painesville, Gordon S. Friedman, Friedman & Gilbert, Cleveland, OH, for Terry W. Hockenber...
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ORDER On April 19, 2000, the Court heard oral argument on Defendant’s Motion for Summary Judgment, (Ct.Rec.12), Plaintiffs Motion for Partial Summary Judgment, (Ct.Rec.20-1), and Plaintiffs Motion for Stay of Proceedings, (Ct.Rec.20-3). Plaintiff Thomas Randall Hargrove was represented by his attorney George M. Ahrend. Defendant Rosalie Riley was represented by her attorney Jerry J. Mober...
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MEMORANDUM OPINION This case presents the questions of whether surveillance evidence conducted by a defendant in a personal injury case is discoverable if the defendant only intends to use the evidence for impeachment purposes, and whether such evidence is protected by the attorney work product doctrine. Finding that the federal discovery rules require discovery of such evidence, and that it is ...
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MEMORANDUM OPINION AND ORDER This matter is before the Court on motions for summary judgment filed by Alexis Herman, Secretary of Labor and by Dairy Fresh Corporation. At the heart of this case is whether plaintiff Dairy Fresh Corporation (“Dairy Fresh”) can bring an action which, if successful, would drastically reduce the holdings of the Employee Stock Ownership Plan (hereinafter “t...
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109 F. Supp. 2d 384 (2000) Tara VOORHEES, Plaintiff, v. TIME WARNER CABLE NATIONAL DIVISION, t/d/b/a Lower Bucks Cablevision, Defendant. No. CIV. A. 99-4727. United States District Court, E.D. Pennsylvania. August 14, 2000. *385 Timothy M. Kolman, Langhorne, PA, for plaintiff. William J. Delany, Philadelphia, PA, for defendant. MEMORANDUM LOWELL A. REED, Jr., Senior District Judge. Plaintiff Tar...
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OPINION Plaintiff Champ Hallett (“Hallett”) brings this action for declaratory, injunc-tive, and compensatory relief alleging that while he was incarcerated in the custody of the New York State Department of Correctional Services (“DOCS”), first in Elmi-ra Correctional Facility (“Elmira”) and then in Green Haven Correctional Facility (“Green Haven”), defendants denied him access to sp...
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109 F. Supp. 2d 1186 (2000) UNION PACIFIC RAILROAD COMPANY, et al., Plaintiffs, v. CALIFORNIA PUBLIC UTILITIES COMMISSION, et al., Defendants. No. C 97-3660 TEH. United States District Court, N.D. California. July 20, 2000. *1187 *1188 *1189 Maureen E. Mahoney, Latham & Watkins, Washington, D.C., Linda A. Bagley, Latham & Watkins, Menlo Park, CA, Laura McKinney, Environmental Law Foundati...
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OPINION AND ORDER On June 8, 2000, Defendant Ravens, Inc., filed a motion for summary judgment in this action arising under the Americans with Disabilities Act of 1990 (“the ADA” or “the Act”), 42 U.S.C. § 12101 et seq. [Doc. 16]. Ravens’ primary contention is that Plaintiff Thomas P. Jones is not substantially limited in the major life activity of working. Defendant Ravens als...
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MEMORANDUM OPINION Business plaintiffs PSINet, Inc., Char-lottesville Sexual Health & Wellness Clinic, Portico Publications Ltd., Silverchair Science + Communications, Inc., Rock-bridge Global Village, Sexual Health Network, A Different Light Bookstores, Lambda Rising Bookstores, and Biblio-bytes, Inc. joined by membership organization plaintiffs, The Commercial Internet Exchange Asso...
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107 F. Supp. 2d 1192 (2000) Clinton REILLY, Plaintiff, v. The HEARST CORPORATION and The Chronicle Publishing Company, Defendants. No. C-00-0119-VRW. United States District Court, N.D. California. July 27, 2000. *1193 Joseph M. Alioto, Joseph M. Alioto Law Firm, San Francisco, CA, John G. Shulman, Daniel R. Shulman, Jim Hilbert, Shulman, Walcott & Shulman, P.A., Minneapolis, MN, Angelina Alio...
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109 F. Supp. 2d 482 (2000) John VEAZEY and Tonya Veazey v. ASCENSION PARISH SCHOOL BOARD, State of Louisiana, Barbara Leblanc, Susan Robinson, and Shelby Robert No. CIV. A. 98-377-B-M2. United States District Court, M.D. Louisiana. August 2, 2000. Paul Leonard Veazey, Jr., Stockwell, Sievert, Viccellio, Clements & Shaddock, Lake Charles, for John Veazey, Tonya Veazey, plaintiffs. Jeffery Paul...
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107 F. Supp. 2d 1332 (2000) Reverend Melvin EASILEY, et al., Plaintiffs, v. NORRIS, a Dover Resources Company, Defendant. No. 99-CV-196-K. United States District Court, N.D. Oklahoma. August 9, 2000. *1333 Marilyn D. Barringer, Oklahoma City, OK, Grover G. Hankins, Houston, TX, David C. Phillips, III, DC Phillips & Assoc, Tulsa, OK, for plaintiffs. William Kirk Turner, Kyle L. Buchanan, Danie...
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MEMORANDUM DECISION ON APPEAL In this bankruptcy appeal, George T. Carlson & Associates (Carlson) challenges the bankruptcy court’s denial of attorney fees for time spent in preparing and prosecuting a fee application. 1 Carlson argues the bankruptcy court abused its discretion in denying compensation because the court acted in an arbitrary, capricious, and whimsical manner by ...
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109 F. Supp. 2d 390 (2000) George ALLRED, Petitioner, v. UNITED STATES PAROLE COMMISSION, et. al., Respondents. No. CIV. A. 99-663. United States District Court, E.D. Pennsylvania. August 15, 2000. Michael C. Kostelaba, Wilkes-Barre, PA, for Petitioner. Peter F. Schenk, Faithe Moore Taylor, U.S. Attorney's Office, Philadelphia, PA, for Respondents. MEMORANDUM EDUARDO C. ROBRENO, District Judge. ...
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110 F.Supp.2d 859 (2000) CHANDLER NATURAL GAS CORPORATION, Olive Lewellyn and John Lewellyn, Plaintiffs v. Larry BARR, Jack Pike and W. David Rector, as Commissioners of Warrick County, State of Indiana, Bruce Hargrave, as Sheriff of Warrick County, Indiana, and Shawn Weiss, Individually and as Deputy Sheriff of Warrick County, Indiana, and John Does 1-10, et al., Defendants. No. EV 97-9-C-Y/H. U...
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111 F.Supp.2d 586 (2000) PRECISION SURGICAL, INC., et al., v. TYCO INTERNATIONAL, LTD., et al. No. CIV. A. 00-990. United States District Court, E.D. Pennsylvania. August 15, 2000. *587 Mitchell A. Kramer, Mitchell A. Kramer & Associates, Rydal, PA, for Plaintiffs. Eleanor Morris Illoway, John G. Harkins, Jr., Gay Barlow Parks Rainville, Harkins Cunningham, Philadelphia, PA, for Defendants. ...
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109 F.Supp.2d 394 (2000) Jeffrey CURRAN, Plaintiff, v. SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY, Ronald Sharpe, and Lieutenant Vandyke Rowell, Defendants. No. CIV. A. 98-134. United States District Court, E.D. Pennsylvania. August 15, 2000. *395 Thomas H. Kohn, Philadelphia, PA, for Plaintiff. Gaetan J. Alfano, Philadelphia, PA, for Defendants. MEMORANDUM LOWELL A. REED, Jr., Senior Di...
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111 F.Supp.2d 602 (2000) Alexis M. HERMAN, Secretary of Labor, United States Department of Labor, Plaintiff, v. LOCAL 1695, UNITED AUTOMOBILE, AEROSPACE & AGRICULTURAL IMPLEMENT WORKERS OF AMERICA, International Union, United Automobile, Aerospace & Agricultural Implement Workers of America, AFL-CIO, Defendant. No. CIV. A. 99-1860. United States District Court, E.D. Pennsylvania. August 1...
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MEMORANDUM & ORDER Plaintiffs John Padberg (“Padberg”), Clifford Paolillo (“Paolillo”) and Rashid Ahmed (“Ahmed”) bring this motion on behalf of themselves and a putative class of taxicab drivers, seeking a temporary restraining order and a preliminary injunction prohibiting defendant New York City Taxi and Limousine Commission (“TLC”) from revoking Paolillo’s and Ahmed’s licenses, an...
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OPINION AND ORDER I. INTRODUCTION This matter is before the Court on the Defendant’s Motion for Summary Judg *869 ment. The Plaintiff, Joseph L. Howard, has brought suit under the Fair Housing Amendments Act of 1988, 42 U.S.C. §• 3601, (“FHAA”), and under subsections 4112.02(H)(1), (4), (18) and (19) of the Ohio Revised Code, claiming the Defendant denied his request...
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106 F. Supp. 2d 905 (2000) FORD MOTOR COMPANY v. TEXAS DEPARTMENT OF TRANSPORTATION, et al. No. A 99 CA 764 SS. United States District Court, W.D. Texas, Austin Division. July 21, 2000. *906 *907 Billy M. Donely, David R. Jarrett, Baker & Hostetler, Houston, TX, Kenneth R. Valka, Baker & Hostetler, Houston, TX, William A. Zolbert, Office of General Counsel, Ford Motor Company, Dearborn, M...
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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 filed on July 18, 200...
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109 F.Supp.2d 739 (2000) UNITED STATES of America, et. al., Plaintiffs, v. CITY OF YOUNGSTOWN, Defendant. No. 4:98 CV 2438. United States District Court, N.D. Ohio, Eastern Division. June 28, 2000. *740 Steven J. Paffilas, Office of the U.S. Attorney, Cleveland, OH, Steven D. Ellis, Dept. of Justice, Environmental Enforcement Section, Washington, DC, Lois J. Schiffer, Dept. of Justice, Environmen...
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RECUSAL OPINION AND ORDER Ruby Mae Simmons is a legally unsophisticated, middle-aged black woman who appears pro se in this Court. For the reasons explained in the Memorandum Opinion of February 19, 1998, which is appended hereto as Attachment 1 and incorporated herein by reference, this judge rejected the Bankruptcy Court’s recommendation to hold Mrs. Simmons in contempt, reversed the Bankruptcy ...
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106 F.Supp.2d 1289 (2000) Arnold PALMER et al., Plaintiffs, v. GOTTA HAVE IT GOLF COLLECTIBLES, INC., and Bruce Matthews, Defendants/Third Party Plaintiffs, v. International Management, Inc. d/b/a International Management Group, Third Party Defendant. No. 97-0978-Civ. United States District Court, S.D. Florida. June 22, 2000. *1290 *1291 James Miller Kaplan, Anne T. Cirasuolo, Wilson Elser Moskow...
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110 F.Supp.2d 580 (2000) UNITED STATES of America, Plaintiff, v. Kevin Antonio GOODE, Defendant. No. 96-CR-80997-DT. United States District Court, E.D. Michigan, Southern Division. July 11, 2000. Mark C. Jones, Asst. U.S. Atty., Flint, MI, for plaintiff. Kevin Antonio Goode, McKean, MI, pro per. ORDER DENYING DEFENDANT'S MOTION FOR NEW TRIAL DUGGAN, District Judge. On April 21, 1997, Defendant w...
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109 F. Supp. 2d 688 (2000) UNITED STATES, Plaintiff, v. Lorenzo Lee GREEN, Defendant. No. 99-CR-80736-01. United States District Court, E.D. Michigan, Southern Division. June 14, 2000. Michael O. Lang, Ausa, Detroit, MI, for plaintiff. Paul D. Muller, Farmington, MI, for defendant. OPINION AND ORDER DENYING DEFENDANT'S MOTION TO DISMISS INDICTMENT DUGGAN, District Judge. On July 21, 1999, a fede...
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MEMORANDUM I. Background Plaintiff, Edith M. Cottrill, brought this action, pursuant to 42 U.S.C. § 405(g), for review of a final decision of the Commissioner of the Social Security Administration (“Commissioner”) denying her claim for disability insurance benefits (“DIB”) under Title II of the Social Security Act, 42 U.S.C. §§ 401-433. Currently pending are Plaintiffs Motion for Summary ...
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MEMORANDUM OPINION This matter comes before the Court on defendant Export-Import Bank’s (“the Bank”) motion for summary judgment and plaintiff Judicial Watch’s cross-motion for summary judgment. For the following reasons, defendant’s motion is granted in part and denied in part, and plaintiffs motion is granted in part and denied in part. BACKGROUND I. Facts On May 22, ...
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109 F. Supp. 2d 905 (2000) SPEARMAN INDUSTRIES, INCORPORATED, Plaintiff, v. ST. PAUL FIRE AND MARINE INSURANCE COMPANY, Defendant. No. 00 C 1581. United States District Court, N.D. Illinois, Eastern Division. August 8, 2000. *906 Kevin John Moore, John David Silk, Rothschild, Barry & Myers, P.C., Chicago, IL, for Plaintiff. Roderick T. Dunne, Daniel C. McCabe, Peterson & Ross, Chicago, IL...
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MEMORANDUM Presently before the Court is a motion by plaintiff Marie N. Jackson seeking a protective order preventing discovery of her current and ongoing mental health records as well as the identity of her current mental health care provider, pursuant to Fed. R.Civ.P. 26(c). The Court has reviewed the moving, opposition, and reply papers, and heard argument on the matter on March 6, 2000. For th...
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101 F. Supp. 2d 839 (2000) Inetha M. CARR, Plaintiff, v. CENTRAL PIEDMONT ACTION COUNCIL INC., Defendant No. CIV. A. 98-0056-L. United States District Court, W.D. Virginia, Lynchburg Division. January 27, 2000. *840 Harrison Benjamin Wilson, III, Richmond, VA, for Inetha Michelle Carr. Carlene Booth Johnson, Perry & Windels, Dillwyn, VA, for Central Piedmont Action Council. MEMORANDUM OPINIO...
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MEMORANDUM — DECISION & ORDER The present action arises out of a Complaint filed on October 1, 1999 by Victoria and Julio Maldonado (“Plaintiffs”) against Marten and Carol Rogers (“Defendants”) *236 for injuries sustained in connection with an automobile accident on 1-84 near West Hartford, Connecticut. Plaintiff Victoria Maldonado, a passenger at the time of the accident, br...
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OPINION Three Defendants — Wadih El Hage (“El Hage”), Mamdouh Mahmud Salim (“Sal-im”), and Ali Mohamed (“Mohamed”)— have filed motions seeking a severance of their trial from that of certain co-defendants. For the reasons set forth below, and as stated in open court on August 2, 2000, those motions are denied. BACKGROUND 1 The Indictment in this case alleges the existenc...
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AMENDED OPINION Presently before the Court are defendants’ motions for summary judgment. Plaintiff Gaye Newsome alleges that she was sexually harassed by her supervisor, defendant William Coleman, during her tenure at defendant Administrative Office of the Courts (“AOC”), in violation of Title VII of the Civil Rights Act of 1964, 42 *811 U.S.C. § 2000e et seq. (“Ti...
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101 F. Supp. 2d 580 (2000) UNITED STATES of America v. Christopher GRAY. No. 1:00-CR-17. United States District Court, E.D. Tennessee. June 8, 2000. *581 Frank Perry, Frank B. Perry & Associates, Ringgold, GA, for defendant. Gary S Humble, US Department of Justice, Office of US Attorney, Chattanooga, TN, for plaintiff. MEMORANDUM COLLIER, District Judge. Before the Court are Defendant's oral...
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151 F.Supp.2d 905 (2000) CHURCH MUTUAL INSURANCE COMPANY, Plaintiff, v. SAVE-A-BUCK CAR RENTAL COMPANY, INC., a Michigan corporation, Defendant. No. 199-CV-52. United States District Court, W.D. Michigan, Southern Division. August 4, 2000. *906 Mary C. Rentz, Milind Parekh, Plunkett & Cooney, PC, Detroit, MI, for plaintiff. Raymond W. Morganti, Siemion, Huckabay, Bodary, Padilla et al., South...
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111 F.Supp.2d 1130 (2000) Eileen W. HARRISON, Plaintiff, v. Eldon F. COFFMAN, in his official capacity as the Chairman of the Arkansas Workers' Compensation Commission; and Michael K. Wilson, in his official capacity as a Commissioner of the Arkansas Workers' Compensation Commission, Defendants. No. LR-C-98-716. United States District Court, E.D. Arkansas, Western Division. July 27, 2000. *1131 J...
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SENTENCING ORDER Juan Galvez pled guilty to conspiring to steal goods from a conveyance in interstate commerce in violation of 18 U.S.C. § 371 and 18 U.S.C. § 659. For sentencing purposes, Mr. Galvez’ offense level must be determined with reference to the “loss” his crime caused. See U.S.S.G. §§ 2Xl.l(a) & 2Bl.l(b)(l). I. Facts Mr. Galvez, a truck driver, participated...
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101 F. Supp. 2d 551 (2000) Michael DAVILA, Plaintiff, v. OHIO EDISON COMPANY, et al., Defendants. No. 4:99CV1198. United States District Court, N.D. Ohio. June 27, 2000. *552 Alan S. Belkin, Law Offices of Alan S. Belkin, Cleveland, OH, for plaintiff. Gary W. Spring, Aretta K. Bernard, Roetzel & Andress, Gary D. Benz, FirstEnergy Corp., Akron, OH, for defendants. MEMORANDUM OPINION AND ORDER...
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107 F. Supp. 2d 1061 (2000) Michael TAYLOR, Plaintiff, v. Everett THORNTON, Defendant. No. 95-1306-CV-W-6-P. United States District Court, W.D. Missouri, Western Division. August 2, 2000. *1062 Michael B Taylor, Topeka, KS, plaintiff pro se. Bruce W. Simon, Simon & Simon, Kansas City, MO, H. Reed Walker, Robert A. Kumin, P.C., Mission, KS, Daniel E. Stuart, Overland Park, KS, for Everett Thor...
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122 F. Supp. 2d 1195 (2000) UNITED STATES of America, Petitioner, v. Craig A. KENNEDY, as Trustee of Vanguard Global Services Trust and Faith Heritage Family Trust, Respondent. No. 00-MC-8-K(J). United States District Court, N.D. Oklahoma. August 3, 2000. *1196 Martin M. Shoemaker, U.S. Dept. of Justice, Tax Div., Washington, DC, for U.S. Craig A. Kennedy, Broken Arrow, OK, for Craig A. Kennedy. ...
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109 F. Supp. 2d 1031 (2000) Susan LARA, Plaintiff, v. HARVEYS IOWA MANAGEMENT CO., INC., and/or Harveys Casino, Defendant. No. 1-98-CV-90058. United States District Court, S.D. Iowa, Western Division. August 8, 2000. Howard M. Cohen, Birmingham, MI, for Plaintiff. *1032 Thomas M. Locher, Omaha, NE, for Defendant. ORDER PRATT, District Judge. This matter comes on Defendant's Motion for Summary Ju...
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110 F.Supp.2d 1144 (2000) Scott D. NEUENDORF, Petitioner, v. Leonard GRAVES, Warden, Respondent. No. C 99-2083-MWB. United States District Court, N.D. Iowa, Eastern Division. August 4, 2000. *1145 *1146 David N. Nadler, Cedar Rapids, IA, for Petitioner. Thomas W. Andrews, Asst. Iowa Atty. Gen., Des Moines, IA, for Respondent. WITHDRAWAL OF REFERRAL TO MAGISTRATE JUDGE AND MEMORANDUM OPINION AND ...
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MEMORANDUM-DECISION and ORDER I. INTRODUCTION Plaintiffs Gary P. Frazier and Kimberly Frazier commenced this action on January 19, 1999, in Supreme Court of the State of New York, Saratoga County, against the defendant, Royal Insurance Company of America (“Royal Insurance,” “company,” or “insurer”), arising from an arbitration award and judgment against the company’s insured,...
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MEMORANDUM DECISION In this employment discrimination case, plaintiff Lawrence J. Connell alleges that defendant Consolidated Edison Company of New York, Inc. (“Con Edison”) unlawfully terminated his employment because of his age. Defendant moves for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. Defendant presents compelling evidence that Connell was te...
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110 F. Supp. 2d 572 (2000) UNITED STATES of America, Plaintiff, v. D-2 James ARMSTRONG, Defendant. No. 97-CR-80731-02. United States District Court, E.D. Michigan, Southern Division. June 22, 2000. *573 Jonathan Epstein, Detroit, MI, for plaintiff. Margaret E. Davis, AUSA, Detroit, MI, for defendant. OPINION AND ORDER DENYING DEFENDANT'S MOTION TO DISMISS COUNTS III & IV OF INDICTMENT DUGGAN...
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MEMORANDUM ORDER Citing Rules 11(b) and 56(g) of the Federal Rules of Civil Procedure, 28 U.S.C. § 1927, and the Court’s inherent power, plaintiff brings this motion for attorneys’ fees and costs incurred in opposing defendants’ recent motion for summary judgment. For the reasons stated herein, plaintiffs application is denied. *350 BACKGROUND In August 1999, this e...
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110 F. Supp. 2d 567 (2000) ACME ROLL FORMING COMPANY, Plaintiff, v. THE HOME INSURANCE COMPANY, Defendant. No. 99-CV-73153-DT. United States District Court, E.D. Michigan, Southern Division. June 7, 2000. *568 J. Leonard Hyman, Birmingham, MI, for plaintiff. John C. Patrick, Jr., Southfield, MI, for defendant. OPINION DUGGAN, District Judge. On June 23, 1999, plaintiff filed a three-count compla...
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110 F. Supp. 2d 276 (2000) ADCO PRODUCTS, INC., Plaintiff, v. CARLISLE SYNTEC INCORPORATED, Defendant. No. Civ.A. 99-359-RRM. United States District Court, D. Delaware. August 11, 2000. *277 *278 Richard K. Herrmann, Mary B. Matterer, Blank Rome Comisky & McCauley LLP, Wilmington, DE, Robert G. Krupka, Kirkland & Ellis, Los Angeles, CA, Sarah O. Slover, Clifford E. Wilkins, Jr., Maxine Y....
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109 F. Supp. 2d 935 (2000) Xadrian MCCRAVEN, Plaintiff, v. CITY OF CHICAGO, a municipal corporation, Glenn E. Carr, John F. Harris, Thomas Sadler, Valerie C. Rodgers, and Raymond Johnson, Defendants. No. 97 C 8845. United States District Court, N.D. Illinois, Eastern Division. August 11, 2000. *936 *937 Steven A. Adatto, Kusper & Raucci, Chtd, Chicago, IL, for Plaintiff. Daphna Leah Boros, Ci...
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MEMORANDUM OPINION AND ORDER This bankruptcy appeal involves a bizarre tale of murder and deceit as factual *712 matters, but none of that drama carries over to the remarkably clear-cut legal issues. This memorandum opinion and order will first lay out the factual matrix briefly, omitting the details that would make for an interesting TV soap opera script but are irrelevant to the legal ana...
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109 F. Supp. 2d 332 (2000) Susan J. KOSCHOFF, Plaintiff, v. William J. HENDERSON, Postmaster General, United States Postal Service, Defendant. No. Civ.A.98-CV-2736. United States District Court, E.D. Pennsylvania. July 13, 2000. *333 *334 Joan E. London, Reading, PA, for plaintiff. Benjamin R. Barnett, AUSA, Philadelphia, PA, for defendant. MEMORANDUM DECISION AND ORDER VAN ANTWERPEN, District J...
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ORDER GRANTING SUMMARY JUDGMENT I. Introduction Plaintiff M2 Software, Inc. brings this action for damages against defendants Viacom, Inc., Viacom International, Inc. and MTV Networks Company for trademark infringement and unfair competition. Plaintiff owns the federally registered trademark for the M2 mark. Plaintiff asserts that defendants unlawfully infringed the M2 mark when...
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109 F. Supp. 2d 44 (2000) BLACKLIGHT POWER, INC., Plaintiff, v. Q. Todd DICKINSON, Commissioner of Patents and Trademarks, Defendant. Civil Action No. 00-422(EGS). United States District Court, District of Columbia. August 15, 2000. *45 Michael H. Selter, Farkas & Manelli, P.L.L.C., Jeffrey Allan Simenauer, Washington, DC, for Plaintiff. Fred E. Haynes, U.S. Attorney's Office, Washington, DC,...
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109 F. Supp. 2d 285 (2000) In re CENDANT CORPORATION SECURITIES LITIGATION No. CIV. 98-1664(WHW). United States District Court, D. New Jersey. August 16, 2000. *286 Dennis J. Block, Cadwalader, Wickersham & Taft, New York City. James E. Lyons, Thomas Stevens, Skadden, Aps, Slate, Meagher & Flom, LLP, San Francisco, CA. Carl Greenberg, Budd Larner Gross Rosenbaum Greenberg & Sade P.C.,...
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109 F.Supp.2d 872 (2000) Thomas J. BLADE, Plaintiff, v. U.S. BANKRUPTCY COURT, et al., Defendants. No. C-1-98-699. United States District Court, S.D. Ohio, Western Division. August 2, 2000. Donald B. Hordes, Eric S. Clark, Schwartz, Manes & Ruby, Cincinnati, OH, for Plaintiff. Gerald F. Kaminski, Office of U.S. Attorney, Cincinnati, OH, for Defendant. OPINION BERTELSMAN, District Judge.[1] T...
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*733 AMENDED RULING ON MOTION FOR SUMMARY JUDGMENT The court hereby amends its previous ruling on motion for summary judgment dated March 22, 2000 (doc. 35) as follows: Before the court is a motion for summary judgment filed on behalf of defendant, Georgia Gulf Corporation (“Georgia Gulf’). Plaintiffs have filed an opposition. There is no need for oral argument. Jurisdiction...
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RULING ON MOTIONS This matter is before the court on Georgia Gulf Corporation’s (“Georgia Gulf’) motion to dismiss and North American Specialty Insurance Company’s (“NAS”) motion for summary judgment. Both motions are opposed. There is no need for oral argument. Jurisdiction is based upon 28 U.S.C. § 1332. On February 1, 2000, United States Magistrate Judge Christine A. Noland issued...
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109 F. Supp. 2d 908 (2000) Peter SPIZZIRRI, Plaintiff, v. VILLAGE OF BENSENVILLE, John Geils, individually and in his official capacity as Village President, Kurt Bressner, individually and in his official capacity as Village Manager and acting Police Chief, Ray Basso, individually and in his official capacity as Village Trustee, Barbara Wanzung, individually and in her official capacity as Villa...
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OPINION AND ORDER This cause is before the Court on four Motions of Defendant WMC Mortgage Corporation (“WMC”) to Compel Arbitration and to Stay Proceedings Pending Arbitration. WMC has filed four essentially identical motions to compel arbitration, one against each of Plaintiffs Freddie Blount, Barbara Bell, Victor and Sandra Funchess (collectively “Funchesses”) and Rebecca Glavotella. After...
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MEMORANDUM OPINION AND ORDER Today we issue two opinions resolving various motions to dismiss this securities fraud lawsuit. The first opinion denies in part and grants in part Defendant KPMG’s motion to dismiss the claims against it, (“Chu I”). In this opinion, (“Chu II ”), we resolve motions to dismiss by each of the remaining individual defendants. 1 ...
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*629 RULING ON PEREMPTION ISSUE This action arises from a fire that occurred at the Exxon East Coker facility in 1993. Numerous claims have been filed against Exxon Corporation (“Exxon”) in this Court seeking damages allegedly sustained as a result of the fire. Exxon filed an answer denying liability. In this same matter, Exxon also filed a third party claim against Foster Wheele...
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MEMORANDUM OPINION AND ORDER BACKGROUND By Order of this Court dated May 1, 2000, this Court granted the Department of Housing and Urban Development’s (hereinafter “HUD”) motion for summary judgment and granted it permanent injunctive relief. Currently before the Court is the motion of the City of Saint Paul (hereinafter the “City”) for a stay of the Court’s Order enjoining the City from enforcem...
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109 F. Supp. 2d 62 (2000) Carmen Marta RAMIREZ RAMIREZ, et al., Plaintiffs, v. THE CHASE MANHATTAN BANK, N.A., Defendant. No. CIV. 94-1122(RLA). United States District Court, D. Puerto Rico. July 20, 2000. *63 Isabel Pico Vidal, Hato Rey, PR, for Plaintiffs. Luis A. Oliver Fraticelli, Fiddler, Gonzalez & Rodriguez, San Juan, PR, for Defendant. ORDER IN THE MATTER OF PLAINTIFF'S ENTITLEMENT T...
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MEMORANDUM DECISION ON APPEAL Plaintiff AllCare Home Health, Inc. (“AllCare”) requests judicial review of the final decision of Defendant Donna E. Shalala, Secretary of the Department of Health and Human Services, disallowing $60,000 termed as bonus payments that AllCare claimed as compensation on its Medicare cost report for Vinod Bhasin, its owner/chief executive officer (“CEO”) and his wife,...
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ORDER The above-entitled matter comes before the Court upon the Report and Recommendation of United States Magistrate Judge John M. Mason dated April 6, 2000. No objections have been filed to that Report and Recommendation in the time period permitted. Based upon the Report and Recommendation of the Magistrate Judge, and all of the files, records and proceedings herein, IT IS HEREBY ORDERED that...
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112 F. Supp. 2d 1058 (2000) Leslie R. WEATHERHEAD, Plaintiff, v. UNITED STATES of America, et al., Defendants. No. CS-95-519-FVS. United States District Court, E.D. Washington. August 10, 2000. *1059 *1060 *1061 *1062 Gregory James Workland, Spokane, WA, Andrew G McBride, Cooper Carvin & Rosenthal, Washington, DC, for plaintiff. James Richard Shively, U.S. Attorney's Office, Spokane, WA, John...
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109 F.Supp.2d 1027 (2000) Maria MANJAVINOS, Plaintiff, v. Kenneth S. APFEL, Commissioner of Social Security, Defendant. No. CIV.4-99-CV-10390. United States District Court, S.D. Iowa, Central Division. May 31, 2000. *1028 H. Edwin Detlie, Attorney at Law, Ottumwa, IA, for Plaintiff. Christopher D. Hagen, Assistant U.S. Attorney, Des Moines, IA, for Defendant. ORDER LONGSTAFF, District Judge. Pla...
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MEMORANDUM OPINION AND ORDER I. INTRODUCTION Petitioners St. Paul Fire and Marine Insurance Company and St. Paul Guardian Insurance Company (collectively, “St. Paul”) seek to compel arbitration [Doc. No. 1] against Respondent Courtney Enterprises, Inc. (“Courtney”). In response, Courtney filed a motion to dismiss for lack of personal jurisdiction [Doc. No. 3]. The undersigned United ...
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MEMORANDUM AND ORDER Hix Corporation filed suit against National Screen Printing Equipment, Inc., Ben Swigart and John Doe, alleging that they unlawfully procured and used Hix trade secrets in the manufacture of a mug press machine. This matter is before the Court on Defendants National And Swi-gart’s Motion To Dismiss For Failure To State A Claim And For Lack Of Subject Matter ...
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109 F. Supp. 2d 1319 (2000) Marie AQUILINO, Ph.D., Plaintiff, v. UNIVERSITY OF KANSAS, Defendant. Civil Action No. 99-2231-KHV. United States District Court, D. Kansas. July 31, 2000. *1320 *1321 Alan V. Johnson, Stephen D. Lanterman, Sloan, Listrom, Eisenbarth, Sloan & Glassman, Topeka, KS, W. thomas Stratton, Topeka, KS, for Plaintiff. Rose A. Marino, Barbara L. McCloud, Office of General C...
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ORDER The Court here considers an unsettled question of law: Is an employee benefits plan, qualified under the Employee Retirement Income Security Act (“ERISA”) of 1974, 29 U.S.C. § 1001 et seq., liable for interest on plan benefits paid after a period of delay absent a showing of fault? The question is before the Court on cross-motions for summary judgment, pursuant to Rule 56...
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MEMORANDUM AND ORDER This matter comes before the Court on class counsel’s Motion For Approval Of Revised Plan Of Allocation (Doc. #1040) filed May 26, 2000 and Motion For Attorney’s Fees (Doc. #1027) filed by Gerald H. Abrams on April 25, 2000. For reasons stated below, the Court approves the revised plan of allocation and overrules the motion for attorney’s fee...
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MEMORANDUM OPINION AND ORDER THIS MATTER comes before the Court on Defendant John Kalejta’s Motion for Summary Judgment (Docket No. 379), filed July 2, 1999; Defendant Harry Pacheco’s Motion for Summary Judgment (Docket No. 382), filed July 2, 1999; Defendant Jim Atkins’ Motion for Summary Judgment (Docket No. 385), filed July 2, 1999; Defendant Nora Buchanan’s Motion for Summary Judgment (Do...
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Memorandum Opinion This is a claim filed pursuant to the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. §§ 1401, et seq. Before the Court is Petitioner’s Motion for Judgment on Appeal and Request for Court to Receive Additional Evidence. (See Docket Entry, hereinafter “DE,” 19.) BACKGROUND Procedural History On 11 November 1996, Tiffiney Johnson (“Petitioner”) by an...
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109 F.Supp.2d 1059 (2000) UNITED STATES of America, Plaintiff, v. Deshaun Raffles MURPHY, Defendant. Crim. No. 4-95-103(8)(DSD/FLN), Civ. No. 99-2063 (DSD). United States District Court, D. Minnesota. August 7, 2000. *1060 Henry J. Shea, Assistant U.S. Attorney, Minneapolis, MN, for plaintiff. Deshaun R. Murphy, Pekin, IL, pro se. ORDER DOTY, District Judge. This matter is before the court on de...
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Memorandum and ORDER Plaintiff Ralph B. Torgerson sues his neighbor Michael J. Writsel pursuant to 42 U.S.C. § 1983 (1994 & Supp.2000) for false arrest and malicious prosecution stemming from events occurring in early July 1994. These claims are all that remain of plaintiffs initial suit against Kings County District Attorney Charles Hynes, former Police Commissioner William Bratton, ...
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MEMORANDUM AND ORDER Plaintiffs brought this action under the Federal Tort Claims Act to recover damages arising from injuries sustained by Jerome Glover (“Glover” or “Mr. Glover”) during an automobile accident involving a United States Postal Service (“USPS”) vehicle. Defendant now moves to dismiss, or in the alternative, for summary judgment, on the grounds that (1) Glover failed to commenc...
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*786 OPINION AND ORDER Regency Savings Bank, F.S.B. (“Regency”) appeals from three Orders of the United States Bankruptcy Court for the Southern District of New York (Bohanon, B.J.): (1) confirming the First Amended Plan of Reorganization (the “Plan”) of Fours on Seventh, LLC (the “Debtor”); (2) expunging Regency’s claim; and (3) approving Debtor’s amended disclosure statemen...
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DECISION AND ORDER INTRODUCTION On April 8, 1996, Industrial Ceramics, Inc., a manufacturer of porcelain insulators, filed a Chapter 11 bankruptcy petition. The bankruptcy court subsequently appointed an Official Creditors Committee of Industrial Ceramics, Inc. (“the Committee”), to commence an adversary proceeding against Industrial Ceramics Associates (“Associates”) and ABB Pow...
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OPINION The matter before the court concerns the boundary between sharing and theft, personal use and the unauthorized worldwide distribution of copyrighted music and sound recordings. 1 On December 6, 1999, A & M Records and seventeen other record companies (“record company plaintiffs”) filed a complaint for contributory and vicarious copyright infringement, violations of the ...
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104 F. Supp. 2d 1228 (2000) Marty SCHWARTZ, et al., On Behalf of Themselves and All Others Similarly Situated, Plaintiffs, v. The UPPER DECK COMPANY, Defendant. No. 96 CV 3408-B (AJB). United States District Court, S.D. California. June 21, 2000. Alan McQvarie Mansfield, San Diego, CA, Henry H. Rossbacher, Los Angeles, CA, Elizabeth J. Arlco, San Diego, CA, for plaintiff. Kent B. Goss, Los Angele...
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104 F.Supp.2d 1220 (2000) Gretchen DUMAS, as Guardian ad litem for Nicholas Chaset, On Behalf of Themselves and All Others Similarly Situated, Plaintiffs, v. MAJOR LEAGUE BASEBALL PROPERTIES, INC., Major League Baseball Players Assn., et al., Defendants. No. 98CV1772-B (AJB). United States District Court, S.D. California. June 21, 2000. Kevin P. Roddy, Hagens and Berman, Los Angeles, CA, for plai...
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OPINION AND ORDER The defendants in this case move to dismiss the indictment, arguing that its is barred by the statute of limitations. The indictment was handed up prior to the expiration of the limitations period and placed under seal. Fourteen months elapsed before the defendants were arrested and the indictment was unsealed and during that time, the limitations period ran. The question pr...
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MEMORANDUM & ORDER Having been removed from Suffolk County Supreme Court in May of this year, this action is before the Court on the plaintiffs’ motion to remand, and on the defendants’ motion to vacate a temporary restraining order entered in Supreme Court enjoining Suffolk County from hiring police officers. Because this action has been properly removed, the plaintiffs’ motion to re...
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DECISION & ORDER Plaintiff Prithibee Ghose (“Ghose”) brings this action alleging national origin and racial discrimination by defendants Century 21, Inc., a retail department stox^e, and James Betesh (“Betesh”), an employee of the store (collectively, “Century 21”). Century 21 has moved for summary judgment on all claims set forth in the Third Amended Complaint, arguing, inter a...
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OPINION AND ORDER This action was commenced in the Southern District of Texas in May 1993 and later that year transferred to this Court, where the underlying transaction remains governed by Texas law. During its seven-year odyssey to date, the case has passed through the dockets of five federal judges, four of them in this District. Yet, as described below, largely on account of the p...
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111 F. Supp. 2d 551 (2000) UNITED STATES of America v. David M. GRIGGS, a/k/a David Briggs, a/k/a David Greggs, a/k/a James Brook, a/k/a David Drummond, and Eric Spencer Saunders, a/k/a Eric Spencer, Defendants. No. 4:CR-00-0072. United States District Court, M.D. Pennsylvania. August 15, 2000. *552 John J. McCann, Assistant U.S. Atty., United States Attorney's office, Williamsport, PA, for Gover...
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110 F.Supp.2d 420 (2000) HARRODS LIMITED, Plaintiff, v. SIXTY INTERNET DOMAIN NAMES, Defendants. No. Civ.A. 00-262-A. United States District Court, E.D. Virginia, Alexandria Division. August 15, 2000. *421 Geoffrey J. Greeves, Greenberg Traurig, Washington, DC, for plaintiff. Attison L. Barnes, III, Gardner, Carton & Douglas, Washington, DC, for defendants. MEMORANDUM OPINION BRINKEMA, Distr...
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109 F. Supp. 2d 982 (2000) UNITED STATES of America, Plaintiff, v. Charles A. STOUT, Defendant. No. 00-CR-20015. United States District Court, C.D. Illinois, Danville/Urbana Division. August 9, 2000. Eugene L. Miller, Assistant U.S. Attorney Urbana, IL, for Plaintiff. Daniel G. O'Day, Cusack, Fleming, Gilfillan & O'Day, Peoria, Roytek, Ltd., Mattoon, IL, for Defendant. ORDER ON APPLICATION F...
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124 F. Supp. 2d 465 (2000) SAGINAW BAY PIPELINE COMPANY, a Partner of Saginaw Bay Area Limited Partnership, CMS Saginaw Bay Company, a Partner of Saginaw Bay Area Limited Partnership, Saginaw Bay Lateral Company, a Partner of Saginaw Bay Lateral Limited Partnership, and CMS Saginaw Bay Lateral Company, a Partner of Saginaw Bay Lateral Limited Partnership, Plaintiffs v. UNITED STATES of America, D...
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ORDER GRANTING PLAINTIFF’S APPLICATION FOR RIGHT TO ATTACH ORDER AND FOR WRIT OF ATTACHMENT I. INTRODUCTION On April 12, 2000, Plaintiff Homes & Land Publishing Ltd. (“Plaintiff’) filed a *1249 Memorandum of Points and Authorities in Support of Application for a Right to Attach Order and Writ of Attachment. Plaintiff then filed the Application for Right to Attach Order a...
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ORDER 1. On February 13, 1998, Hon. Richard J. Arcara, United States District Judge, referred this case, including jurisdiction to hear and report upon dispositive motions, to Hon. Leslie G. Foschio, United States Magistrate Judge. 2. On July 10, 1998, Defendant filed a motion for judgment on the pleadings. 3. On April 7, 1999, Magistrate Judge Foschio issued a Report and Recomm...
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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 May 19, 1999. Motions for summary judgment were filed by defendant Camp Dresser & McKee, Inc. on August 24, 1999, and by defendant Chopra-Lee, Inc. on August 26, 1999. On March 22, 2000, Magistrate Judge Foschio filed a Report and Recommendation, recommending that the defend...
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101 F. Supp. 2d 1299 (2000) Mohamed KAHIN dba Al Baraka Store, Plaintiff, v. UNITED STATES of America, Defendant. No. 99-CV-1903-J LAB. United States District Court, S.D. California. May 2, 2000. Kerry Lee Armstrong, Law Offices of Kerry Lee Armstrong, San Diego, CA, for Mohamed Kahin. U S Attorney CV, U S Attorneys Office, Civil Division, San Diego, CA, for USA. ORDER GRANTING DEFENDANT'S MOTIO...
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ORDER: (1) GRANTING DEFENDANTS’ MOTION TO DISMISS; (2) DENYING PLAINTIFF’S REMAINING MOTIONS AND EX PARTE APPLICATIONS AS MOOT This matter comes before the Court on Defendants President Clinton, Vice President Gore, U.S. Attorney General Janet Reno, IRS Commissioner Charles 0. Ros-soti, IRS Tax Exempt Director Steven T. Miller, and the 98 U.S. Senators’ (“Federal Defendants”) motion to di...
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ORDER The motion of the DVD Copy Control Association (“DVD CCA”) for leave to intervene for the limited purpose of opposing defendants’ application to place certain exhibits produced by it into the public record is granted. Defendants seek a determination that Exhibits AOV, AOU, AIZ, and AOQ, all of which are licensing agreements to which DVD CCA’s predecessor in interest is a party, are not ...
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DECISION AND ORDER The present dispute arises out of Plaintiff Crystalline H20, Inc.’s (“Crystalline”) discovery of an inexpensive and convenient product designed to sanitize swimming pools and its purported agreement with Defendants Edward Orminski, William Kerr, Jr., d/b/a Ortec Development Group and Ortec Development Group, Inc. (collectively “Defendants”) to market and sell that produ...
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OPINION AND ORDER Plaintiff Thomas Schwartz (“Plaintiff’) brings this proposed class action against Dana Corporation/ Parish Division (“Defendant”). Plaintiff alleges violations of Pennsylvania’s Wire Tapping and Electronic Surveillance Control Act (“Wiretap Act”)1 arising from Defendant’s alleged electronic surveillance of oral communications by individuals at Dana Corporation/ Parish Division...
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110 F.Supp.2d 786 (2000) Shawn COX, Plaintiff, v. PREFERRED TECHNICAL GROUP, INC. and Echlin, Inc., Defendants. No. Civ. 1:98CV21. United States District Court, N.D. Indiana, Fort Wayne Division. August 15, 2000. *787 Thomas R. Lemon, Lemon, Armey, Hearn and Leininger, Warsaw, IN, for Thomas R. Lemon, mediator. Kenneth E. Lauter, Denise K LaRue, Haskin, Lauter, Cohen & La Rue, Indianapolis, I...
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OPINION AND ORDER REGARDING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT I. INTRODUCTION Plaintiff Lasandra Berry was injured while driving a stand-up forklift manufac *745 tured by Defendant Crown Equipment Corporation. In her Amended Complaint, Plaintiff claims that the forklift she was driving (the “Crown 35RRTT”) was defectively designed and alleges as theorie...
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111 F.Supp.2d 931 (2000) Debra A. BEENE, Plaintiff, v. ST. VINCENT MERCY MEDICAL CENTER, et al., Defendants. No. 3:99CV7114. United States District Court, N.D. Ohio, Western Division. June 20, 2000. *932 Rolf H. Scheidel, Shumaker, Loop & Kendrick, Toledo, OH, for Defendants. Thomas A. Sobecki, Toledo, OH, for Plaintiff. *933 ORDER CARR, District Judge. This is an employment discrimination ...
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MEMORANDUM OPINION AND ORDER GRANTING PLAINTIFF’S MOTION TO STRIKE THE TESTIMONY OF DR. BANKS Now before the Court is the Plaintiffs Motion to Strike the Testimony of Dr. Robert Banks. (Doc. # 68). The Court, after careful consideration of the pleadings and the applicable law, and after hearing the argument of counsel, hereby finds Plaintiffs motion well taken. I. Background This produc...
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110 F.Supp.2d 348 (2000) In the Matter of Henry G. WOOD, Petitioner/Movant, v. UNITED STATES of America, Respondent. No. 4:CR-90-0276, . 4:CV-93-0031. United States District Court, M.D. Pennsylvania. August 18, 2000. Henry G. Wood, petitioner/movant pro se. ORDER McCLURE, District Judge. BACKGROUND: On August 15, 2000, Henry G. Wood, appearing pro se, filed a motion "pursuant to Rule 60(b)(6) o...
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ORDER GRANTING DEFENDANTS’ MOTIONS TO DISMISS Defendants Allstate Insurance Company (“Allstate”) and Tana Golden (“Golden”) move to dismiss the Complaint. The matter has been fully briefed, and hearings were held on May 24, 2000 and June 19, 2000. 1 Having considered the contents of the Complaint and the arguments set forth by the parties, the Court now rules as follows. ...
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106 F.Supp.2d 997 (2000) UNITED STATES of America, Plaintiff, v. Kim Louis PASSWAITER, Defendant. No. C-99-20840 JF. United States District Court, N.D. California, San Jose Division. July 20, 2000. *998 Brian P. Berson, San Francisco, CA, for plaintiff. Robert S. Mueller, III, United States Attorney, Jane H. Shoemaker, Assistant United States Attorney, San Jose, CA, for defendant. ORDER DENYING ...
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MEMORANDUM AND ORDER This is a civil rights action brought by the Plaintiff, pro se, who names as defendants his ex-wife as well as other individuals involved in the trial of Plaintiffs divorce. The complaint, which is devoid of factual particularities, alleges fraud, perjury and other unspecified criminal conduct on the part of each defendant. A generous reading of the com...
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MEMORANDUM ORDER Pursuant to Local Rule 6.3, plaintiff moves by his attorney, Joan Franklin Mosley, Esq., for reconsideration of this Court’s June 15, 2000, decision to dismiss plaintiffs action for failure to prosecute and failure to comply with orders of the Court. See Copeland v. Rosen, 194 F.R.D. 127 (S.D.N.Y.2000). For the reasons stated below, plaintiffs motion is denied. *21A motion for ...
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109 F.Supp.2d 947 (2000) Eileen MAJKA, Plaintiff, v. PFIZER, INC., Defendant. No. 00 C 4934. United States District Court, N.D. Illinois, Eastern Division. August 15, 2000. Robert S. Majeske, Querrey & Harrow, Ltd., Chicago, IL, for Plaintiff. Stephanie Ann Scharf, William L. Kuhn, IV, Jenner & Block, Chicago, IL, for Defendant. MEMORANDUM OPINION AND ORDER SHADUR, Senior district Judge. Pfizer,...
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111 F. Supp. 2d 921 (2000) Beverly Lynn HUFFMAN, Individually and as Executrix of the Estate of Dennis Allen Huffman, Deceased, Plaintiff, v. SMITHKLINE BEECHAM CLINICAL LABORATORIES, INC., et al., Defendants. No. 3:99CV7138. United States District Court, N.D. Ohio, Western Division. June 20, 2000. *922 *923 Steven P. Collier, Connelly, Jackson & Collier, Toledo, OH, for Plaintiff. Robert M. ...
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109 F. Supp. 2d 948 (2000) THE ALCAR GROUP, INC., a Delaware corporation, Plaintiff, v. CORPORATE PERFORMANCE SYSTEMS, LTD., a foreign corporation, and Richard Bassett, an individual, Defendants. No. 00 C 2186. United States District Court, N.D. Illinois. August 16, 2000. *949 Floyd A. Mandell, Katten Muchin Zavis, Chicago, IL, for plaintiff. John T. Schriver, McDermott, Will & Emery, Chicago...
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110 F.Supp.2d 694 (2000) 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., Plaintiff, v. NATIONAL HOUSING EXCHANGE, INC., APX Mortgage Services, Inc., and Resources Asset Management, Inc.,...
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ORDER STRIKING PLAINTIFF’S PLEADINGS FILED ON JULY 3, 2000; ORDER PRECLUDING PLAINTIFF’S FURTHER FILING OF PLEADINGS IN CASE HEREIN. On June 29, 2000, the Court dismissed with prejudice Plaintiffs action in its entirety and vacated all proceedings. Additionally, the Court struck from the record Plaintiffs June 8, 2000 supplemental pleading entitled “FOR THE CLAIM OF THE JUDGMENT OF THE DAMAGES WIT...
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ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION FOR PARTIAL SUMMARY JUDGMENT The Court HEREBY GRANTS IN PART AND DENIES IN PART Defendants’ Motion for Partial Summary Judgment. Upon review of the parties’ submissions, supporting declarations, statutory and case law, and Good Cause Appearing, the Court HEREBY ORDERS that (1) Defendants Virgin Atlantic and Japan Airlines’ are ...
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OPINION AND ORDER REGARDING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT I. INTRODUCTION This Title VII/ElliottALarsen sex discrimination/retaliation action is presently *759 before the Court on Defendant Sebro Plastics, Inc.’s Motion for Summary Judgment. Plaintiff has responded to Defendant’s Motion, to which Response, Defendant has replied. (Both Plaintiff and ...
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*1296 MEMORANDUM OPINION I. INTRODUCTION This case comes before the court on a review of the Defendant Commodity Credit Corporation’s (“CCC”) 1 denial of payments on five applications of the Plaintiff Production Marketing, L.L.C. (“Production Marketing”) under the Upland Cotton User Marketing Certificate Program (“Upland Cotton Program” or “the Program”). ...
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107 F.Supp.2d 1248 (2000) UNITED STATES of America, Plaintiff, v. Jose Daniel HIGAREDA-RAMIREZ, aka Juan Flores-Calderon, Defendant. No. 99-00066 SOM. United States District Court, D. Hawai`i. July 26, 2000. *1249 Omer G. Poirier, Asst. U.S. Atty., Office of U.S. Atty., Honolulu, HI, for Plaintiff. Samuel P. King, Jr., Honolulu, HI, for Defendant. MOLLWAY, District Judge. ORDER DISMISSING INDICT...
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111 F.Supp.2d 857 (2000) Anthony GRAVES v. Gary L. JOHNSON. No. Civ. G-00-221. United States District Court, S.D. Texas, Galveston Division. August 16, 2000. Roy E. Greenwood, Austin, TX, Jay W. Burnett, Houston, TX, for Anthony Graves, petitioner. Gena Blount Bunn, Texas Attorney General, Austin, TX, for Gary Johnson, Director, TDCJ, ID, respondent. OPINION AND ORDER KENT, District Judge. Befor...
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109 F. Supp. 2d 724 (2000) NEOGEN CORPORATION, a Michigan Corporation, Plaintiff, v. NEO GEN SCREENING, INC., a Pennsylvania Corporation, Defendant. No. 5:00-CV-37. United States District Court, W.D. Michigan, Southern Division. August 21, 2000. *725 Mark R. Fox, Fraser, Trebilcock, Davis & Foster, PC, Lansing, MI, for Neogen Corporation, a Michigan Corporation, plaintiff. Richard C. Kraus, S...
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115 F. Supp. 2d 1281 (2000) Lindsay EARLS, a minor, by her next friends and parents, John David EARLS and Lori Earls; and Daniel James, by his next friend and mother, Leta Hagar, Plaintiffs, v. BOARD OF EDUCATION OF TECUMSEH PUBLIC SCHOOL DISTRICT, Independent School District No. 92 of Pottawatomie County, Oklahoma; and Tecumseh Public School District, Independent School District No. 92 of Pottaw...
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111 F. Supp. 2d 571 (2000) UNITED STATES v. Santos GOMEZ No. Crim.A. 98-362-07. United States District Court, E.D. Pennsylvania. August 14, 2000. Arnold R. Silverstein, Wilson & Silverstein, Philadelphia, PA, Robert E. Welsh, Jr., Lisa A. Mathewson, Welsh & Recker, Philadelphia, PA, for Roberto Gonzalez. Jonathan Sobel, Law Offices Benjamine S. Friedman, Cherry Hill, NJ, Gina M. Cerone, P...
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109 F.Supp.2d 879 (2000) Theresa SHEETS, Plaintiff, v. Sgt. Howard MULLINS, et al., Defendants. No. C2-98-170. United States District Court, S.D. Ohio, Eastern Division. August 15, 2000. *880 *881 James McNamara, Columbus, OH, for plaintiff. Mark O. Landes, Isaac, Brant, Ledman & Teetor, Columbus, OH, for defendant. OPINION AND ORDER SARGUS, District Judge. This matter is before the Court fo...
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110 F.Supp.2d 542 (2000) COLUMBRARIA LTD et al., Plaintiffs, v. Hugo PIMIENTA, et al., Defendant. No. CIV.A.H-99-1652. United States District Court, S.D. Texas, Houston Division. August 18, 2000. *543 *544 Marc F. Wiegand, Bracewell & Patterson, San Antonio, TX, for Plaintiff. Lynne Liberato, Haynes and Boone, LLP, Houston, TX, Timothy M. Mc Closkey, Mc Closkey & Herberger, Houston, TX, J...
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*1359 ORDER This civil rights action is brought pursuant to 42 U.S.C. § 1983. At issue is the alleged illegal search and seizure of Plaintiff Steven Bouye by an off-duty officer of the Gwinnett County Police Department. The case is before the Court on Defendant Marshall’s Motion for Summary Judgment [Doc. 30], For the reasons set forth below, the Court will grant Defendant’s ...
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111 F. Supp. 2d 591 (2000) Peter J. McFARLAND, III v. Timothy ENGLISH, Superintendent, and The District Attorney of the County of Bucks, and The Attorney General of The State of Pennsylvania. No. CIV.A. 99-378. United States District Court, E.D. Pennsylvania. August 16, 2000. Peter Goldberger, Law Office of Peter Goldberger, Ardmore, PA, for Peter J. McFarland, III. Peter J. McFarland, III, Green...
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ORDER This matter is before the Court on Relator’s Motion to Review the Taxation of Costs (doc. 507); Defendant GLR’s Response (doc. 509); and Relator’s Reply (doe. 510). In addition, the Court held a hearing in this matter on March 3, 2000 (see doe. 511). BACKGROUND Relator Earl O. Pickens filed a two-count Complaint on behalf of the United States of America (hereinafter, the “Government”) under...
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109 F. Supp. 2d 678 (2000) Fred W. FERNOW, Jr., Plaintiff, v. The BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY, Defendant. No. CIV.A. G-99-398. United States District Court, S.D. Texas, Galveston Division. August 16, 2000. Arthur Sadin, Youngdahl and Sadin, Richard Lee Melancon, Melancon and Hogue, Friendswood, TX, for Fred W. Fernow, plaintiffs. Douglas W. Poole, McLeod Alexander et al., Gal...
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ORDER This matter is before the court on cross motions for summary judgment, both of which were filed on June 19, 2000. The plaintiff, Mark A. Warsco, Trustee (“Trustee”), filed his response to the defendant’s motion on August 2, 2000. The defendant, Preferred Technical Group, Inc. (“PTG”), filed its response to the Trustee’s motion on August 3, 2000. The parties determined that replies were no...
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111 F.Supp.2d 575 (2000) Richard J. MARRA, Petitioner v. David LARKINS, Superintendent Dallas SC., and District Attorney for Philadelphia County, and The Attorney General of the State of Pennsylvania, Respondents Civil Action No. 96-2375. United States District Court, E.D. Pennsylvania. August 15, 2000. *576 Peter Goldberger, Law Office of Peter Goldberger, Ardmore, PA, for petitioner. Donna G. Z...
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110 F.Supp.2d 918 (2000) UNITED STATES of America, Plaintiff, v. Andrew ACOSTA, Mohammed Ayesh, Doug Beyreis, Christopher Colton, Carlos Diaz, Shaun Dougherty, Jorge Espada, Vernon Fields, Felix Guzman, Jerry Guzman, Bernardo Hernandez, Raul Maldonado, Daniel Martinez, Pedro Martinez, Gamaliel Matos, Natanael Matos, Antonio Mendez, Alvaro Mendoza, Daniel Mendoza, Raciel Mendoza, Raymond Mendoza, ...
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MEMORANDUM & ORDER Before me is defendants’ motion to dismiss Counts 1-8, 11 and 12. On July 11, 2000, I held oral argument on defendants’ motion. The motion will be granted in part and denied in part. I. Introduction Plaintiffs, the Raymond Proffitt Foundation and the Lehigh Stocking Association, a non-profit conservation group and a nonprofit fishing association, respectiv...
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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 0. Cogburn, Jr. Pursuant to standing orders of designation and 28 U.S.C. § 636, the undersigned referred the Defendants’ motion for summary judgment to the Magistrate Judge for a recommendation as to disposition. Having- condu...
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110 F.Supp.2d 689 (2000) BARBECUE MARX, INC., Plaintiff, v. 551 OGDEN, INC., Defendant. No. 00 C 3433. United States District Court, N.D. Illinois, Eastern Division. August 10, 2000. *690 Max Shaftal, Shaftal & Associates, Ltd., Chicago, IL, for Barbecue Marx Inc, plaintiff. Kevin Tottis, Attorney at Law, Chicago, IL, for 551 Ogden Inc, defendant. MEMORANDUM OPINION AND ORDER BUCKLO, Distric...
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110 F.Supp.2d 406 (2000) Henry RICHTER, et al., Plaintiffs, v. NORTH AMERICAN VAN LINES, INC., Defendant. No. Civ. PJM 99-2935. United States District Court, D. Maryland. August 14, 2000. *407 *408 Leslie A. Nettleford, Benny L. Kass, Kass & Skalet, Washington, DC, Barbara R. Kueppers, Minneapolis, MN, for plaintiffs. James B. Larrimore, Serio & Higdon, Lutherville, MD, for defendant. OP...
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OPINION This is a relator’s suit under the qui tarn provisions of the False Claims Act (FCA), 31 U.S.C. § 3729 et seq. Following the Court’s Order granting Defendants’ Motion to Dismiss Counts I and II of Plaintiffs Second Amended Complaint,1 Defendants were directed to file pleadings responsive to Count III, the only count remaining in the Second Amended Complaint, which alleges retaliation in...
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111 F. Supp. 2d 704 (2000) Kevin M. RANSOM v. BALTIMORE COUNTY, et al. No. CIV. L-99-415. United States District Court, D. Maryland. August 11, 2000. *705 *706 *707 John A. Austin, Towson, MD, for plaintiff. Virginia W. Barnhart, Jeffrey Grant Cook and John Edward Beverungen (Baltimore County Office of Law) Towson, MD, for defendants Baltimore County, Captain Steven Vaughn, and Detective Timothy ...
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109 F. Supp. 2d 417 (2000) Michael L. MCMULLEN, et al., Plaintiffs, v. EUROPEAN ADOPTION CONSULTANTS, INC., and Margaret Cole, Defendants. No. CA 99-302 ERIE. United States District Court, W.D. Pennsylvania. August 17, 2000. *418 Andrew J. Conner, Conner & Riley, Erie, PA, Schellart H. Los, Gent, Gent & Snyder, Franklin, PA, for Michael L. McMullen, on behalf of Christopher A. McMullen, p...
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110 F.Supp.2d 427 (2000) In re MICROSTRATEGY INC. SECURITIES LITIGATION No. CIV.00-473-A. United States District Court, E.D. Virginia, Alexandria Division. August 18, 2000. *428 Craig Crandall Reilly, Richards, McGettigan, Reilly & West, P.C., Alexandria, VA, for Plaintiffs. Leo Stephen Fisher, Bean, Kinney & Korman, P.C., Arlington, VA, Edward John Bennett, Esquire, William & Connoll...
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110 F.Supp.2d 332 (2000) AMBERSON HOLDINGS LLC, and Amberson, Inc. v. WESTSIDE STORY NEWSPAPER, Wallace J. Allen and W.J. Allen Multimedia Productions, Inc. No. CIV.A. 00-1108 NHP. United States District Court, D. New Jersey. August 22, 2000. *333 David A. Picon, Proskauer Rose LLP, Newark, NJ, for Plaintiffs. Dennis W. Blake, Rubenstein, Rudolph, Meyerson & Blake, P.A., Oakland, NJ, Rickey I...
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MEMORANDUM OPINION AND ORDER Plaintiff Abdul Majid (“plaintiff’), an inmate at the Sullivan Correctional Facility (“Sullivan”), brings this action against Defendants Wayne Wilhelm (“Wilhelm”), Deputy Superintendent of Security at Sullivan, Sullivan Sergeant Tim Cherry (“Cherry”), Sullivan Sergeant Robert Wex-ler (“Wexler”), and Sullivan Correctional Officer Carol Behrens (“Behrens”) (collective...
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OPINION By order dated July 31, 2000, the Court denied plaintiffs motion to have the statutory damages in this case computed on a “per song” rather than “per-CD” basis. Here is why. Under the Copyright Act, “the copyright owner may elect, at any time before final judgment is rendered, to recover, instead of actual damages and profits, an award of statutory damages for all infring...
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111 F. Supp. 2d 1153 (2000) TAX AND ACCOUNTING SOFTWARE CORPORATION, Tim E. Kloehr and Sheryl Kloehr, Plaintiffs, v. UNITED STATES of America, Defendant. No. 98-CV-363E. United States District Court, N.D. Oklahoma. July 31, 2000. *1154 Rebecca McCarthy Fowler, Doerner Saunders Daniel & Anderson, Tulsa, OK, for Plaintiffs. Rachel D. Cramer, U.S. Dept. of Justice, Tax Division, Washington, DC, ...
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MEMORANDUM — DECISION & ORDER Plaintiff commenced the instant action pursuant to 42 U.S.C. § 1983 claiming violations of his Fourth and Fourteenth Amendment rights arising out of his arrest. Presently before the Court are the Jefferson County Defendants’ 1 (“Defendants”) motion for summary judgment pursuant to Fed.R.Civ.P. 56 seeking dismissal of the Complaint in its entirety a...
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ORDER This action arises from the alleged nondelivery, shortage, and loss of 1511 cartons of frozen shrimp. (Mazaroli Aff. ¶ 2; Smith Aff. ¶ 2.) Plaintiffs Eastern Fish Co. (“Eastern Fish”) and Insurance Company of North America (collectively, “Plaintiffs”)' contend that the frozen seafood was lost on or about April 21,1998 en route to the port of Guayaquil, Ecuador and now seek $140,...
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111 F. Supp. 2d 758 (2000) James P. KNAPP and Pamela K. Knapp, Plaintiffs, v. AMERICAN GENERAL FINANCE INC., and American General Home Equity, Inc., Defendants. No. CIV. A. 2:99-0571. United States District Court, S.D. West Virginia, Charleston Division. August 16, 2000. *759 *760 Daniel F. Hedges, Charleston, WV, for Plaintiffs. Thomas R. Goodwin, Richard D. Owen, Carrie G. Fenwick, Goodwin &...
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109 F.Supp.2d 469 (2000) M.L.E. MUSIC, J. Albert & Sons (USA) Inc., Guns N' Roses Music, Hamstein Music Company & Miss Bessie Music, Plaintiffs, v. KIMBLE, INCORPORATED & John Hewitt, Defendants. No. CIV. A. 2:99CV-0768. United States District Court, S.D. West Virginia. Charleston Division. May 23, 2000. Daniel R. Schuda, Schuda & Assoc., Charleston, WV, for plaintiff. James M. Pi...
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110 F.Supp.2d 417 (2000) Levi WRIGHT, Sr. Plaintiff, v. Kenneth S. APFEL, Commissioner of Social Security, Defendant. No. 5:99-CV-278-BO3. United States District Court, E.D. North Carolina, Western Division. August 16, 2000. *418 Patricia G. Bare, Raleigh, NC, for Levi Wright, plaintiffs. Barbara D. Kocher, U.S. Attorney's Office, Raleigh, NC, for Kenneth Apfel, defendants. ORDER TERRENCE WILLIA...
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DECISION AND ORDER This case is before the Court on cross-motions for summary judgment filed by plaintiffs, defendant City of Providence (“the City”) and intervenor Rhode Island Building and Construction Trade Council (“intervenor RIBCTC”). In addition, the City and intervenor RIBCTC have each filed a motion, in the alternative, to dismiss because plaintiffs lack standing to bring the...
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107 F.Supp.2d 1256 (2000) Sally HANNON, Plaintiff, v. AVIS RENT A CAR SYSTEM, INC., a Delaware corporation, and Steven G. Hesslau, Defendants. No. CV-97-065-BU-PGH. United States District Court, D. Montana, Butte Division. June 16, 2000. *1257 Bill Hanson, Hanson Law Office, Bozeman, MT, for plaintiff. Tina L. Morin, Poore, Roth & Robinson, PC, Butte, MT, for defendant. MEMORANDUM AND ORDER ...
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112 F. Supp. 2d 1079 (2000) UNITED STATES of America, ex. rel., Tommy HOLEMAN, Plaintiff, v. CITY OF COMMERCE CITY, COLORADO; Urban Renewal Authority of Commerce City, Defendants. No. CIV. A. 98-B-755. United States District Court, D. Colorado. August 16, 2000. *1080 Seth J. Benezra, Gilbert M. Roman, Roman, Benezra & Culver, L.L.C., Lakewood, CO, for Plaintiff. J. Andrew Nathan, Andrew J. Fi...
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108 F. Supp. 2d 498 (2000) NORTH CAROLINA RIGHT TO LIFE, INC., North Carolina Right to Life Political Action Committee, and North Carolina Right to Life Committee Fund for Independent Political Expenditures, Plaintiffs, v. Larry LEAKE, in his official capacity as Chairman of the North Carolina State Board of Elections, S. Katherine Burnette, in her official capacity as Secretary of the State Boar...
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111 F. Supp. 2d 748 (2000) R.W.B. OF RIVERVIEW, INC., et al., Plaintiffs, v. Donald STEMPLE, Commissioner, Alcohol Beverage Control Commission, Defendant. No. Civ. A. 2:00-0552. United States District Court, S.D. West Virginia, Charleston Division. July 25, 2000. Opinion Supplemented by August 18, 2000. *749 Kyle G. Lusk, Beckley, WV, J. Michael Murray, Jeremy A. Rosenbaum, Steven D. Shafron, Ber...
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109 F. Supp. 2d 1281 (2000) SON VO, Petitioner, v. Joseph GREENE, District Director, Immigration and Naturalization Service; Doris Meissner, Commissioner, Immigration and Naturalization Service; and Janet Reno, Attorney General of the United States, Respondents. No. Civ.A. 00-K-1627. United States District Court, D. Colorado. August 18, 2000. Jeffrey Dean Joseph, Joseph Law Firm, PC, Denver, CO, ...
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ORDER AND MEMORANDUM OF DECISION This is civil-rights action. Plaintiff Wendy Faustin alleges that Defendants City and County of Denver, Colorado (“Denver”), Denver Chief of Police Tom Sanchez, Denver Police Lieutenant Donald Fink, and Denver Police Sergeant W.P. Honer have curtailed her protesting activities in violation of her rights under the First and Fourteenth Amendments to the United State...
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122 F. Supp. 2d 699 (2000) Miachel HICKS and Brenda Hicks, Plaintiffs, v. Charles Nugent HERBERT, Jr., Defendant. No. CIV. A. 5:00-0448. United States District Court, S.D. West Virginia, Beckley Division. August 17, 2000. *700 Philip J. Combs, Allen, Guthrie & McHugh, Charleston, W.Va., for Plaintiffs. Brent K. Kesner, Sabrena A. Olive, Kesner, Kesner & Bramble, Charleston, W.Va., for Def...
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109 F. Supp. 2d 476 (2000) Rose ELSWICK, Plaintiff, v. Kenneth S. APFEL, Commissioner of Social Security, Defendant. No. CIV. A. 2:99-0542. United States District Court, S.D. West Virginia, Charleston Division. August 8, 2000. *477 Carter Zerbe, Charleston, WV, for plaintiff. Rebecca Betts U.S. Attorney, Kelly Corry Asst. U.S. Attorney, Charleston, WV, for defendant. MEMORANDUM OPINION AND ORDER...
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ORDER AFFIRMING BANKRUPTCY COURT’S ORDER; TERMINATING APPEAL Appellant George C. Chu (“Chu”) appeals a final order of the United States Bankruptcy Court for the Southern District of California, the Honorable John J. Hargrove presiding, converting Chu’s Chapter 11 reorganization into a Chapter 7 liquidation. Appellee Syntron Biore-search, Inc. (“Syntron”), Chu’s primary creditor, opposes t...
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109 F. Supp. 2d 681 (2000) Gary QUINN, Plaintiff, v. EMC CORP., Defendant. No. Civ.A. G-00-178. United States District Court, S.D. Texas, Galveston Division. August 21, 2000. *682 Gary J Siller, Griggs & Harrison, Houston, TX, for Gary Quinn, plaintiff. Deke Wayne Bond, Brobeck Phleger et al., Austin, TX, for EMC Corporation, defendant. ORDER GRANTING DEFENDANT'S MOTION TO STAY KENT, Distric...
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OPINION Plaintiff John L. Stinson filed this lawsuit in state court, seeking damages based his contract with the defendants for the construction, purchase, and financing of a home. He has named as defendants America’s Home Place, Inc. (AHP), which contracted to build a home for Stinson; AHP building consultant Jeanetta Holcey; and Hilton Mortgage Corporation II, which was to provide the f...
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110 F.Supp.2d 582 (2000) Chantal ERICSON, as Next Friend of Kyle Ericson, Plaintiff, v. Mitchell Z. POLLACK, M.D., and Mitchell Z. Pollack, P.C., Defendants. No. 00-CV-72220. United States District Court, E.D. Michigan, Southern Division. August 17, 2000. *583 Louis G. Corey, Corey & Carolan, Royal Oak, MI, for Plaintiff. Kurt D. Yockey, Yockey Yockey & Schliem, Farmington Hills, MI, for ...
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109 F.Supp.2d 719 (2000) ESTATE OF Helen GAWEL, Deceased, By and Through Gerald GAWEL, Personal Representative, Plaintiff, v. Ivan C. SCHATTEN, M.D., Defendant. No. 98-CV-75279. United States District Court, E.D. Michigan, Southern Division. August 16, 2000. *720 Alan S. Wittenberg, Lopatin, Miller, Freedman, Bluestone, Herskovic, Heilman & Domol, Southfield, MI, for Plaintiff. Michael J. Rin...
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110 F. Supp. 2d 648 (2000) Larry D. BARGER, Plaintiff, v. CSX TRANSPORTATION, INC., Defendant. No. C-1-98-234. United States District Court, S.D. Ohio, Western Division. March 1, 2000. *649 Gregory Thomas Hughes, Burge & Wettermark, Ludlow, KY, for Larry D Barger, plaintiff. James Lacey O'Connell, Lindhorst & Dreidame Co, Cincinnati, OH, for CSX Transportation Inc, defendant. ORDER SPIEG...
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109 F. Supp. 2d 831 (2000) AIRLINE PROFESSIONALS ASSOCIATION, Teamsters Local Union 1224, Affiliated with the International Brotherhood of Teamsters-Airline Division, AFL-CIO, Plaintiff, v. ABX AIR, INC., Defendant. No. C-1-99-103. United States District Court, S.D. Ohio, Western Division. June 13, 2000. John Robert Doll, Logothetis Pence and Doll, Dayton, OH, for Airline Professionals, Associati...
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OPINION AND ORDER Defendant has moved to dismiss counts two and three of the superseding informa-, tion for lack of jurisdiction. Dkt. No. 29. For reasons that follow, Defendant’s motion is hereby denied. Discussion 1. Count Two — Violation of 18 U.S.C. § 1882 1 Defendant argues for the dismissal of count two of the information against him. Count t...
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110 F.Supp.2d 54 (2000) EL MAROCCO CLUB, INC. d/b/a/ Club Starzz, Plaintiff, v. Leo FOX, in his capacity as Finance Director/Treasurer of the Town of Johnston, the Town of Johnston, Stephen J. Angell, Joseph A. Wells, Michael C. Fargnoli, Mary Cerra, and Robert Russo, Individually and in their capacity as members of the Johnston Board of Licenses, William Macera, individually and in his capacity ...
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107 F. Supp. 2d 1098 (2000) UNITED STATES of America, Plaintiff, v. Fidel MENDOZA-CARRILLO, Defendant. No. CR 00-400017. United States District Court, D. South Dakota, Southern Division. August 1, 2000. *1099 *1100 Michelle Tapken, United States Attorney's Office, Sioux Falls, SD, for plaintiff. Julie Irvine, Public Defender's Office, Sioux Falls, SD, for defendant. MEMORANDUM OPINION AND ORDER ...
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122 F. Supp. 2d 693 (2000) Lawrence E. BOWLING, Plaintiff, v. Kenneth ("Casey") LAWSON, Defendant. No. CIV. A. 2:98-1158. United States District Court, S.D. West Virginia, at Charleston. June 21, 2000. FINDINGS OF FACT CONCLUSIONS OF LAW COPENHAVER, District Judge. Pursuant to the evidence adduced at the trial on May 30 and 31, 2000, the court makes the following findings of fact, by a preponder...
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111 F. Supp. 2d 695 (2000) SARAH M., et al., Plaintiffs, v. Jerry D. WEAST,[1] et al., Defendants. No. Civ. 99-3010. United States District Court, D. Maryland, Southern Division. July 25, 2000. *696 Michael J. Eig, Holly Lynn Parker, Eig, Parker & Starbuck, Washington, DC, for Plaintiffs. Jeffrey A. Krew, Columbia, MD, for Defendants. OPINION MESSITTE, District Judge. Pursuant to the Individ...
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107 F. Supp. 2d 1008 (2000) MISSISSIPPI RIVER REVIVAL, INC., and West Side River Watch, Inc., Plaintiffs, v. ADMINISTRATOR, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, and City of St. Paul, Minnesota, Defendants. Mississippi River Revival, Inc., West Side River Watch, Inc., and Mississippi Corridor Neighborhood Coalition, Inc., Plaintiffs, v. Administrator, United States Environmental Protecti...
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*497 RULING ON DEFENDANT’S MOTION TO DISMISS This proposed class action raises allegations that the prescription drug benefit offered by the defendant, Physicians Health Services of Connecticut, Inc. (“PHS”), uses a drug formulary that obstructs enrollees’ access to prescription medications that their physicians believe are most safe and effective. The plaintiff, State of Con...
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ORDER This matter is before the court on defendant Intel Corporation’s (“Intel”) motion to dismiss or in the alternative to stay plaintiffs action. Plaintiff has responded to Intel’s motion to dismiss; therefore, this matter is ripe for ruling. STATEMENT OF THE CASE This conflict arises out of a contract 1 between Intel and plaintiff, Flanders Filters Inc. (“Flanders”...
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MEMORANDUM AND ORDER This case arose from disputes relative to various contracts and agreements involving the construction, administration and management of homes on the Blackfeet Indian Reservation. Plaintiffs, the Blackfeet Tribe of the Blackfeet Indian Reservation, in its own behalf and on behalf of its tribal programs, The Blackfeet Home Program and the Blackfeet Home Program, Inc...
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109 F. Supp. 2d 1284 (2000) Timothy O'HAYRE, individually and on behalf of M.O., a minor, and S.O., a minor, Plaintiffs, v. BOARD OF EDUCATION FOR JEFFERSON COUNTY SCHOOL DISTRICT R-1, Tom Dimit, in both his individual and official capacities, Jill Colby, in both her individual and official capacities, Karen Gabe, in both her individual and official capacities, Kirsten Puttkammer, in her individu...
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109 F. Supp. 2d 1332 (2000) Daniel S. RICHARDSON and Jamee L. Richardson, Plaintiffs, v. VALLEY ASPHALT, INC., a Utah corporation, Western Aggregates, Inc., a Utah corporation, and Does I-X, Defendants. No. 2:00CV378K. United States District Court, D. Utah, Central Division. August 21, 2000. *1333 *1334 Laura N. MacPherson, Spence Moriarity & Schuster, Jackson, WY, Jeffrey D. Gooch, Spence Mo...
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MEMORANDUM OPINION AND ORDER This appeal presents the question whether 28 U.S.C. § 1930(a)(6) requires payment of post-confirmation quarterly fees on only those disbursements made pursuant to the debtor’s reorganization plan or, as the appellant United States Trustee (Trustee) contends, upon all post-confirmation disbursements. I conclude that quarterly fees must be paid on all post-confi...
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110 F.Supp.2d 28 (2000) Lilliam E. MENDOZA TORO, Plaintiff, v. Guillermo GIL, Defendant. No. CIV. 00-1846(HL). United States District Court, D. Puerto Rico. July 26, 2000. Order Denying Motion to Amend. August 15, 2000. *29 *30 *31 *32 Francisco Rebollo-Casalduc, San Juan, PR, Bamily Lopez-Ortiz, Lopez Toro, Law and Notary Offices, Hato Rey, PR, for Lilliam E. Mendoza-Toro, plaintiffs. Miguel A. ...
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MEMORANDUM DECISION AND ORDER I. INTRODUCTION The above entitled action was commenced on October 30, 1998, in the Supreme Court, State of New York, County of Schenectady. After issue was joined, the case was removed, pursuant to 28 U.S.C. § 1441, because the defendant American Red Cross (“ARC”) charter, 36 U.S.C. § 2, vests original jurisdiction in federal court in all ca...
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110 F.Supp.2d 841 (2000) Jerry E. WATKINS, Petitioner, v. Charles MILLER, Respondent. No. IP97-485C H/G. United States District Court, S.D. Indiana, Indianapolis Division. July 21, 2000. William E. Marsh, Indiana Fed. Community Defenders, Indianapolis, IN, Joseph M. Cleary, Hammerle Foster Allen & Long-Sharp, Indianapolis, IN, for plaintiff. Jerry E. Watkins, Pendleton, IN, pro se. Michael A....
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110 F.Supp.2d 338 (2000) Gary T. MAGNIN, Petitioner, v. Art BEELER, Warden, Respondent. No. CIV.A.98-5842. United States District Court, D. New Jersey. August 25, 2000. Gary T. Magnin, Philadelphia, PA, pro se. Robert J. Cleary, United States Attorney, J. Andrew Ruymann, Assistant United States Attorney, Trenton, NJ, for Respondent, Art Beeler, Warden, F.C.I. Fort Dix. OPINION ORLOFSKY, District...
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110 F.Supp.2d 469 (2000) Robert BANE, Plaintiff, v. VIRGINIA DEPT. OF CORRECTIONS, Defendant. Civil Action No. 7:00cv00052. United States District Court, W.D. Virginia, Roanake Division. August 14, 2000. *470 Robert Allen Bane, Big Stone Gap, VA, pro se. Pamela Anne Sargent, Office of Attorney General, Richmond, VA, for Defendant. Memorandum Opinion TURK, District Judge. This matter is before th...
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110 F. Supp. 2d 607 (2000) Wiley DAVIS, Jr., Petitioner, v. Betty MITCHELL, Warden, Respondent. No. 1:99-CV-1649. United States District Court, N.D. Ohio, Eastern Division. August 23, 2000. *608 *609 *610 *611 John P. Parker, Cleveland, OH, Patricia A. Millhoff, Akron, OH, for Wiley Davis, Jr., Petitioners. Charles L. Wille, Office of the Attorney General, Capital Crimes Section, Columbus, OH, Jo...
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MORTON DENLOW, United States Magistrate Judge. Plaintiff Bryan Real (“Real” or “Plaintiff’) is the owner of a patent for a beverage dispensing machine, United States Patent No. 4,488,664 (“the ’664 patent”), and has filed a patent infringement suit against Defendant Bunn-O-Matic Corporation (“BunnO-Matic” or “Defendant”). Plaintiff alleges infringement of one patent by one product made by Bunn-O-M...
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109 F. Supp. 2d 1233 (2000) Michael EVANS, Petitioner, v. R.Q. HICKMAN, Respondent. No. CV 99-11245 DDP EE. United States District Court, C.D. California. August 18, 2000. *1234 Michael Evans, Ione, CA, pro se. Russell A. Lehman, CCAG, Office of Atty. Gen., Los Angeles, CA, for respondent. ORDER REJECTING IN PART REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE PREGERSON, District Jud...
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110 F.Supp.2d 752 (2000) AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 2119; Tony Carnes; Katherine Cruz; Randall L. Engle; David Garrison; Daniel Hendrickx; Lowell Herrick, Jr.; DeWayne R. Lamp; Michael Luckey; Robert O. Morris; and Barbara Painter, Plaintiffs, v. William S. COHEN, Secretary of Defense, et al., Defendants, and General Dynamics Land Systems, Inc., Defendant-Intervenor. No. 9...
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110 F.Supp.2d 441 (2000) The MORROW CORPORATION, et al., Plaintiffs, v. HARLEYSVILLE MUTUAL INSURANCE CO., et al., Defendants. No. Civ.A. 99-1782-A. United States District Court, E.D. Virginia, Alexandria Division. August 24, 2000. *442 *443 Michael O. Hill, Joseph James Green, Collier, Shannon, Rill & Scott, P.L.L.C., Washington, DC, for plaintiffs. Richard W. Driscoll, Eccleston and Wolf, W...
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112 F. Supp. 2d 398 (2000) John DOE, Petitioner, v. UNITED STATES of America, Respondent. No. Civ.A. 99-912. United States District Court, D. New Jersey. August 23, 2000. *399 *400 *401 Patrick A. Mullin, Hackensack, NJ, for petitioner. Gary N. Wilcox, Assistant U.S. Attorney, Office of the U.S. Attorney, Newark, NJ, for respondent. OPINION WOLIN, District Judge. This matter is opened before the...
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ORDER DENYING DEFENDANT’S MOTIONS TO DISMISS THE INDICTMENTS AND GRANTING HIS MOTION TO SEVER THE INDICTMENTS I. Overview Peter Alexander Kelly (“Defendant”) is charged in two consolidated indictments with reentry of a deported alien, in violation of 8 U.S.C. § 1326, and possession of marijuana with intent to distribute, in violation of 21 U.S.C. § 841(a)(1). Defendant has filed moti...
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ENTRY ON CROSS-MOTIONS FOR SUMMARY JUDGMENT After a deadly fire in a mobile home, plaintiff Midwestern Indemnity Company sued here for a declaratory judgment that it owed no duty of coverage or defense for the loss. Defendants here are the owners and managers of the mobile home in which the fire occurred, Daniel Laikin and businesses he operates (collectively, “the Cos-sell Group”), and t...
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ORDER GRANTING IN PART AND DENYING IN PART OBJECTIONS TO MAGISTRATE JUDGE’S ORDER Plaintiff Federal Deposit Insurance Corporation (“FDIC”), acting as receiver of Great American Bank (“GAB”), brings this action under the Financial Institutions Reform, Recovery, and Enforcement Act (“FIRREA”). FDIC seeks to collect on several fidelity bonds issued to GAB that provide coverage against the dishonest ...
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MEMORANDUM DECISION AND ORDER DISPOSING OF PENDING MOTIONS Plaintiff Barbara Engwiller brought claims on behalf of her daughter, Jacqueline, under the Individuals with Disabilities Education Act (“IDEA”), 20 U.S.C. § 1401 et seq. against the Board of Education for the Pine Plains Central School District (“the School District”) and the New York State Education Department (“SED”)...
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AMENDED MEMORANDUM DECISION AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION TO DISMISS AND GRANTING PLAINTIFF’S MOTION TO REMAND THE STATE LAW CLAIMS TO NEW YORK SUPREME COURT I. SUMMARY AND BACKGROUND For some months, two shore communities in lower Westchester County have *357 been embroiled in debate over’ a proposal to build an IKEA, the Swedish home...
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MEMORANDUM OPINION In this case arising out of a chapter 13 proceeding, Bayshore National Bank of La Porte [BNB] challenges the bankruptcy court’s ruling that Ms. Smith, the debtor, is entitled to an order of discharge pursuant to 11 U.S.C. § 1328(a). For the reasons stated herein, the court affirms the ruling of the bankruptcy court. I. BACKGROUND In the bankruptcy context, this court re...
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109 F. Supp. 2d 1022 (2000) In re AIR CRASH AT LITTLE ROCK, ARKANSAS, ON JUNE 1, 1999. MDL No. 1308. United States District Court, E.D. Arkansas, Western Division. August 11, 2000. *1023 Michael E. Hale, D. Keith Fortner, Barber, McCaskill, Jones & Hale, P.A., Little Rock, AR, Philip E. Kaplan, Regina Haralson, Kaplan, Brewer & Maxey, P.A., Little Rock, AR, Michael G. Smith, Michael Norri...
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110 F.Supp.2d 605 (2000) Juan SEMINARIO NAVARRETE, Plaintiff, v. J.M. VANYUR, et al., Defendants. No. 4:99CV1003. United States District Court, N.D. Ohio, Eastern Division. August 18, 2000. Alan S. Belkin, Law Offices of Alan S. Belkin, Cleveland, OH, for plaintiff. *606 Juan Seminario Navarrete, Seattle, WA, pro se. Marlon A. Primes, Office of U.S. Atty., Cleveland, OH., for defendants. MEMORAN...
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109 F.Supp.2d 1116 (2000) Jessica L. ANDERSON, Plaintiff, v. DILLARD'S INC., Defendant. No. 4:99CV00821 ERW. United States District Court, E.D. Missouri, Eastern Division. July 31, 2000. *1117 *1118 David M. Heimos, Heimos Law Office, Clayton, MO, for plaintiff. Michael P. Burke, Timothy C. Mooney, Jr., Bryan Cave LLP, St. Louis, MO, for defendant. MEMORANDUM AND ORDER WEBBER, District Judge. Th...
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109 F. Supp. 2d 1129 (2000) Johnene GUTZMAN, Plaintiff, v. Kenneth S. APFEL, Commissioner of Social Security, Defendant. No. 4:99CV535. United States District Court, D. Nebraska. August 23, 2000. *1130 Joe M. Hawbaker, Omaha, NE, for plaintiff. Ellyn Grant, Assistant United States Attorney, Omaha, NE, for defendant. MEMORANDUM AND ORDER KOPF, Chief Judge. Because the Administrative Law Judge (AL...
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111 F.Supp.2d 1057 (2000) UNITED STATES of America, Plaintiff, v. Terri Denise EDWARDS, et al., Defendant. No. 99-CR-168. United States District Court, E.D. Wisconsin. August 7, 2000. *1058 *1059 Gail Hoffman, Asst. U.S. Atty., Milwaukee, WI, for U.S. John T. Wasielewski, Milwaukee, WI, for defendant. DECISION AND ORDER ADELMAN, District Judge. Defendant Terri Denise Edwards challenges the suffi...
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MEMORANDUM OPINION AND ORDER I. INTRODUCTION In this pregnancy discrimination suit, the Plaintiff, Shiloh Strickland (“Strickland”), sues her former employer, Prime Care of Dothan (“Prime Care”), on the theory that Prime Care terminated her employment as a medical assistant because of her pregnancy. On July 3, 2000, Prime Care filed a Motion for Summary Judgment (doc. # 2...
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MEMORANDUM DECISION ON DEFENDANTS’ MOTION TO DISQUALIFY PLAINTIFFS’ COUNSEL Defendants Elgin Technologies, Inc. (“Elgin”) and Warren Power Systems, Inc. (“Warren”) move for an order disqualifying the law firm of Bernstein, Shur, Sawyer & Nelson (“BSS & N”) from representing plaintiffs Lewis W. Kuniegel and Judith A. Kuniegel (together, the “Kuniegels”) in this case. Defendants’ Motion To Disqua...
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109 F.Supp.2d 1135 (2000) John COVEY, Movant, v. UNITED STATES of America, Respondent. No. Civ 00-4028, No. CR 95-40110. United States District Court, D. South Dakota, Southern Division. August 21, 2000. *1136 Gary Conklin, Sioux Falls, SD, for petitioner. Rita D. Allen, United States Attorney's Office, Sioux Falls, SD, for respondent. AMENDED MEMORANDUM OPINION AND ORDER PIERSOL, Chief Judge. M...
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107 F. Supp. 2d 1088 (2000) UNITED STATES of America, Plaintiff, v. Timothy W. HEIR, Defendant. No. 4:99CR3026. United States District Court, D. Nebraska. August 1, 2000. *1089 John C. Brink, Minneapolis, MN, for Timothy W. Heir, defendant. MEMORANDUM AND ORDER KOPF, Chief Judge. This matter is before the court on the Magistrate Judge's Report and Recommendation (filing 53) and the objections to...
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*687MEMORANDUM OPINION ON CLASS CERTIFICATION Introduction Before the Court is Plaintiff Kenneth R. Christ’s motion for certification of a nationwide class, pursuant to Fed.R.Civ.P. (“Rule”) 23(a) and (b)(2). At issue in this case is the legality vel non of “non-filing” fees or premiums charged by Defendant Beneficial Corporation (“Beneficial”) by and through its wholly-owned subsidiaries (includ...
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112 F. Supp. 2d 411 (2000) Edward J. FOLEY, Sr., Plaintiff, v. INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS LOCAL UNION 98 PENSION FUND, et al., Defendants. Civil Action No. 98-906. United States District Court, E.D. Pennsylvania. August 25, 2000. Edward J. Foley, Jr., Philadelphia, PA, for Plaintiff. Richard B. Sigmund, Philadelphia, PA, for Defendants. FINDINGS OF FACT, CONCLUSIONS OF LAW, ...
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OPINION The plaintiffs, Gilmore & Sons, Inc. (G & S) and three of its employees (Eddie Lewis, Larry Lewis, and Maurice Mims, who are African-Americans), charge the defendants, Haskell Company, Inc. (HCo.) and one of its supervisors (Louis Gouygou), with various federal and state law violations arising out of work done at a construction project pursuant to a subcontract between G & S and H...
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111 F. Supp. 2d 831 (2000) Dean KINNEY and David Hall, Plaintiffs, v. Bobby WEAVER, et al., Defendants. No. 9:99-CV-77. United States District Court, E.D. Texas, Lufkin Division. May 16, 2000. *832 *833 Curtis Bradley Stuckey, Stuckey Garrigan & Castetter, Nacogdoches, TX, Les Mendelsohn, Les Mendelsohn & Associates PC, San Antonio, TX, for Dean Kinney, David Hall, plaintiffs. Robert Scot...
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111 F. Supp. 2d 24 (2000) EEX CORPORATION, Plaintiff, v. UNITED STATES DEPARTMENT OF THE INTERIOR, et al., Defendants. No. Civ.A. 99-2386(JHG). United States District Court, District of Columbia. August 23, 2000. L Poe Leggette, Fulbright & Jaworski, L.L.P, Washington, DC, for EEX Corporation, plaintiff. Ann D. Navaro, U.S. Department of Justice, Environment & Natural Resources Div., Wash...
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109 F. Supp. 2d 953 (2000) Suzanne M. ACCURSO, Plaintiff, v. UNITED AIRLINES, INC. and Elise J. Jackson, Defendants. No. 99 C 8423. United States District Court, N.D. Illinois, Eastern Division. August 23, 2000. *954 *955 Lori D. Ecker, Law Office of Lori D. Ecker, Chicago, IL, Richard J. Gonzalez, Chicago-Kent College of Law, Illinois Institute of Technology, Chicago, IL, for plaintiff. Paul R. ...
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MEMORANDUM OPINION I. INTRODUCTION This cause is before the court on a Motion to Remand filed by the Plaintiffs, Otis Kurtis Bishop and Ricky Lee Jarrett (“the Plaintiffs”) on June 28, 2000. The Plaintiffs originally filed a Petition for Certiorari and Complaint for Declaratory Judgment in the Circuit Court for Montgomery, Alabama. The Water Works & Sanitary Sewer Bo...
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110 F.Supp.2d 477 (2000) Kevin Ray FOWLER, Petitioner, v. UNITED STATES of America, Respondent. No. CIV.A. 3:1998CV24. United States District Court, N.D. West Virginia, Martinsburg Division. August 1, 2000. *478 Thomas O. Mucklow, AUSA, Martinsburg, WV, for U.S. MEMORANDUM OPINION AND ORDER DENYING CERTIFICATE OF APPEALABILITY BROADWATER, District Judge. Petitioner filed an application for a cer...
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DECISION AND ORDER The indemnity agreement underlying this action has been the subject of two prior published opinions of this Court, familiarity with which is assumed. See Nobel Ins. Co. v. Hudson Iron Works, Inc., 51 F.Supp.2d 408 (S.D.N.Y.1999) (Berman, J.); Republic Western Ins. Co. v. Nobel Ins. Co., 2 F.Supp.2d 548 (S.D.N.Y.1998) (Rakoff, J.). In July 1998, Nobel Insurance Co. (“N...
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OPINION AND ORDER Plaintiff Charles Atlas, Ltd. (“plaintiff’ or “Atlas”) brings this trademark infringement action against defendant DC Comics, Inc. (“defendant” or “DC”). Specifically, Atlas alleges that DC violated the unfair competition and trademark dilution provisions of the federal Lanham Act, 1 New York’s anti-dilution statute, 2 New York’s deceptive trade pra...
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110 F.Supp.2d 373 (2000) Werner NEUBERGER, et al., v. William SHAPIRO, et al. Official Committee of Unsecured Creditors v. William Shapiro, et al. Official Committee Of Unsecured Creditors v. R.F. Lafferty & Co., et al. Nos. CIV. A. 97-7947, CIV. A. 99-526, CIV. A. 00-519. United States District Court, E.D. Pennsylvania. August 25, 2000. *374 *375 *376 Michael J. Molder, John F. Innelli, Inne...
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111 F.Supp.2d 612 (2000) Thomas J. BOWERSFIELD, Jr., Plaintiff, v. SUZUKI MOTOR CORPORATION and American Suzuki Motor Corporation, Defendants, v. Christian French, Third Party Defendant. Civil Action No. 98-1040. United States District Court, E.D. Pennsylvania. August 28, 2000. *613 *614 Edward J. McGinn, Jr., Eric A. Weiss, Philadelphia, PA, for Plaintiff. Andrew J. Stern, Beasley, Casey and Erb...
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110 F.Supp.2d 361 (2000) B.J. MARCHESE, Plaintiff, v. Robert UMSTEAD, Borough of Royersford, and Jennifer Walters Brown, Defendants. No. 00-1253. United States District Court, E.D. Pennsylvania. August 24, 2000. *362 *363 James J. Oliver, Norristown, PA, for Plaintiff. Andrew J. Bellwoar, Exton, PA, for Defendant. MEMORANDUM LOWELL A. REED, Jr., Senior District Judge. Plaintiff B.J. Marchese ("M...
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MEMORANDUM OPINION This is an appeal from an Order of the bankruptcy court sustaining Debtor’s objection to proof of claim. Debtor successfully argued below that, pursuant to 11 U.S.C. § 541(c)(2), his rights in several TIAA/CREF annuities, which were subject to federal tax liens, were excluded from the property of the bankruptcy estate and thus could not be considered in determining ...
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110 F.Supp.2d 492 (2000) CHILSAN MERCHANT MARINE CO., LTD. v. M/V K FORTUNE, her bunkers, engines, Tackle, apparel, furniture, etc., in rem, Vadel S.A., SK Shipping Co., Ltd., and Cosco Bulk Shipping Co., Ltd, in personam No. CIV.A.99-3587. United States District Court, E.D. Louisiana. August 18, 2000. Robert burns Fisher, Jr., H. michael Bush, Chaffe, McCall, Phillips, Toler & Sarpy, LLP, Ne...
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110 F.Supp.2d 62 (2000) John D. BUTLER and Corliss E. Butler as parents and legal guardians of their minor child Bryan A. Butler, Plaintiff, v. McDONALD'S CORPORATION, Defendant. No. CA98-439-L. United States District Court, D. Rhode Island. August 24, 2000. *63 Thomas A. Tarro, III, Warwick, RI, for Plaintiff. Lauren DiSimone Wilkins, Gallagher & Gallagher, Providence, RI, Ronald P. Langlois...
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OPINION The Court recently ordered defendant Coach Stores, Inc. (“Coach”) to disclose to plaintiff those portions of its outside investigator’s notes of witness interviews prepared in connection with a 1997 “investigative audit” that relate to certain allegations of discrimination, harassment, and/or failure to respond to same. In so doing, the Court overruled defendant’s objections to such dis...
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109 F. Supp. 2d 406 (2000) Carlton E. LEWIS v. DELAWARE COUNTY, et al. No. Civ.A. 95-CV-7418. United States District Court, E.D. Pennsylvania. August 23, 2000. *407 *408 Donna E. Baker, Larry Pitt and Associates, Philadelphia, PA, for Plaintiff. Robert M. Diorio, Diorio & Sereni, LLP, Media, PA, for Defendants. OPINION POLLAK, District Judge. On November 27, 1995, Corrections Officer Carlton...
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111 F.Supp.2d 1135 (2000) SAVE GREERS FERRY LAKE, INC., An Arkansas Not-For-Profit Corporation, Plaintiff, v. UNITED STATES ARMY CORPS OF ENGINEERS; Colonel Thomas A. Holden, Jr., District Engineer; Brig. Gen. Edwin J. Arnold, Division Commander, U.S. Corps of Engineers; Lt. Gen. Joseph N. Ballard, Chief of Engineers, U.S. Army Corps of Engineers; Joseph Westphal, Assistant Secretary (Civil Works...
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MEMORANDUM OPINION AND ORDER On this day, the above styled matter came before the Court for consideration of *780 the defendants’ motion for summary judgment (Document No. 15). After considering the defendant’s memorandum of law, the Court finds that the motion should be granted. I.PROCEDURAL BACKGROUND On December 9, 1998, the plaintiff brought this action in the form of a civil righ...
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110 F.Supp.2d 742 (2000) Scott PLUTA, Plaintiff, v. FORD MOTOR COMPANY, Defendant. No. 98 C 4290. United States District Court, N.D. Illinois, Eastern Division. August 25, 2000. *743 Eugene K. Hollander, Chicago, IL, for Plaintiff. W. Perry Brandt, Jocelyn A. Villanueva, Charlie J. Harris, Jr., Berkowitz, Feldmiller, Stanton, Brandt, Williams & Stueve, L.L.P., Kansas City, MO,James Franklin B...
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109 F.Supp.2d 579 (2000) Linda FREW, et al., Plaintiffs, v. Don GILBERT, et al., Defendants. Civil Action No. 3:93CA65. United States District Court, E.D. Texas, Paris Division. August 14, 2000. *580 *581 *582 *583 *584 *585 Susan F. Zinn, San Antonio, TX, Jane Swanson, Law Offices of A. Rodman Johnson, The Woodlands, TX, for Plaintiffs. John Cornyn, Attorney General of Texas, Andy Taylor, Assist...
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110 F.Supp.2d 880 (2000) UNITED STATES of America, Plaintiff, v. Joseph GRIEVESON, Defendant. No. IP 00-071-01-CR-B/F. United States District Court, S.D. Indiana, Indianapolis Division. August 28, 2000. Gayle Helart, Assistant United States Attorney, Indianapolis, IN, for U.S. James C. McKinley, Federal Community Defenders Office, Indianapolis, IN, for Joseph Grieveson. ENTRY ON PRETRIAL MOTIONS...
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ORDER This case comes before the court on defendants’ First Motion for Summary Judgment (# 10). The court has carefully considered the motion, the Brief in support of the motion (# 11), plaintiffs Opposition (# 83), defendant’s Reply (# 86), and the arguments presented by counsel during the hearing on November 12,1999. On November 16, 1994, plaintiff Eric Roll was seriously injured when appro...
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*311ORDER This matter has been referred to this court by the District Court (Doc. 91) on plaintiff, relators, Roger L. Sanders and Roger L. Thacker’s (Relators) motion to compel production of documents (Doc. 78), defendant Southern Ohio Fabricators, Inc.’s (SOFCO) memorandum in opposition to motion to compel (Doc. 79), relator’s reply to response to motion to compel (Doc. 82), defendant’s respons...
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OPINION AND ORDER The primary issue to be decided in the present proceeding is the amount, if any, that should be paid by the government to the qui tam relators in Civil Actions 93-5974 and 95-6953 1 . On April 8, 1998, a *354 final judgment, accompanied by an opinion, was awarded in favor of the relators in the sum of $42,312,802 in Civil actions 93-597...
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MEMORANDUM OPINION AND ORDER Ms. Antigone Christakos filed a class action against Intercounty Title Company of Illinois (“Intercounty”), alleging that, in connection with its role in the refinancing of her home, Intercounty violated the Real Estate Settlement Procedures Act, 12 U.S.C. § 2607 (“RESPA”), and the Illinois Consumer Fraud Act, 805 ILCS 505/2, et seq. (“ICFA”) by charging her a recor...
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111 F.Supp.2d 892 (2000) Charles Michael FLANAGAN, Plaintiff, v. M. John SHAMO, Defendant. No. 99-73532. United States District Court, E.D. Michigan, Southern Division. August 25, 2000. *893 Michael A. Rataj, Dearborn, MI, for plaintiff. Thomas E. Marshall, Troy, MI, for defendant. OPINION AND ORDER GRANTING DEFENDANT'S MOTION FOR RECONSIDERATION AND ORDER DIRECTING PLAINTIFF'S COUNSEL TO SHOW C...
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MEMORANDUM OPINION AND ORDER The plaintiffs are inmates incarcerated at Stateville Correctional Center in Joliet, Illinois, who were placed in “Category IV,” or “unapproved protective custody” after they formally grieved the denial of “approved” protective custody status. While in Category IV, they were denied access to communal religious services, educational opportunities, drug and alcohol reh...
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122 F. Supp. 2d 852 (2000) Maximo DOMINGUEZ, Personal Representative of the Estate of Jacqueline Del Carmen Medina, Deceased, Plaintiff, v. LANHAM MACHINERY COMPANY, INC., APV Consolidated, Inc., APV Baker Company, Inc., Defendants. No. 1:97-CV-212. United States District Court, W.D. Michigan, Southern Division. August 23, 2000. Stephen L. Grimm, Sukup & Grimm, PC, Steven L. Skahn, Law Office...
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OPINION Plaintiff, Mark A. Krieger (“Krieger”), filed a class action complaint against Defendants, Gast Manufacturing Corporation (“GMC”), Warren E. Gast, William E. Johnson, Kevin C. Gast, Jay Van Den Berg, and Allan Westmaas alleging state law claims for breach of fiduciary duty (Count I), aiding and abetting/inducement and conspiracy to commit a breach of fiduciary duty (Count II), common la...
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110 F.Supp.2d 10 (2000) Michael H. PRICE and Roger K. Frey, Plaintiffs, v. SOCIALIST PEOPLE'S LIBYAN ARAB JAMAHIRIYA, Defendant. No. Civ.A. 97-975 (RCL). United States District Court, District of Columbia. August 24, 2000. *11 James Cooper-Hill, Rockport, Tx, Andrew C. Hall, Miami, FLA, Nelson M. Jones, III, Houston, TX, for plaintiff. Robert C. Mirone, New York City, Bruno A. Ristau, Washington,...
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104 F. Supp. 2d 955 (2000) Randal and Carolyn SCHMIDT, on behalf of themselves and all others similarly situated, Plaintiffs, v. NISSAN MOTOR ACCEPTANCE CORPORATION, Defendant. No. 99 C 7180. United States District Court, N.D. Illinois, Eastern Division. July 13, 2000. Christopher V. Langone, Joel D. Dabisch, Langone Law Firm, Chicago, IL, Lance A. Raphael, Chicago, IL, Eric D. Freed, Jonathan I....
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104 F. Supp. 2d 958 (2000) D & K INTERNATIONAL, INC., Plaintiff, v. GENERAL BINDING CORPORATION, Defendant. No. 97 C 4665. United States District Court, N.D. Illinois, Eastern Division. July 13, 2000. Robert Edward Wagner, Roger H. Stein, Richard C. Himelhoch, Michael Gary Kelber, Wallenstein & Wagner, Ltd., Chicago, IL, Marina N. Saito, Arnold, White & Durkee, Chicago, IL, Dennis S. ...
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110 F.Supp.2d 886 (2000) Linda K. SIMLER, Plaintiff, v. HARRISON COUNTY HOSPITAL, Defendant. No. NA 99-108 C B/G. United States District Court, S.D. Indiana, New Albany Division. August 28, 2000. Bart Colomb, New Albany, IN, for Plaintiff. Gregory W. Moore, Hall Rernder Killian Heath & Lyman, Indianapolis, IN, for Defendant. ENTRY DENYING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT AND REMANDING...
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111 F.Supp.2d 993 (2000) UNITED STATES of America v. Tera DANIELS, Lawrence Orlando, Sr. and Tera's Enterprises, Inc. No. 3:98-00160. United States District Court, M.D. Tennessee, Nashville Division. July 28, 2000. Jimmie Lynn Ramsaur, Nashville, TN, for plaintiff. Charles Ray, Edward Gross, Jennifer Thompson, Nashville, TN, for defendant. MEMORANDUM CAMPBELL, District Judge. Pending before the ...
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ORDER The Motion for New Trial During closing argument, plaintiffs’ counsel remarked that a verdict for the plaintiffs might cause the defendant to change a design which plaintiffs contended was dangerous. Defense counsel objected to this argument and moved for a mistrial, contending that such an argument is appropriate only when punitive damages are at issue. The Court overr...
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111 F. Supp. 2d 744 (2000) Barbara THORNE, Plaintiff, v. WLR FOODS, INC., and Wampler Foods, Inc., Defendants. No. CIV.A. 3:00CV24. United States District Court, N.D. West Virginia, Martinsburg Division. August 29, 2000. *745 Robert J. Schiavoni, David M. Hammer, Hammer, Ferretti & Schiavoni, Martinsburg, WV, for Plaintiff. Charles F. Printz, Jr., Bowles, Rice, McDavid, Graff & Love, Mart...
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ORDER (1) RESOLVING DEFENDANTS’ PROCEDURAL OBJECTIONS TO AFFIDAVITS OF DANIEL M. CISLO AND DR. HAROLD KASSARJIAN; (2) PERMITTING ADDITIONAL BRIEFING ON INHERENT DISTINCTNESS Before the Court is a motion for summary judgment filed by Defendants Medax International, Inc. and individual Defendants Alma A. Timpson, Jr. and Paul M. Jessop (“Defendants”), seeking judgment against claims for trade dress...
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ORDER At the pretrial conference in this matter, the parties agreed that the Court would entertain a motion for summary judgment filed by the defendant. The parties stipulated that the prevailing party on the motion for summary judgment is entitled to judgment as a matter of law. Cross motions for summary judgment were filed by all parties and were fully briefed. Oral argument took place on Feb...
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115 F. Supp. 2d 1181 (2000) In re READ-RITE CORP. SECURITIES LITIGATION. This Document Relates to all Actions. No. C-98-20434 JF. United States District Court, N.D. California. March 1, 2000. *1182 William S. Lerach of Milberg Weiss Bershad Hynes & Lerach LLP, San Diego, CA, Jeffrey W. Lawrence of San Francisco, CA, for Plaintiffs. Boris Feldman, Jared L. Kopel, Gidon M. Caine and Cheryl W. F...
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DECISION AND ORDER INTRODUCTION Plaintiff Angela Jordan, an African-American woman, brings the present action under Title VII, 42 U.S.C. § 2000e, et seq. Jordan claims that her former employer, Olsten Health Services and Olsten Corporation (together referred to as “01- *228 sten”), discriminated against her on the basis of her race when it fired her from her position as a client care coor...
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DECISION and ORDER INTRODUCTION By an order dated June 29, 2000 (“prior order”), the court denied plaintiff Diamond D’s motion for a preliminary injunction. Item 34; Diamond “D” Const. Corp. v. New York State Dept. of Labor, 105 F.Supp.2d at 170-74. However, at this time, the court also takes note of recent developments at the State administrative level. When the cour...
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DECISION AND ORDER INTRODUCTION Plaintiff Ruben Mendez, formerly a prisoner at Attica Correctional Facility (“Attica”), brings this pro se action for $50 million in monetary damages and the costs of reconstructive surgery pursuant to 42 U.S.C. § 1983. Under separate orders dated June 3,1996 and December 23,1998, plaintiffs action against defendant Walter Kelly, Superin...
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DECISION AND ORDER INTRODUCTION Plaintiff William Sherman (“Sherman”) commenced this action under the Rehabilitation Act, 29 U.S.C. § 791 et seq., and initially named as defendants the Secretary of the Department of Defense, William S. Cohen; and Acting Secretary of the Air Force, S. Whitten Peters. Item 1. By a second amended complaint, Sherman withdrew his claims against Secretary Cohen. It...
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103 F.Supp.2d 1135 (2000) Mickey BRUCE, Plaintiff, v. FIRST U.S.A. BANK, NATIONAL ASSOCIATION, et al., Defendants. No. 4:99CV26 CDP. United States District Court, E.D. Missouri, Eastern Division. June 20, 2000. *1136 *1137 *1138 Blair K. Drazic, Vatterott and Shaffar, Maryland Heights, MO, John S. Steward, John S. Steward Law Offices, St. Louis, MO, for Mickey Bruce. John E. Toma, Jr., John P. La...
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INTRODUCTION Plaintiff commenced this action seeking to recover the proceeds of two life insurance policies under theories of Breach of Contract and Unjust Enrichment. Defendant moves to dismiss the complaint pursuant to Fed.R.Civ.P. 56. Items 14-16, 23. Plaintiff opposes defendant’s motion and has filed her own cross-motion for a judgment in her favor. Items 18-21. Oral argument was ...
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OPINION Plaintiffs, who were represented by Children’s Rights, Inc. (“CRI”), Schulte, Roth and Zabel, LLP (“Schulte”), and Lawyers for Children, Inc. (“LCI”), move for attorneys’ fees and expenses pursuant to 42 U.S.C. § 1988. They initially sought $9,359,569.39 in fees and out-of-pocket expenses, but later reduced their request to $7,997,313.67. For the reasons hereinafter stated, the Co...
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115 F. Supp. 2d 520 (2000) SMITH BERCH, INC. v. BALTIMORE COUNTY, MARYLAND, et al. Civil No. CCB-98-1821. United States District Court, D. Maryland. July 28, 2000. *521 Richard C. Boldt, Baltimore, MD, Jennifer D. Collier, Law Office, Ellen M. Weber, Washington, DC, for Plaintiff. Carol Saffran-Brinks, Towson, MD, Ellen M. Weber, Washington, DC, for Defendants. MEMORANDUM BLAKE, District Judge. ...
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MEMORANDUM AND ORDER Plaintiff Ambalu brings this class action suit against defendants Rosenblatt and JDR Recovery Corp. (“JDR Recovery”) for violations of the Fair Debt Collection Practices Act, 15 U.S.C. § 1962, et seq. (“Fair Debt Act”), by attempting to collect an outstanding debt using false and deceitful means. Defendant Rosenblatt has moved to compel plaintiff to accept its offer of judgmen...
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111 F. Supp. 2d 989 (2000) Beverly Kay BARTON, et al. v. Paul G. SUMMERS, et al. No. 3:00-00078. United States District Court, M.D. Tennessee, Nashville Division. May 23, 2000. James Gerald Stranch, III, Branstetter, Kilgore, Stranch & Jennings, George Edward Barrett, Douglas S. Johnston, Jr., Edmund L. Carey, Jr., Barrett, Johnston & Parsley, Nashville, TN, Richard A. Bieder, Antonio Pon...
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109 F.Supp.2d 1372 (2000) Johnnie Lee WILLIAMS, Petitioner, v. State of FLORIDA, Respondent. No. 96-8079-CIV-JORDAN. United States District Court, S.D. Florida, Miami Division. August 23, 2000. Johnnie Lee Williams, Polk City, FL, pro se. Carol Cobourn Asbury, Florida Atty General's Office, West Palm Beach, FL, for State of Florida. ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS JORDAN, Distri...
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109 F. Supp. 2d 763 (2000) Kevin THOMAS, Petitioner, v. John MORGAN, Respondent. No. 3:99CV7680. United States District Court, N.D. Ohio, Western Division. August 25, 2000. *764 Kevin Thomas, Marion, OH, pro se. Stephanie L. Watson, Office of the Attorney General, Columbus, OH, for Respondent. OPINION AND ORDER POTTER, Senior District Judge. This matter is before the Court on Kevin Thomas' amend...
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MEMORANDUM ORDER Before the Court are defendant’s motion to strike plaintiffs’ demand for a jury trial, plaintiffs’ motion to certify their action as a class action, and the parties’ responsive pleadings to these motions.1 Upon consideration of these submissions, the Court grants defendant’s motion to strike, dismisses the alternative claim pleaded by plaintiffs in Count I of their complaint, a...
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112 F. Supp. 2d 12 (2000) SECURITIES AND EXCHANGE COMMISSION, Plaintiff, v. Paul A. BILZERIAN, Defendant. No. CIV. A. 89-1854 SSH. United States District Court, District of Columbia. August 21, 2000. *13 Judith Roxanne Starr, Securities & Exchange Commission, Division of Enforcement, Washington, DC, for Plaintiff. Paul A. Bilzerian (Pro Se), Tampa, FL. OPINION STANLEY S. HARRIS, District Jud...
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109 F. Supp. 2d 306 (2000) Kathy MAGISTRINI, Plaintiff, v. ONE HOUR MARTINIZING DRY CLEANING, et al., Defendants. No. CIV.A. 96-4991. United States District Court, D. New Jersey. August 23, 2000. *307 Esther Berezofsky, Williams, Cuker & Berezofsky, Cherry Hill, NJ, for Plaintiff Kathy Magistrini. Richard J. Shackleton, Shackleton, Hazeltine & Bishop, Ship Bottom, NJ, for Defendant Dow Ch...
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111 F.Supp.2d 514 (2000) UNITED TRANSPORTATION UNION LOCAL 759, Joseph Frierson, George Service, A. Mercedat, W. Mills, M. Acevedo, Ronald Hampton, J. Sherman, Norma Chancey, E. Acevedo, Blair Olds, Malley Shaw, Calvin Burris, T. Rodriguez, Luis G. Lugardo, L. Debreaux, Nelson Manzano, J. Spann, L. Glenn, L. Hinton, Kevin Smith, E. Anderson, D. Pierre, Elois Anderson, Leroy Glenn, Gregory Morriso...
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111 F.Supp.2d 507 (2000) LA SALLE NATIONAL BANK, As Trustee under Pooling & Servicing Agreement dated as of May 1, 1998, Mortgage pass Through Certificates, Series 1998-C1, Plaintiff, v. FIRST CONNECTICUT HOLDING GROUP, L.L.C., XXIII, A New Jersey Limited Liability Company, James J. Licata, Hamilton Park Health Care Center, Ltd., A New Jersey Corporation, Public Service Electric & Gas Com...
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ORDER This criminal case presents an issue of first impression: when, within the bounds *1339 of the fourth amendment’s prohibition on unreasonable searches and seizures, can the police stop a person in order to determine whether he is an individual for whom they have an outstanding arrest warrant? For the reasons that follow, the court will apply a slightly modified version of the “reasonabl...
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Opinion and Order I. Introduction Chateau Communities, Inc. (“Chateau”) appeals a decision of the bankruptcy court that held Chateau in contempt of court. The bankruptcy court held Chateau in contempt for attempting to collect a debt from appellee-Peggy A. Miller (“Miller” or “the debtor”) that was discharged under the Bankruptcy Code. Chateau contends that the debt arose after Miller’s filin...
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110 F.Supp.2d 303 (2000) Frances D. LESSER, George Lesser, Barbara Skinner, Janet Skinner, Bruce Minnix, Corinne Minnix, Fred Wilson, Alice Steer Wilson, Martin Pyle, and Hannah Pyle, Plaintiffs, v. The CITY OF CAPE MAY, in its capacity as designee of the United States Department of Housing and Urban Development, The Honorable William G. Gaffney, as Mayor of The City of Cape May, Cathy Buford Sla...
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MEMORANDUM OPINION AND ORDER The sole remaining defendant, Port Rush, Inc. (“Port Rush”), has filed an Amended Motion for Summary Judgment on the plaintiff’s claims of discrimination and retaliation under 42 U.S.C. §§ 2000e-2 and 3 (Title VII). The motion is fully briefed, and I held oral argument on August 8, 2000. The Amended Motion for Summary Judgment is GRANTED. 1 I. The following fa...
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145 F. Supp. 2d 194 (2000) MRCA INFORMATION SERVICES, Plaintiff v. UNITED STATES of America, Defendant No. CIV 3:99CV1360 AVC. United States District Court, D. Connecticut. August 1, 2000. *195 Martin l. McCann, Zeldes, Needle & Cooper, Bridgeport, CT, for Plaintiff. Regina A. Long, U.S. Attorney's Office, Hartford, CT, John V. Cardone, U.S. Department of Justice Tax Division, Washington, DC,...
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ORDER REGARDING IN CAMERA REVIEW OF DOCUMENTS RESPONSIVE TO PLAINTIFF’S SECOND REQUEST FOR PRODUCTION OF DOCUMENTS On May 19, 2000, Defendants John W. Marsh, Sean Marsh and Heather Marsh as Trustees of the Marsh Trust (collectively “Defendants”),1 filed a Motion for a Protec*431tive Order (“Motion for Protective Order”). In the Motion for Protective Order, Defendants requested that this Court is...
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SUPPLEMENTAL MEMORANDUM AND ORDER WITH REGARD TO PLAINTIFF’S MOTION TO COMPEL (Docket No. 27) In response to the City of Springfield (“Plaintiff’)’s request for production, Rexnord Corporation and RHI Holdings, Inc. (“Defendants”) refused to produce certain documents for which they claim protection under either an attorney-client privilege or the work-product doctrine, causing Plaintiff to file...
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112 F. Supp. 2d 877 (2000) OUTLOOK WINDOWS PARTNERSHIP, a Nebraska Limited Partnership, Plaintiff, v. YORK INTERNATIONAL CORPORATION d/b/a Natkin Services; Travelers Property Casualty Insurance Company; and UtiliCorp United, Inc., d/b/a Peoples Natural Gas, Defendants. No. 4:99CV3108. United States District Court, D. Nebraska. August 21, 2000. *878 *879 *880 Timothy R. Engler, Shana Q. Wright-Ave...
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110 F.Supp.2d 81 (2000) Mary L. BELLAMY, Plaintiff, v. Kenneth S. APFEL, Commissioner of the Social Security Administration, Defendant. No. 3:98CV02214 (GLG). United States District Court, D. Connecticut. August 7, 2000. *82 *83 Mary L. Bellamy, Oakdale, CT, for Plaintiff. Ann M. Nevins, U.S. Attorney's Office, Bridgeport, CT, Deirdre Anne Martini, Ivey, Barnum & O'Mara, Greenwich, CT, for De...
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ORDER GRANTING PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT AND GRANTING DEFENDANT CLARENDONS MOTION FOR SUMMARY JUDGMENT The court heard the parties Motions on July 13, 2000. Peter W. Olson, Esq., and Kaiulani Kidani, Esq., appeared at the hearing on behalf of CIM Insurance Corporation (“CIM”); David W. Proudfoot, Esq., appeared at the hearing on behalf of Midpac Auto Center, Inc....
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109 F. Supp. 2d 84 (2000) CABLEVISION OF CONNECTICUT, L.P., Plaintiff, v. Thomas SOLLITTO, Defendant. No. 3:99 CV 2092(GLG). United States District Court, D. Connecticut. August 11, 2000. *85 Catherine Dugan O'Connor, Day, Berry & Howard, Stamford, CT, Daniel Millman, Jericho, NY, for plaintiff. James Patrick Blanchfield, Diserio, Martin, O'Connor & Castiglioni, Stamford, CT, for defendan...
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ORDER ON DEFENDANTS’ MOTION FOR ENTRY OF FINAL JUDGMENT AND FOR A STAY PENDING APPEAL This is a class-action lawsuit brought by former employees of defendant NCR Corporation under the Employee Retirement Income Security Act of 1974 (codified as amended at 29 U.S.C. §§ 1001-1461 (1994 & Supp. III 1997) and in scattered sections of Title 26 U.S.C.) (“ERISA”). Plaintiffs charged defendants on three ...
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111 F. Supp. 2d 1064 (2000) SAMPSON INVESTMENTS, Plaintiff, v. Harold SAMPSON, et al., Defendants. No. 98-C-0463. United States District Court, E.D. Wisconsin. August 22, 2000. *1065 Scott R. Halloin, Paul S. Medved, Narciso L. Aleman, Mallery & Zimmerman, Milwaukee, WI, for Plaintiff. Joseph C. Niebler, Niebler & Muren, Brookfield, WI, for Harold Sampson & Judith Sampson. David A. La...
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111 F. Supp. 2d 788 (2000) UNITED STATES of America v. Clarence Allen McHANNEY. No. Crim. 98-10014/001. United States District Court, W.D. Louisiana, Alexandria Division. June 13, 2000. *789 Clarence Allen McHanney, Collinston, LA, defendant pro se. Cristina Walker, U.S. Atty's Office, Shreveport, LA, Brett L. Grayson, U.S. Atty's Office, Lafayette, LA, for U.S. RULING LITTLE, Chief Judge. Befor...
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111 F.Supp.2d 785 (2000) Ricky HALL v. CITY OF ALEXANDRIA, et al. No. Civ.A. 00-0397. United States District Court, W.D. Louisiana, Alexandria Division. June 2, 2000. *786 Edward Larvadain, Jr., Alexandria, LA, for Ricky Hall, plaintiff. H. Bradford Calvit, Provosty Sadler & deLaunay, Alexandria, LA, for City of Alexandria, defendant. RULING LITTLE, Chief Judge. Before this court is plaintif...
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111 F. Supp. 2d 796 (2000) Rickey E. BELL v. Richard L. STALDER, et al. No. Civ.A. 00-1173A. United States District Court, W.D. Louisiana, Alexandria Division. June 15, 2000. *797 Rickey Earl Bell, Winnfield LA, plaintiff pro se. Ronald E. Corkern, Jr., Corkern & Crews, Natchitoches, LA, for Richard L. Stalder, defendant. RULING LITTLE, Chief Judge. A hearing was held in Alexandria, Louisian...
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151 F. Supp. 2d 1015 (2000) William MINNICK, Petitioner, v. Ron ANDERSON, Superintendent, Respondent. No. 3:99 CV 157 AS. United States District Court, N.D. Indiana, South Bend Division. August 22, 2000. *1016 Donald C. Swanson, Swanson and Campbell, Michelle F. Kraus, Fort Wayne, IN, for William A Minnick, petitioner. Michael R. McLaughlin, Michael A. Hurst, Indiana Attorney General, Indianapoli...
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109 F. Supp. 2d 894 (2000) Margaret CASCIANI and Anthony Casciani v. Jeanne PRUETT, and Eddie Fulton a/k/a Edward Fulton. No. 3:99-1036. United States District Court, M.D. Tennessee, Nashville Division. June 9, 2000. *895 John Edger Acuff, Cookeville, TN, David S. Stern, Rochester, NY, for plaintiff. Thomas Clifford Corts, Nashville, TN, for defendant. MEMORANDUM CAMPBELL, District Judge. I. In...
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110 F.Supp.2d 658 (2000) Nathaniel CRAIGMILES; Tommy Wilson; Craigmiles Wilson Casket Supply; Angela Brent; Jerry Harwood; and Naenia Enterprises, LLC d/b/a the Casket Store, Plaintiffs, v. Arthur GILES, in his official capacity as Executive Director of the Tennessee Board of Funeral Directors and Embalmers; Larry Meriwether, Sr., Fred S. Wheeler, Lori Keen, Edward Larson, Charles B. Manes, Karen...
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MEMORANDUM Introduction Attorney Lee J. Rohn is a competent, successful trial lawyer who has occasional *623 ly refused to follow the rules of civil procedure, decorum, and professional ethics applicable to all counsel who practice in the District Court of the Virgin Islands. Last winter, for example, I imposed sanctions upon Attorney Rohn for repeatedly using the word “...
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109 F. Supp. 2d 400 (2000) Philip A. ADELMAN, M.D. and Lauren Adelman, Plaintiffs, v. NEUROLOGY CONSULTANTS, et al., Defendants. No. Civ.A. 99-113. United States District Court, E.D. Pennsylvania. August 22, 2000. Gary Mezzy, Alfred J. Falcione, G. Alexander Bochetto, David J. Perlman, Bochetto & Lentz, Philadelphia, PA, for Plaintiffs. James D. Crawford, Tamsin J. Newman, Schnader, Harrison,...
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MEMORANDUM & ORDER Plaintiffs initially filed this case in Staten Island state Supreme Court, and defendant removed on the grounds of diversity of citizenship. Plaintiffs do not challenge the presence of diversity jurisdiction, but rather move to remand pursuant to 28 U.S.C. § 1447 on the grounds that the contract at issue contains a forum selection clause which limits litigation to s...
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MEMORANDUM & ORDER Plaintiff Benjamin Soto moves to remand this action to the Supreme Court of New York, Kings County on the ground that the removal was untimely. Defendants argue that this action was removed within 30 days from the date on which they discovered it was removable. For the reasons set forth below, plaintiffs motion to remand is denied. Background In July 1998,...
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OPINION AND ORDER Jose Manuel Cabrera-Delgado was charged in indictment 98 Cr. 1201 with reentering this country illegally after having been deported following a state court drug conviction, in violation of 8 U.S.C. § 1326(a) and (b)(2). He pleaded guilty and was sentenced to 70 months’ imprisonment. He now petitions pursuant to 28 U.S.C. § 2255 to set aside the judgment of conviction on the gr...
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121 F. Supp. 2d 1172 (2000) UNITED STATES of America ex rel. Roy NOEL, Petitioner, v. Dwayne A. CLARK, Respondent. No. 98 C 8016. United States District Court, N.D. Illinois, Eastern Division. August 29, 2000. *1173 *1174 Roy Noel, Jacksonville, IL, pro se. Rebecca Zavett, Illinois Attorney General's Office, Chicago, IL, for respondents. MEMORANDUM OPINION AND ORDER BUCKLO, District Judge. Follo...
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110 F.Supp.2d 700 (2000) DEWINDT CORP., Plaintiff, v. SCOTTSDALE INSURANCE CO., Defendant. No. 99 C 6983. United States District Court, N.D. Illinois, Eastern Division. August 21, 2000. *701 Kenneth A. Michaels, Jr., Kenneth Michaels & Associates, Chicago, IL, for DeWindt Corp., plaintiff. Patrick Charles Dowd, John Thomas Chute, Dowd & Dowd, Ltd, Chicago, IL, for Scottsdale Ins. Co., def...
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110 F.Supp.2d 1221 (2000) UNITED STATES of America, Plaintiff, v. Michael Wayne SANDERSON, et al., Defendants. No. CR-96-0074-VRW. United States District Court, N.D. California. June 29, 2000. *1222 Patrick Robbins, Office of the United States Attorney San Francisco Division, San Francisco, CA, for U.S. Randy Daar, San Francisco, CA, for Defendants. SENTENCING ORDER WALKER, District Judge. This ...
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126 F.Supp.2d 532 (2000) BETH B. and Susan and Tom B., individually and as next friends of Beth B., Plaintiffs, v. Mark VAN CLAY, individually and in his official capacity as superintendent, and Lake Bluff School District # 65, Defendants. No. 00 C 4771. United States District Court, N.D. Illinois, Eastern Division. August 24, 2000. *533 Juli Wilson Marshall, Kathleen Raven Gurrola, Latham & ...
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110 F. Supp. 2d 1260 (2000) UNITED STATES of America, Plaintiff, v. Lorenzo ANDRADE-PARTIDA, Defendant. No. CR 99-0462 CRB. United States District Court, N.D. California. August 28, 2000. *1261 William Coffman, Assistant United States Attorney, U.S. Attorney's Office, San Francisco, CA, for Plaintiff. Larry B. Kupers, Assistant Federal Public Defender, Federal Public Defender's Office, San Franci...
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109 F. Supp. 2d 1236 (2000) CHLOE Z FISHING CO., INC., et al., Plaintiffs, v. ODYSSEY RE (LONDON) LIMITED, formerly known as Sphere Drake Insurance, P.L.C., et al., Defendants. No. 99-2521-IEG RBB. United States District Court, S.D. California. April 26, 2000. *1237 *1238 Edward C. Walton, Walton and Associates, San Diego, CA, for Plaintiffs. Elizabeth Ann Kendrick, Keesal Young and Logan, Long B...
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112 F. Supp. 2d 970 (2000) Caroline PIESZAK, M.D., Plaintiff, v. GLENDALE ADVENTIST MEDICAL CENTER, et al., Defendant. No. CV 97-4705 ABC (CWX). United States District Court, C.D. California. August 1, 2000. *971 *972 *973 Andrews & Hensleigh, Barbara Hensleigh, John Aumer, Los Angeles, CA, for Plaintiff. Rushfedlt, Shelley & Drake, Linda C. Miller Savitt, Gordon N. Kojima, Sherman Oaks, ...
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110 F. Supp. 2d 1272 (2000) UNITED STATES of America, Plaintiff, v. BANCO INTERNACIONAL/BITAL S.A., Defendant. No. CV 99-6291 ABC (CWX). United States District Court, C.D. California. April 17, 2000. *1273 *1274 Gregory Staples, United States Attorney Los Angeles, for Plaintiff. Winthrop, Stimson, Putnam & Roberts, Philip Le B. Douglas, New York City, Akin, Gump, Strauss, Hauer & Feld, St...
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109 F. Supp. 2d 1177 (2000) Marjorie HERNANDEZ, Plaintiff/Petitioner, v. Susan POOLE, Defendant/Respondent. No. C-94-3143-CAL. United States District Court, N.D. California. July 10, 2000. *1178 Harold J. Rosenthan, Riordan & Rosenthal, San Francisco, CA, for plaintiff. Mark S. Howell, Deputy California State, Attorney General, Office of the Attorney General, for the State of California, San ...
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OPINION AND ORDER Plaintiff Frank H. Carr (“plaintiff’ or “Carr”) brings this action against defendants Health Insurance Plan of Greater New York (“HIP”), the Queens-Long Island Medical Group, P.C., and Reza Sabet (“Sabet”) (collectively, “defendants”), alleging that they violated his federally protected right to contract under 42 U.S.C. § 1981, as well as under related state and city pro...
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110 F.Supp.2d 458 (2000) Jeanette HINES, Plaintiff v. UNUM LIFE INSURANCE COMPANY OF AMERICA, Defendant. No. CIV.A. 99CV00174. United States District Court, W.D. Virginia, Abingdon Division. August 11, 2000. *459 *460 John M. Lamie, Abingdon, VA, for Plaintiff. William F. Rutherford, Jr., Powell M. Leitch, III, Roanoke, VA, for Defendants. MEMORANDUM OPINION AND ORDER GLEN M. WILLIAMS, Senior Di...
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MEMORANDUM OPINION AND ORDER Plaintiff Philip Jackson has filed a complaint against defendants Casio PhoneMate, Inc., Asahi Corp., and Casio Computer Co., Ltd., alleging patent infringement. Defendant Casio PhoneMate (“defendant”) has moved for summary judgment pursuant to Fed.R.Civ.P. 56. For the following reasons, defendant’s motion is granted in part and denied in part. 1 ...
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104 F. Supp. 2d 538 (2000) Andrew D. LEVY, Plaintiff, v. C.D. (Dan) MOTE, Jr., et al., Defendants. No. H-99-3072. United States District Court, D. Maryland. July 11, 2000. *539 C. Christopher Brown, Brown, Goldstein & Levy, Baltimore, MD, for plaintiff. Dawna M. Cobb, Assist. Atty. Gen., Baltimore, MD, for defendants. MEMORANDUM OPINION ALEXANDER HARVEY, II, Senior District Judge. Andrew D. ...
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112 F. Supp. 2d 616 (2000) Brent LAWSON, Plaintiff, v. DALLAS COUNTY, et al., Defendants. No. CA 3:95-CV-2614-R. United States District Court, N.D. Texas, Dallas Division. August 29, 2000. *617 Maureen Noble Armour, Ashley Wilkes Warren, Dallas, TX, Adam G. Schachter, Hitchery Law Office, Dallas, TX, for Plaintiff. Dolena T. Westergard, Dallas County Dist. Attys. Office, Dallas, TX, for Defendant...
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MEMORANDUM Defendants Ray Velazquez and Calypso Acquisition Corporation (“Calypso”) filed a Motion for Leave to Appeal an Order entered by the Bankruptcy Court on March 15, 2000, denying the Defendants’ Motion to Dismiss the Adversary Proceeding Complaint filed by Plaintiff, G. Ware Trav-elstead (the “Debtor”). No hearing is deemed necessary. See Local Rule 105.6. For the r...
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104 F. Supp. 2d 511 (2000) Patsy B. SHELDONE, et al., Plaintiffs, v. PENNSYLVANIA TURNPIKE COMMISSION, Defendant. No. CIV.A. 99-1650. United States District Court, W.D. Pennsylvania. July 17, 2000. Ernest B. Orsatti, Jason Mettley, Jubelirer, Pass & Intrieri, P.C., Pittsburgh, PA, for plaintiffs. James B. Brown, W. Scott Hardy, Cohen & Grigsby, P.C., Pittsburgh, PA, for defendant. ORDER ...
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104 F. Supp. 2d 523 (2000) ABT ASSOCIATES, INC., Plaintiff, v. JHPIEGO CORPORATION, Defendant. No. CIV. H-99-3238. United States District Court, D. Maryland. July 5, 2000. *524 *525 Robert K. Taylor, Patton Boggs, LLP, Washington, DC, for Plaintiff. Susan F. Martielli, Associate General Counsel, Johns Hopkins University, Baltimore, MD, for Defendant. MEMORANDUM OPINION ALEXANDER HARVEY, II, Seni...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW I. Introduction Plaintiffs, United Food and Commercial Workers Union and Participating Employ *381 ers Tri-State Health and Welfare Fund (the “Health & Welfare Fund”) and United Food and Commercial Workers and Participating Employers Tri-State Pension Fund (the “Pension Fund”) (the Health & Welfare Fund and the Pension Fund hereina...
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109 F.Supp.2d 1170 (2000) UNITED STATES of America, Plaintiff, v. Fermin REVUELTA, Defendant. No. CR-99-0117 CAL. United States District Court, N.D. California. June 13, 2000. George L. Bevans, Jr., Assistant U.S. Attorney, San Francisco, CA, for plaintiff. *1171 Peter Goodman, San Francisco, CA, for defendant. ORDER ON DEFENDANT'S MOTION TO DISMISS LEGGE, District Judge. Now before the court is...
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111 F. Supp. 2d 664 (2000) APT PITTSBURGH LIMITED PARTNERSHIP Plaintiff, v. LOWER YODER TOWNSHIP, CAMBRIA COUNTY, a political subdivision of the Commonwealth of Pennsylvania, and Zoning Hearing Board of Lower Yoder Township, Defendants. No. CIV. A. 98-187J. United States District Court, W.D. Pennsylvania. July 26, 2000. *665 Clifford B. Levine, Alice B. Mitinger, Thorp, Reed & Armstrong, Pitt...
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OPINION AND ORDER The complaint filed by the Securities and Exchange Commission (“SEC”) alleges that Martin A. Armstrong, and his companies, Princeton Economic International Ltd. (“PEIL”), Princeton Global Management Ltd. (“PGML”), and numerous subsidiaries and affiliates, violated section 17(a) of the Securities Act of 1933 (the “1933 Act”), 15 U.S.C. § 77g(a), and section 10(b) of the Secur...
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111 F. Supp. 2d 889 (2000) NPS ENERGY SERVICES, INC., Plaintiff, v. CONSUMERS ENERGY CO., Defendant. No. 99-72294. United States District Court, E.D. Michigan, Southern Division. August 14, 2000. Margaret A. Lynch, Kell & Lynch, PC, Birmingham, MI (Kerry S. Sullivan, Edmund M. O'Toole, Sullivan & Heard LLP, New York City, of counsel), for Plaintiff. Michael G. Wilson, James E. Brunner, Co...
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111 F.Supp.2d 633 (2000) The PHILADELPHIA HOUSING AUTHORITY, Plaintiff, v. DORE & ASSOCIATES CONTRACTING, INC. and Star Insurance Company, Defendants. No. CIV.A. 00-2077. United States District Court, E.D. Pennsylvania. September 2, 2000. *634 Jonathan S. Ziss, Philadelphia, PA, for Philadelphia Housing Authority. Jeffrey S. Rosenblum, Ballard Spahr Andrews & Ingersoll, L.L.P., Philadelph...
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106 F. Supp. 2d 8 (2000) SIGMA-TAU INDUSTRIE FRAMACEUTICHE RIUNITE, S.P.A., et al., Plaintiffs, v. LONZA, LTD., Defendant. Civil Action No. 97-0562 JHG/DAR. United States District Court, District of Columbia. June 7, 2000. *9 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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109 F. Supp. 2d 1012 (2000) Peter L. PANAYI, Plaintiff, v. NORTHERN INDIANA PUBLIC SERVICE COMPANY, Defendant. No. 3:00-CV-0138RM. United States District Court, N.D. Indiana, South Bend Division. June 2, 2000. *1013 *1014 David C. Appel, Valparaiso, IN, for Peter L. Panayi. Gail Oosterhof, Joseph S. Van Bokkelen, Goodman Ball VanBokkelen, Leonard and Kline, Highland,IN, for Northern Indiana Publi...
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110 F.Supp.2d 549 (2000) Gaylon George WALBEY, Jr., Petitioner, v. Gary L. JOHNSON, Director, Texas Department of Criminal Justice, Institutional Division, Respondent. No. CIV.A.G-99-496. United States District Court, S.D. Texas, Galveston Division. August 22, 2000. *550 *551 Brian William Wice, Attorney at Law, Michael B. Charlton, Attorney at Law, Houston, TX, Gaylon George Walbey, Jr., Huntsvi...
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111 F. Supp. 2d 1039 (2000) Donald FAIN, Plaintiff, v. FSC SECURITIES CORP., David Watercutter, and Watercutter Financial Consultants, Defendants. No. 1:00-CV-230. United States District Court, N.D. Indiana, Fort Wayne Division. August 30, 2000. *1040 Kathleen M Anderson, Barnes and Thornburg, Fort Wayne, IN, for Donald Fain, plaintiff. William L. O'Connor, Kightlinger and Gray, Indianapolis, IN,...
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111 F. Supp. 2d 865 (2000) Elena LOPEZ v. WAL-MART STORES, INC. et al. No. CIV.A.G-00-393. United States District Court, S.D. Texas, Galveston Division. August 23, 2000. Jim S Adler, Houston, TX, John M O'Quinn, O'Quinn Kerensky et al, Houston, TX, Russell Thomas Lloyd, O'Quinn & Laminack, Houston, TX, for Elena Lopez, plaintiffs. Terri Truitt Griffiths, Mayer Brown & Platt, Diana L Davis...
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OPINION AND ORDER ON NORTH-LAND INSURANCE COMPANY’S REQUEST TO CLERK FOR ENTRY OF DEFAULT JUDGMENT AND ON STEWART TITLE GUARANTY COMPANY’S MOTION TO DENY ENTRY OF DEFAULT JUDGMENT AGAINST DEFENDANTS CAILU TITLE COMPANY, DONALD G. SARE, AND KELLY L. SARE IN THE FORM REQUESTED BY PLAINTIFF This is a diversity action for declaratory judgment brought by an insurer, Northland Insurance Company (“Nor...
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OPINION Plaintiff, Donna M. Clark, alleges that Defendant, the St. Joseph Public School District, terminated her employment without just cause in breach of contract (Count I) and denied her procedural due process (Count II). On June 7 and 8, 2000, the Court conducted a bench trial in this matter. The following constitutes the Court’s findings of fact and conclusions of law in accordance with FED....
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111 F.Supp.2d 1363 (2000) Henrietta M. BOYCE, George William Boyce, Carolyn Scott Boyce, and Hugh R. Boyce, d/b/a Boyceland Dairy, Plaintiffs, v. AUGUSTA-RICHMOND COUNTY, and John Doe No. 1 through John Doe No. 100, Defendants. No. CV198-217. United States District Court, S.D. Georgia, Augusta Division. August 22, 2000. *1364 Peter V. Hasbrouck, Richard P. Decker, F. Edwin Hallman, Jr. (Decker &a...
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109 F.Supp.2d 991 (2000) UNITED STATES of America, Plaintiff, v. Charles W. DAVIS, Defendant. No. 99-30023. United States District Court, S.D. Illinois, East St. Louis Division. August 28, 2000. *992 Norman R. Smith, Fairview Heights, IL, Patty Merkamp Stemler, Washington, DC, for plaintiff. Phillip J. Kavanaugh, III, East St. Louis, MO, for defendant. OPINION RICHARD MILLS, District Judge. Few,...
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110 F.Supp.2d 762 (2000) UNITED STATES of America, Plaintiff, v. Eddie Leroy ALEXANDER, Defendant. No. 99-30067. United States District Court, S.D. Illinois, East St. Louis Division. August 28, 2000. *763 Hal Goldsmith, Fairview Heights, Patty Merkamp Stemler, Washington, DC, for plaintiff. Herman L. Jimerson, Clayton, MO, for defendant. OPINION RICHARD MILLS, District Judge. Court proceedings a...
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109 F. Supp. 2d 1009 (2000) UNITED STATES of America, Plaintiff, v. Gary Cortez QUILLING, Defendant. No. 99-30059. United States District Court, S.D. Illinois, East St. Louis Division. August 28, 2000. Richard H. Lloyd, Fairview Heights, IL, Patty Merkamp Stemler, David S. Kris, Washington, DC, for plaintiff. Renee E. Schooley, Lawrence J. Fleming, East St. Louis, IL, for defendant. OPINION RICH...
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109 F. Supp. 2d 1004 (2000) UNITED STATES of America, Plaintiff, v. Marlenhuff VON BRIGGS, Defendant. No. 99-30053. United States District Court, S.D. Illinois, East St. Louis Division. August 28, 2000. *1005 Suzanne M. Garrison, Fairview Heights, IL, Patty Merkamp Stemler, Washington, DC, for plaintiff. Daniel G. Cronin, E.St. Louis, IL, Rodney D. Irvin, Vandalia, IL, for defendant. OPINION RIC...
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110 F.Supp.2d 350 (2000) Arthur SNEAD, Petitioner v. WARDEN, F.C.I. ALLENWOOD, Respondent No. CIV.A. 1:CV-99-2181. United States District Court, M.D. Pennsylvania. August 30, 2000. Arthur Snead, FCI-Allenwood, White Deer, PA, pro se. Cheryl J. Sturm, Westtown, PA, for Arthur Snead. Kate L. Mershimer, U.S. Attorneys Office, Harrisburg, PA, for Warden of F.C.I. Allenwood, respondents. *351 MEMORA...
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111 F. Supp. 2d 18 (2000) Joseph J. MACKTAL, Jr., Plaintiff, v. Billie P. GARDE, et al., Defendants. No. CIV.A.89-2533 JGP. United States District Court, District of Columbia. July 18, 2000. Jay Loring Cohen, Chevy Chase, MD, for Joseph J. Macktal, Jr., plaintiffs. David Howard Cox, Nicholas Stillwell McConnell, Washington, DC, Vernon Webster Johnson, III, Jackson & Campbell, P.C., Washington...
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110 F. Supp. 2d 1 (2000) Hakan LANS, Plaintiff, v. GATEWAY 2000, INC., Defendant. No. CIV.A.97-2523 (JGP). United States District Court, District of Columbia. April 13, 2000. *2 Louis S. Mastriani, Steven E. Adkins, Adduci, Mastriani & Schaumberg, L.L.P., Washington, DC, for Hakan Lans, plaintiffs. David Oliver Bickart, Ross D. Cooper, Kaye, Scholer, Fierman, Hays, Handler, L.L.P., Washington...
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109 F. Supp. 2d 984 (2000) UNITED STATES of America, Plaintiff, v. Adolph BRADLEY, Defendant. No. 98-30149. United States District Court, S.D. Illinois, East St. Louis Division. August 28, 2000. *985 Hal Goldsmith, Fairview Heights, David S. Kris, Washington, DC, for plaintiff. Lawrence J. Fleming, East St. Louis, MO, for defendant. OPINION RICHARD MILLS, District Judge. The right to a fair tria...
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112 F. Supp. 2d 505 (2000) CAESARS WORLD, INC., Plaintiff, v. CAESARS-PALACE.COM, et al., Defendants. No. Civ.A. 99-550-A. United States District Court, E.D. Virginia, Alexandria Division. August 25, 2000. *506 John E. Daniel, Peter A. Abruzzese, Nicholas L. Coch, Eric Roman, Kramer Levin Naftalis & Frankel LLP, New York City, John F. Anderson, Richards McGettigan Reilly & West P.C., Alex...
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112 F. Supp. 2d 449 (2000) Ken RECUPITO, on behalf of himself and all others similarly situated v. PRUDENTIAL SECURITIES, INC., et al. No. CIV.A.DKC 99-2992. United States District Court, D. Maryland. August 17, 2000. *450 *451 Charles J. Piven, Law Offices of Charles J. Piven, P.A., Baltimore, MD, for Plaintiff. John D. Aldock, Shea & Gardner, Richard L. Brusca, Law Office, Washington, DC, f...
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111 F. Supp. 2d 627 (2000) Garabet and Isabel APOIAN, Plaintiffs, v. AMERICAN HOME PRODUCTS CORPORATION and Wyeth-Ayerst Laboratories Company, Defendants. No. CIV.A. 00-3083. United States District Court, E.D. Pennsylvania. August 31, 2000. Lisa R. Schwartz, Philadelphia, PA, for Plaintiff. Michael T. Scott, Philadelphia, PA, for Defendant. MEMORANDUM LOWELL A. REED, Jr., Senior District Judge. ...
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111 F.Supp.2d 1044 (2000) Mary PERUGINI-CHRISTEN, Plaintiff, v. HOMESTEAD MORTGAGE COMPANY and Reliance Standard Life Insurance Company, Defendants. No. 1:00 CV 57. United States District Court, N.D. Indiana, Fort Wayne Division. August 30, 2000. *1045 Richard I. Snouffer, Snouffer and Snouffer, Fort Wayne, IN, Alan VerPlanck, James Fenton, Eilbacher Scott Inc., Fort Wayne, IN, for Mary Perugini-...
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OPINION AND ORDER DENYING DEFENDANT’S MOTION TO DISMISS INDICTMENT I. INTRODUCTION Defendant Robert Bournes is charged in a one-count indictment with unlawful possession of two unregistered machine guns, in violation of 26 U.S.C. § 5861(d). On March 28, 2000, Defendant brought a Motion to Dismiss Indictment, as well as a Motion for Jury Instructions regarding various defe...
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111 F. Supp. 2d 859 (2000) Deborah BROWN, et al. v. EUROCOPTER S.A., American Eurocopter Corp., and Ampep, PLC. No. CIV.A.G-98-529. United States District Court, S.D. Texas, Galveston Division. August 23, 2000. Francis G Fleming, Brian J Alexander, Andrew J. Maloney, Kreindler & Kreindler, New York, NY, James Housley Furman, Byrd Davis & Eisenberg, Austin, TX, for Deborah Brown, David Nat...
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CORRECTED OPINION Defendant Jaime Duran-Benitez (“Duran”) was arrested on September 16, 1997, along with a co-defendant Ivonne Rodas-Bustamante (“Rodas”) and her sister, Mayerlin Valencia-Bustamante. These arrests were made after “surveillance [led] to the discovery of, inter alia, $35,000 in a leather knapsack being carried by [Duran], drug records in the possession of [Rodas] and 130 grams ...
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104 F. Supp. 2d 715 (2000) Tommy SMOTHERS, Plaintiff, v. TRACTOR SUPPLY COMPANY, Defendant. No. CIV.A. 5:99CV-256-R. United States District Court, W.D. Kentucky, Paducah Division. April 29, 2000. *716 John T. Carneal, Paducah, KY, for Tommy Smothers. Donald Killian Brown, Krauser, Brown & Walsh, Louisville, KY, for CNA Commercial Ins. Co. Charles D. Walter, Amy Jo Harwood, Boehl, Stopher &...
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113 F.Supp.2d 742 (2000) Denise HIESTER, et. al., Plaintiffs, v. Sergeant Ronald FISCHER, et. al., Defendants. No. CIV.A. 99-2963. United States District Court, E.D. Pennsylvania. September 1, 2000. *743 Mark W.F. Adams, Law Offices of Adams & Buonocore, Philadelphia, PA, for plaintiffs. C. Alexa Abowitz, David J. MacMain, Montgomery, McCracken, Walker & Rhoads, Philadelphia, PA, Randall ...
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110 F.Supp.2d 532 (2000) Mark E. BROUSSARD, Jr., Plaintiff, v. ORYX ENERGY COMPANY, Defendant. No. CIV.A. 1:00-CV-28. United States District Court, E.D. Texas, Beaumont Division. August 29, 2000. *533 Elwood Clement Stevens, Jr., Morgan City, LA Joseph Warren Walker, Houston, TX, for plaintiff. William John Bux, Locke, Liddell & Sapp, David M. Gregory, Locke, Liddell & Sapp, Houston, TX, ...
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ORDER Plaintiff Charlie Gibbons, an African American male and former associate professor of Health and Physical Education and director of the Intramural Athletics Program at Auburn University at Montgomery (AUM), filed this lawsuit against his former employers, claiming they subjected him to unlawful racial discrimination. He names both AUM and its parent institution Auburn University as ...
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110 F.Supp.2d 1354 (2000) Merry M. WICHMAN, Plaintiff, v. COUNTY OF VOLUSIA, d/b/a Votran, The County Council Sitting as The East Volusia Transportation Tax District Board d/b/a Votran, McDonald Transit Management d/b/a McDonald Transit Associates d/b/a Votran, and Volusia Transit Management Inc., d/b/a Votran, Defendants. No. 99-821 CIV ORL-19C. United States District Court, M.D. Florida. Januar...
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ORDER The defendant filed a motion for discovery (Doe. 21) but, according to the minutes of a hearing before U.S. Magistrate Judge Moreno on August 24, 2000, counsel for the defendant stated on the record that he was withdrawing such motion, stating, however, that he needs the daily planners and “spec book”. The government promised to furnish the “spec book”, apparently saying nothing about the d...
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110 F. Supp. 2d 1200 (2000) NADER 2000 PRIMARY COMMITTEE, INC., Ralph Nader, Winona Laduke, Catherine Enyeart, and Mark Dunlea, Plaintiffs, v. Joyce HAZELTINE, in her official capacity as Secretary of State for the State of South Dakota, Defendant. Hagelin 2000, John Hagelin, Mary J. Hutchison, James D. Hutchison, Robert J. McRae and Charlotte Watson, Applicants for Intervention No. CIV. 00-3032....
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109 F. Supp. 2d 1066 (2000) Timothy HELSETH, Plaintiff, v. John BURCH and City of Blaine, Defendants. No. CIV. 98-140 JRT/FLN. United States District Court, D. Minnesota. August 18, 2000. *1067 *1068 James R. Schwebel, Schwebel Goetz & Sieben, Minneapolis, MN, Robert Bennett and Eric Hageman, Gartner, Bennett & Schupp, Minneapolis, MN, for plaintiff. Jon K. Iverson, Paul D. Reuvers, Ersta...
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112 F. Supp. 2d 923 (2000) Betty Ann GROSS, f/k/a Owen, Plaintiff, v. Robert R. WEBER, Defendant. No. CIV. 97-1025. United States District Court, D. South Dakota, Northern Division. August 28, 2000. *924 Richard Leroy Johnson, Timothy Joseph Langley, Sioux Falls, SD, for Plaintiffs. David R. Gienapp, Arneson, Issenhuth & Gienapp, Madison, SD, for Defendants. AMENDED ORDER KORNMANN, District ...
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109 F.Supp.2d 1219 (2000) UNITED STATES of America, Plaintiff, v. Jaime Aberlado BASALO, Defendant. No. CR-96-0074-VRW. United States District Court, N.D. California. August 29, 2000. *1220 Patrick Robbins, Office of the United States Attorney San Francisco Division, San Francisco, CA, for U.S. Gail Shifman, Attorney at Law, San Francisco, CA, for Defendant. SENTENCING ORDER WALKER, District Jud...
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*1100 ORDER One aspect of Howick’s Rule 29 motion was precipitated by a jury question. During deliberations the jury asked what the phrase “bringing into” meant. They wanted to know if it required physical possession and control, or if it meant that one causes an object to be brought into the United States. Counsel for Howick asked that no further instruction on the meaning of th...
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OPINION Vincente Gonzalez (“plaintiff’ or “claimant”) brings this action pursuant to 42 U.S.C. §§ 405(g) and 1383(c)(3) challenging a final determination by the Commissioner of Social Security (“Commissioner”) denying his application for Supplemental Security Income (“SSI”) disability benefits. Both parties move for judgment on the pleadings pursuant to Rule 12(c), F.R. Civ. P. BACKGROUND P...
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ORDER DISMISSING SECOND AMENDED COMPLAINT WITH PREJUDICE I. PROCEDURAL BACKGROUND By minute order dated February 16, 1999, the Court dismissed plaintiffs First Amended Complaint (FAC) for failure to satisfy the pleading standards set by the Private Securities Litigation Reform Act of 1995 (“PSLRA”) in connection with actions brought under Section 10(b) of the Securities and Exchange Act. ...
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ORDER This is a wrongful death and survivor-ship case arising from a motor vehicle accident between Richard H. Mann, Jr. and Scott W. DeWyse. Pending are 1) Waste Management of Ohio, Inc.’s and Waste Management, Inc.’s (collectively Waste Management) appeal from the bankruptcy court’s decision to transfer this case from state to federal court, and 2) Waste Management’s motion that I absta...
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104 F. Supp. 2d 729 (2000) CENTERIOR SERVICE COMPANY, et al., Plaintiffs, v. ACME SCRAP IRON & METAL, et al., Defendants. and cases consolidated therewith No. 1:94 CV 1588. United States District Court, N.D. Ohio, Eastern Division. May 1, 2000. *730 Thomas M. Downs, Swidler Berlin Shereff Friedman, Washington, DC, for plaintiff. Carter E. Strang, Arter & Hadden, Cleveland, for defendant A...
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109 F. Supp. 2d 1342 (2000) Tommy C. NEWMAN, Plaintiff, v. SPECTRUM STORES, INC., Protective Life Insurance Company, et al., Defendants. Spectrum Stores, Inc., Third Party Plaintiff, v. Cma Agency, Inc., Third Party Defendant. No. CIV.A. 00-A-720-E. United States District Court, M.D. Alabama, Eastern Division. August 30, 2000. *1343 *1344 Linda D. Benson, Linda D. Benson, PC, East Tallassee, AL, ...
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110 F.Supp.2d 1344 (2000) Stanley YOUNG and Jennifer Bryant, Plaintiffs, v. JIM WALTER HOMES, INC., Defendant. No. CIV.A. 00-A-417-N. United States District Court, M.D. Alabama, Northern Division. August 25, 2000. *1345 Julian L. McPhillips, Aaron J. Luck, Montgomery, AL, for plaintiff. George W. Walker, Montgomery, AL, for defendant. MEMORANDUM OPINION ALBRITTON, Chief Judge. I. INTRODUCTION ...
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104 F.Supp.2d 892 (2000) Richard K. WOLFF, Plaintiff, v. Thomas E. MOORE, et al., Defendants. No. C-1-96-708. United States District Court, S.D. Ohio, Western Division. July 7, 2000. *893 Robert Franklin Laufman, Paul Montague Laufman, Laufman & Gerhardstein, Cincinnati, OH, for Richard K Wolff, plaintiff. Thomas Russell Smith, Bunke Henkel Haverkamp Smith & Riehl 1, Cincinnati, OH, for T...
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111 F.Supp.2d 1020 (2000) NORTHERN INDIANA GUN & OUTDOOR SHOWS, INC. Plaintiff, v. Brian HEDMAN and Karl King, Defendants. No. 3:96-CV-842RM. United States District Court, N.D. Indiana, South Bend Division. August 21, 2000. *1021 Jay T. Hirschauer, Hirschauer and Hirschauer, Logansport, IN, for Northern Indiana Gun & Outdoor Shows Inc., plaintiffs. Thomas L. Bodnar, Robert C. Rosenfeld, S...
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111 F. Supp. 2d 1030 (2000) Amanda J. RAMSEY, et al., Plaintiffs, v. CONSOLIDATED RAIL CORPORATION, et al., Defendants. No. 3:97-CV-0764RM. United States District Court, N.D. Indiana, South Bend Division. August 29, 2000. *1031 Mark Allen Scott, Daniel J. Harrigan, Bayliff Harrigan Cord and Maugans, Kokomo, for Amanda J. Ramsey, Peggy J. Ramsey, plaintiffs. Harold Abrahamson, Michael C. Adley, Ab...
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112 F. Supp. 2d 742 (2000) MIAMI NATION OF INDIANS OF INDIANA, et al., Plaintiffs, v. Bruce BABBITT, et al., Defendants. No. 3:92-CV-0586RM. United States District Court, N.D. Indiana, South Bend Division. July 26, 2000. *743 *744 Arlinda F. Locklear, Jefferson, MD, Lorna K Babby, Native American Rights Fund, Washington, DC, David L Kiley, Sr., Albert C. Harker, Keith M. Harper, Kiley Kiley Harke...
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MEMORANDUM AND ORDER Karen L. Cole and Stacey E. Spiegel sue St. Joseph County, County Human Resources Director Tom Borowski, and Court Substance Abuse Program director Mah-lon Wise, seeking compensatory, punitive, and declaratory relief for violations of the Due Process Clause and the First Amendment of the United States Constitution pursuant to 42 U.S.C. § 1983; conspiracy pursuant to 4...
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104 F.Supp.2d 159 (2000) UNITED STATES of America, v. Javier RIVERA. Nos. Crim.A. 9940027NMG, 9940030NMG. United States District Court, D. Massachusetts. June 16, 2000. MEMORANDUM & ORDER GORTON, District Judge. On December 20, 1999 Javier Rivera ("Rivera"), who was charged in two indictments with participation in separate conspiracies to distribute cocaine, was released on conditions. On May 12...
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111 F. Supp. 2d 1082 (2000) UNITED STATES of America, Plaintiff, v. Andrew ACOSTA, Mohammed Ayesh, Doug Beyreis, Christopher Colton, Carlos Diaz, Shaun Dougherty, Jorge Espada, Vernon Fields, Felix Guzman, Jerry Guzman, Bernardo Hernandez, Raul Maldonado, Daniel Martinez, Pedro Martinez, Gamaliel Matos, Natanael Matos, Antonio Mendez, Alvaro Mendoza, Daniel Mendoza, Raciel Mendoza, Raymond Mendoz...
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111 F. Supp. 2d 1071 (2000) NORTHGATE MOTORS, INC., Gateway Chevrolet-Cadillac, Inc. and William Kopecko, Plaintiffs, v. GENERAL MOTORS CORPORATION, Defendant. No. 99-C-0900. United States District Court, E.D. Wisconsin. August 22, 2000. *1072 *1073 Erie T. Raskopf, Oconomowoc, WI, Stanley Morganstern, Cleveland, OH, for Plaintiffs. Roberta F. Howell, Madison, WI, for Defendant. DECISION AND ORD...
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109 F. Supp. 2d 1081 (2000) Jesse MONTGOMERY, Plaintiff, v. INDEPENDENT SCHOOL DISTRICT NO. 709, Defendant. No. 99-393 JRT/RLE. United States District Court, D. Minnesota. August 23, 2000. *1082 *1083 Kyle H. Torvinen, Hendricks, Knudson, Gee, Hayden, Torvinen & Weiby, Superior, WI, for plaintiff. Elizabeth A. Storaasli, Boyd Agnew Dryer & Storaasli, Duluth, MN, for defendant. MEMORANDUM...
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111 F. Supp. 2d 649 (2000) VISUAL SECURITY CONCEPTS, INC., Plaintiff, v. KTV, INC., et al., Defendants. No. CIV.A.98-4921. United States District Court, E.D. Pennsylvania. September 5, 2000. *650 Gavin P. Lentz, Stephen E. Skovron, Bochetto & Lentz, P.C., Philadelphia, PA, Neil A. Morris, Neal A. Morris Associates, P.C., Philadelphia, PA, for Plaintiff. Seth Natter, Natter and Natter, New Yor...
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111 F. Supp. 2d 638 (2000) Mark H. GALLANT, Administrator of the Estate of William Ash Gallant, Deceased, Plaintiff, v. TRUSTEES OF COLUMBIA UNIVERSITY IN THE CITY OF NEW YORK, Defendant. No. CIV.A.00-2058. United States District Court, E.D. Pennsylvania. September 2, 2000. *639 Mitchell J. Shore, Philadelphia, PA, for plaintiff. Peter J. Lynch, Barbara L. Schmuck, Christie, Pabarue, Mortensen &a...
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110 F.Supp.2d 94 (2000) Robert T. RITZ, Plaintiff, v. TOWN OF EAST HARTFORD, East Hartford Board of Education, and George Drumm, in his individual capacity, Defendants. No. 3:97CV01863 (GLG). United States District Court, D. Connecticut. August 25, 2000. *95 *96 Jacques J. Parenteau, William G. Madsen, Richard Eugene Hayber, Madsen & Prestley, Hartford, CT, for Plaintiff. Michael Peter McKeon...
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112 F. Supp. 2d 82 (2000) HARPAK, INC., Plaintiff, v. CONVENIENCE FOOD SYSTEMS, INC., MA.CON Engineering SRL, Tiromat, S.p.A., and CFS Limited, Defendants. No. Civ.A. 99-10070-WGY. United States District Court, D. Massachusetts. August 4, 2000. Michael L. Altman, Rubin & Rudman, Boston, MA, Eric S. Solowey, Rubin and Rudman, Boston, MA, James J. Foster, Robert E. Rigby, Jr, Wolf, Greenfield &...
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111 F. Supp. 2d 60 (2000) Edovidio R. CARRANZA, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. Civ.A. 99-11292-REK. United States District Court, D. Massachusetts. July 25, 2000. Edovidio R. Carranza, Shirley, MA, petitioner pro se. Edward J. Duffy, Office of Immigration Litigation, Civil Division, DOJ, Washington, DC, Brenda M. O'Malley, Dept of Justice, Civil Division, W...
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112 F. Supp. 2d 112 (2000) SYSTEM MANAGEMENT, INC., Forget Me Not Services, Inc., Jose R. Cruz, Victor Laboy, Juan Ayala and Juan Ortega, Plaintiffs, v. Kenneth LOISELLE, Defendant. No. Civ.A. 99-10744-WGY. United States District Court, D. Massachusetts. August 25, 2000. Gabriel O. Dumont, Jr., Law Offices of Gabriel Dumont, Boston, MA, for plaintiffs. Patricia A. Sullivan, Armando E. Batastini, ...
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MEMORANDUM DECISION Pending before the Court is Defendant’s Renewed Motion to Dismiss Counts Two, Three, and Four of Plaintiffs Revised Complaint [Doc. # 26]. Following oral argument and after consideration of the moving papers and opposition, the Court DENIES the Motion to Dismiss. Background This case is brought by plaintiff as a judgment creditor, subrogee, and assign...
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MEMORANDUM AND ORDER Brandishing Seminole Tribe of Florida v. Florida, 517 U.S. 44, 57, 116 S.Ct. 1114, 134 L.Ed.2d 252 (1996) as its banner, appellant, the Commissioner of Revenue of the Commonwealth of Massachusetts (“the Commonwealth”) challenges the decision of the Bankruptcy Court (Queenan, J.) denying its motion to dismiss for lack of jurisdiction under the Eleventh Amendment and discha...
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109 F. Supp. 2d 55 (2000) Pauline STATHIS, Plaintiff, v. NATIONAL CAR RENTAL SYS., INC., and Vijay Sukhadeve, Defendants. No. Civ.A.99-11805-WGY. United States District Court, D. Massachusetts. August 8, 2000. William A. Ryan, Jr., Comins & Newbury, Boston, MA, for Pauline A. Stathis, plaintiff. David A. Hilton, Morrison, Mahoney & Miller, Boston, MA, for National Car Rental Systems, Inc....
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112 F. Supp. 2d 89 (2000) Thomas R. BATEMAN, Plaintiff, v. FEDERAL DEPOSIT INSURANCE CORPORATION, Defendant. No. CIV. A. 99-11191-MEL. United States District Court, D. Massachusetts. August 22, 2000. *90 Matthew J. Matule, Skadden, Arps, Slate, Meagher & Flom, Boston, MA, for Plaintiff. John Foskett, Lawrence R. Holland, Berin Sultan, Deutsch, Williams, Brooks, DeRensis, Holland & Drachma...
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112 F. Supp. 2d 99 (2000) GSI LUMONICS, INC., a Canadian Corporation, Plaintiff, v. BIODISCOVERY, INC., a California corporation, and Soheil Shams, an individual, Defendants. No. Civ.A. 99-12544-WGY. United States District Court, D. Massachusetts. August 25, 2000. *100 Daniel J. Lyne, Sharon H. Patton, Hanify & King, P.C., Boston, MA, Kathleen E. Cross, Hanify & King, Boston, MA, for plai...
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MEMORANDUM OF DECISION I. Background The District Court has jurisdiction over appeals from final judgments of the Bankruptcy Court. See 28 U.S.C. § 158(a). It will not disturb a Bankruptcy Court’s findings of fact unless clearly erroneous. See In re Parrotte, 22 F.3d 472, 474 (2d Cir.1994). However, legal determinations are subject to de novo ...
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110 F.Supp.2d 1201 (2000) NADER 2000 PRIMARY COMMITTEE, INC., Ralph Nader, Winona Laduke, Catherine Enyeart, and Mark Dunlea, Plaintiffs, v. Joyce HAZELTINE, in her official capacity as Secretary of State of South Dakota, Defendant. No. CIV. 00-3032. United States District Court, D. South Dakota, Central Division. August 29, 2000. *1202 *1203 Elizabeth Daniel, Brennan Center for Justice, New York...
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MEMORANDUM OPINION The Court previously denied defendant’s motion to suppress physical evidence and a custodial statement made following his arrest. It now issues this opinion, as the motion raises two significant issues. Facts Defendant was arrested in an after-hours club in the Bronx, as a result of an “anonymous” tip to a 911 operator. On February 6, 2000, shortly after six a.m., a wom...
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111 F.Supp.2d 1016 (2000) Ruby WALKER, Personal Representative and Administratrix of the Estate of Eric L. Walker, Deceased, Plaintiff, v. CONSOLIDATED RAIL CORP., Defendant. No. 3:98-CV-0227RM. United States District Court, N.D. Indiana, South Bend Division. July 10, 2000. Lawrence Katz, Joseph A. Coffey, Jr., Michael J. Olley, Coffey and Kaye, Bala Cynwyd, PA, for Ruby L. Walker, plaintiff. Har...
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111 F. Supp. 2d 1140 (2000) Genevieve FAIR, Plaintiff, v. ARKANSAS PUBLIC EMPLOYEES RETIREMENT SYSTEM, Defendant. No. LR-C-99-042. United States District Court, E.D. Arkansas, Western Division. August 25, 2000. *1141 Sheila F. Campbell, Little Rock, AR, for Plaintiff. Mark Pryor, Arkansas Attorney General by Wendy K. Michaelis, Arkansas Attorney General's Office, Little Rock, AR, for Defendant. ...
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121 F. Supp. 2d 264 (2000) Xavier ROMEU, Plaintiff, and Pedro Rossello, in his official capacity as Governor of the Commonwealth of Puerto Rico, Plaintiff-Intervenor, v. William S. COHEN, Secretary of Defense of the United States, William Jefferson Clinton, President of the United States, George Pataki, Governor of the State of New York, and Carolee Sunderland, Commissioner of the Westchester Cou...
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OPINION Defendant the United States of America (the “Government”) seeks an order -dismissing the complaint in this action as against the Government for lack of subject matter jurisdiction pursuant to Federal *420 Rule of Civil Procedure 12(h)(3). The motion is opposed by plaintiffs Eileen Brot-man (“Mrs.Brotman”) and Aaron Brotman (“Mr.Brotman”) (collectively, the “Brot-mans”). For the re...
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110 F.Supp.2d 1086 (2000) Frank STEVENSON and Rebecca Harshberger, Administratrix of the Estate of Mary E. Stevenson, Deceased, Plaintiffs, v. UNION PACIFIC RAILROAD COMPANY, Defendant. No. 2:99-CV-00160 WRW. United States District Court, E.D. Arkansas, Helena Division. August 29, 2000. B. Michael Easley, Easley, Hicky, Cline & Hudson, Forrest City, AR, Robert L. Pottroff, Meyers, Pottroff an...
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*532 ORDER THIS CAUSE is before the Court on appeal from the entry of final summary judgment in Appellant’s Adversary Proceeding in the Bankruptcy Court below pursuant to 28 U.S.C. § 158. I. Standard of Review This Court functions as an appellate court in reviewing a bankruptcy court’s decision. 28 U.S.C. § 158. Findings of *533 fact by the bankruptcy judge shall be upheld on appeal...
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MEMORANDUM AND ORDER Plaintiffs, licensors and manufacturers of sports and entertainment trading cards (collectively “licensors and manufacturers”), bring this consolidated action for a declaratory judgment and an injunction against a defendant class of alleged sports and entertainment trading card purchasers (the “card purchasers”). The licensors and manufacturers seek a declaration that...
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MEMORANDUM DECISION AND ORDER Introduction The issue of this case is whether the Colorado Parental Notification Act (Act)1, Colo.Rev.Stat. §§ 12-37.5-101, et seq. (1998), which requires a physician to notify the parents of a minor prior to performing an abortion upon her, violates the minor’s rights protected by the United States Constitution. The organizational plaintiffs are corporations that...
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115 F. Supp. 2d 772 (2000) PACCAR, INC., Plaintiff, v. TELESCAN TECHNOLOGIES, L.L.C., Defendant. No. 99-76199. United States District Court, E.D. Michigan, Southern Division. August 25, 2000. *773 *774 Thomas G. Cardelli, R. Carl Lanfear, Jr., Cardelli, Hebert & Lanfear, P.C., Royal Oak, MI, David C. Lundsgaard, Graham & Dunn, P.C., Seattle, WA, for plaintiff. Arnold S. Weintraub, Plunket...
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110 F.Supp.2d 24 (2000) Jack SETIAN, Plaintiff, v. Kenneth S. APFEL, Commissioner, Social Security Administration, Defendant. No. CIV.A. 99-30190-KPN. United States District Court, D. Massachusetts. August 23, 2000. *25 Patricia A. Zak, Alan D. Sisitsky, Springfield, MA, for Jack Setian, Plaintiffs. George B. Henderson, II, Gina Y. Walcott, U.S. Attorneys Office, Boston, MA, for Kenneth S. Apfel,...
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111 F. Supp. 2d 71 (2000) The CITY OF SPRINGFIELD, Plaintiff, v. REXNORD CORPORATION and RHI Holdings, Inc., Defendants. No. Civ.A. 99-30106-MAP. United States District Court, D. Massachusetts. August 24, 2000. Patricia T. Martinelli, Peter P. Fenton, Harry P. Carroll, City of Springfield, Law Department, Springfield, MA, for City of Springfield, plaintiff. Berndt W. Anderson, Robert P. Landau, R...
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112 F. Supp. 2d 902 (2000) U & I SANITATION, Plaintiff, v. CITY OF COLUMBUS, Defendant. No. 4:97CV3334. United States District Court, D. Nebraska. August 30, 2000. Douglas J. Peterson Knudsen, Berkheimer Law Firm, Lincoln, NE, for Plaintiff. John P. Heil, Patrick J. Ickes, Baird, Holm Law Firm, Omaha, NE, Stan A. Emerson Sipple, Hansen Law Firm, Columbus, NE, for Defendant. KOPF, Chief Judge....
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111 F. Supp. 2d 96 (2000) Lourdes V. ARIAS-ROSADO, et als., Plaintiffs, v. Pedro GONZALEZ TIRADO, et als., Defendants. No. Civ. 99-1947 GG. United States District Court, D. Puerto Rico. August 11, 2000. *97 Vicente & Cuebas, Harold D. Vicente-Colon, San Juan, PR, for plaintiffs. Law Offices of Ivan M. Fernandez, Eduardo Castillo Blanco, Hato Rey, PR, for codefendants Eulogio Miranda Quiles, P...
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109 F.Supp.2d 1328 (2000) UNITED STATES of America, Plaintiff, v. Raymond TAN, Defendants. No. 00-13 LH. United States District Court, D. New Mexico. August 2, 2000. *1329 Miles Hanisee, Assistant U.S. Attorney, Albuquerque, NM, for Plaintiff. Ray R. Twohig, Jr., Albuquerque, NM, for Defendants. MEMORANDUM OPINION AND ORDER HANSEN, District Judge. THIS MATTER comes before the Court on Defendant ...
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106 F. Supp. 2d 124 (2000) UNITED STATES of America, Plaintiff, v. George MIZHIR d/b/a/ Mizhir Oil Company, Defendant. No. Civ.A. 98-40093-NMG. United States District Court, D. Massachusetts. June 28, 2000. Anita Johnson, U.S. Attorney's Office, Boston, MA, for Plaintiff. Joseph E. Mizhir, Law Offices of Robert H. D'Auria, Bedford, MA, for Defendants. MEMORANDUM AND ORDER GORTON, District Judge....
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111 F. Supp. 2d 542 (2000) Roberta TEHAN, D.M.D., Plaintiff, v. DISABILITY MANAGEMENT SERVICES, INC., Reassure America Life Insurance Company, and Cybertek Corporation, Defendants. Civil Action No. 00-2311 (MLC). United States District Court, D. New Jersey. September 7, 2000. *543 *544 David Lustbader, Livingston, NJ, for Plaintiff. Mark E. Duckstein, Sills, Cummis, Zuckerman, Radin Tishman, Epst...
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111 F. Supp. 2d 799 (2000) John D. BAKER, et al. v. FIRST AMERICAN NATIONAL BANK. No. 99-2202. United States District Court, W.D. Louisiana. June 27, 2000. *800 John M. Frazier, Armand L. Roos, Roos & Frazier, Shreveport, LA, for John D. Baker, plaintiff. L. David Cromwell, Pettiette Armand et al., Shreveport, LA, for First American National Bank. ORDER WALTER, District Judge. For the reason...
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111 F. Supp. 2d 103 (2000) Salvatore J. LISI, Plaintiff, v. Kenneth S. APFEL, Commissioner of Social Security, Defendant. C.A. No. 98-024-L. United States District Court, D. Rhode Island. September 5, 2000. *104 David B. Green, Green, Greenberg & Nesselbush, Providence, RI, for Plaintiff. *105 Robin E. Feder, U.S. Attorney's Office, Providence, RI, for Defendant. DECISION AND ORDER LAGUEUX, ...
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MEMORANDUM OF DECISION AND ORDER Before the Court is Defendant’s Motion for Summary Judgment pursuant to Fed. R.Civ.P. 56 (Docket # 11). For the reasons discussed below, the Court will grant the Motion. Plaintiffs claims, sounding in breach of warranty, negligence and strict liability, arise out of the failure of a by-pass condenser at the Penobscot Energy Recovery Company waste management fa...
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MEMORANDUM OF DECISION AND ORDER This action involves the search of Plaintiff Brent Barstow’s (“Barstow”) prison cell and temporary seizure of some of his papers. Acting pro se, Barstow filed a six-count complaint against Bryan Lamoreau, Sheriff of Kennebec County, Gilbert Tur-cotte (“Turcotte”), a Detective with Kenne- *4 bee County Sheriffs Office, and Nancy Reins, Wes Kieltyka, and Zacke...
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MEMORANDUM OF DECISION AND ORDER This case involves a dispute over the amount of payments in lieu of taxes (“PILOTS”) that Plaintiffs, the Houlton Band of Maliseet Indians (“the Band”) and the Houlton Band of Maliseet Indians Tribal Housing Authority (“the Housing Authority” or “the Authority”), owe to Defendant, the Town of Houlton (“the Town”), for a parcel of land known as the “Longstaff ’ p...
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109 F.Supp.2d 459 (2000) William REED, Plaintiff, v. E.I. DU PONT DE NEMOURS AND COMPANY, Defendant. No. CIV.A. 2:99CV-0081. United States District Court, S.D. West Virginia, Charleston Division. January 31, 2000. *460 Stuart Calwell & John Skaggs, Calwell & McCormick, Charleston, WV, for plaintiff. H. Dill Battle, III, Niall A. Paul, Paula Dorst Gillis, Spilman Thomas & Battle, Charl...
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111 F. Supp. 2d 529 (2000) Eric V. THOMAS, D.M.D., individually, Administrator, and Administrator ad prosequendum of the Estate of Tracy Rose Thomas, and as parent and natural guardian of Alix Thomas, Plaintiff. v. FORD MOTOR COMPANY, et al., Defendants. No. 99-451 (SMO). United States District Court, D. New Jersey. August 31, 2000. *530 James H. Pickering, Jr., South Seaville, NJ, Thomas E. Mell...
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111 F. Supp. 2d 100 (2000) UNITED STATES of America, Plaintiff, v. Jorge PARIS LOPEZ, et al., Defendants. International Export Parts, Inc., Brookfield Automotive Export Co., Intermark Industries, Inc., Dr. Hernando Márquez Aristazabal, Commerce-Bank, N.A. (assignee of Sumidata, Inc.'s claims to the seized assets), Advance International System d/b/a Compumax, Inc., MicroInformatica, Inc., Fortuity...
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MEMORANDUM OPINION This is an action by Mario Valente Col-lezioni, Ltd., a designer, importer and wholesaler of men’s overcoats, against Semeraro Paolo, an Italian citizen who personally does business under the name Confezioni Semeraro Paolo, S.R.L. (“CSP”), and his Italian company, Confez-ioni Mario Valente — Firenze, S.R.L. (“CMV”). The matter now is before the Court on the defendants’ ...
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121 F. Supp. 2d 258 (2000) NORWEST FINANCIAL, INC., Plaintiff, v. Juan Carlos FERNANDEZ and Gustavo Carlos Lanzillotta, Defendants. No. 98 CIV. 6635(SAS). United States District Court, S.D. New York. September 7, 2000. *259 David Dunn, Hogan & Hartson, LLP, New York City, for Plaintiff. Oleg Rivkin, Fox Horan & Camerini, LLP, New York City, for Defendants. MEMORANDUM OPINION AND ORDER SC...
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OPINION Nominal defendant The Brazilian Equity Fund, Inc. (the “Fund”), defendants BEA Associates (“BEA”), Emilio Bassini (“Bas-sini”), Richard Watt (‘Watt”), Daniel Sigg (“Sigg”) (collectively, the “BEA Defendants”), and defendants Dr. Enrique R. Arzac (“Arzac”), James J. Cattano (“Catta-no”), Peter A. Gordon (“Gordon”), George W. Landau (“Landau”) and Martin M. To-rino (“Torino”) (c...
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MEMORANDUM OPINION Plaintiff Rajaa A1 Mukaddam (“Mukad-dam”) was employed by the defendant Permanent Mission of Saudi Arabia to the United Nations (the “Mission”) for over 14 years. Plaintiff contends that she was wrongfully terminated by the defendant in April 1998 following a pattern of harassment and gender discrimination that began in 1996 and asserts claims of wrongful termination an...
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MEMORANDUM OPINION AND ORDER Plaintiff Westport Petroleum, Inc. (“plaintiff’) brings the above-captioned action against defendants VSSI Pacific, Inc. (“VSSI”) and Palm Shipping, Inc. (“Palm” and collectively, “defendants”), owners and operators of the M/V OSHIMA SPIRIT (“the Oshima Spirit”), alleging breach of a voyage charter party contract pursuant to which defendants would transport fu...
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OPINION & ORDER Plaintiff Wayland Investment Fund, LLC (“Wayland”) brought this action alleging that defendant Millenium Seaearri-ers, Inc. (“Millenium”) erroneously calculated the interest paid on approximately $74 million in Exchange Notes issued by Millenium and purchased by Wayland. Prior to the commencement of discovery, Millenium has moved to dismiss the breach of contract claim...
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*446 OPINION & ORDER Plaintiffs Shlomo Marcus and Jewelry Dynasty, Inc. brought this diversity action against defendants “Five J” Jewelers Precious Metals Industry Ltd. (“Five J”), Joseph Berger, and Alon Berger to recover for services rendered by Marcus while working as an agent of Five J to sell jewelry. Defendants have moved, prior to discovery proceedings, to dismiss the ...
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113 F.Supp.2d 129 (2000) PHILLIP MORRIS INCORPORATED; R.J. Reynolds Tobacco Company; Brown & Williamson; Tobacco Corporation; and Lorillard Tobacco Company, Plaintiffs v. Thomas F. REILLY, Attorney General of the Commonwealth of Massachusetts, and Howard K. Koh, Massachusetts Commissioner of Public Health, Defendants. United States Tobacco Company; Brown and Williamson Tobacco Corporation; Co...
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112 F. Supp. 2d 780 (2000) Mark HUGHES, Plaintiff, v. LIFE INSURANCE COMPANY OF NORTH AMERICA, Defendant. No. IP 99-1143-C-B/S. United States District Court, S.D. Indiana, Indianapolis Division. September 5, 2000. *781 James D. Crum, Coots, Henke & Wheeler, Carmel, IN, for plaintiff. Cynthia M. Locke, White & Raub, Indianapolis, IN, for defendant. ENTRY GRANTING DEFENDANT'S MOTION TO STR...
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113 F. Supp. 2d 760 (2000) PENNSYLVANIA SHIP SUPPLY, INC., v. FLEMING INTERNATIONAL, LTD. No. CIV.A.99-2418. United States District Court, E.D. Pennsylvania. September 11, 2000. Daniel J. Dugan, Kelly R. Ramsdell, Spector, Gadon and Rosen, P.C., Philadelphia, PA, for plaintiff. Michael J. McCaney, Jr., Flamm, Boroff and Bacine, Blue Bell, PA, for defendant. FINDINGS OF FACT AND CONCLUSIONS OF LA...
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112 F.Supp.2d 937 (2000) Kathleen R. IRWIN, et al., Plaintiffs, v. Owen T. MASCOTT, et al., Defendants. No. C 97-4737 JL. United States District Court, N.D. California. August 31, 2000. *938 *939 *940 *941 *942 *943 *944 Paul Arons, Law Office of Paul Arons, Redding, CA, O. Randolph Bragg, Horowitz Horowitz & Associates, Chicago, IL, Lorraine Ellen Baur, Ukiah, CA, for Plaintiffs. Mark E. Ell...
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INTRODUCTION This court heard argument concerning the parties’ outstanding discovery disputes on July 19, 2000. Ronald Wecht appeared on behalf of Plaintiff. Maxwell Peltz appeared on behalf of Defendants. The motions were: 1) Plaintiffs motion to compel Defendants to designate witnesses prepared to testify regarding Sergeant Breslin’s training and disciplinary history, 2) Defendants’ motion for ...
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113 F.Supp.2d 1130 (2000) UNITED STATES of America, Plaintiff, v. D-2 Deshawn SIMS, a/k/a "Shaq", Defendant. No. 99-80102-02. United States District Court, E.D. Michigan, Southern Division. August 31, 2000. *1131 Margaret A. Davis, Asst. U.S. Attorney, Detroit, MI, for Plaintiff. Marvin Barnett, Detroit, MI, for Defendant. Opinion and Order FEIKENS, District Judge. I. Introduction On March 24, ...
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OPINION On July 23, 1999, Plaintiffs filed a five-count complaint against Defendants Manufactures Des Montres Jaguar, S.A. (“MMJ”), Festina, U.S.A., Inc. (“Festina”), and Universal Watch and Jewelry Company (“Universal”), asserting claims of unfair competition and dilution under the Lanham Act (Count I), trademark infringement under the Lanham Act (Count II), cancellation of trademark number 1,...
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113 F.Supp.2d 751 (2000) UNITED STATES of America v. Thomas Ray COFFEE, et al. Nos. CRIM.A. 99-389-01, 99-389-02, 99-389-03, 99-389-04 and 99-389-05. United States District Court, E.D. Pennsylvania. September 8, 2000. Nelson Thayer, Asst. U.S. Atty., United States Attorney's Office, Philadelphia, PA, for Government. Edson A. Bostic,Defender Association of Philadelphia, Federal Court Division, Phi...
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110 F.Supp.2d 1351 (2000) The SCHOOL BOARD OF ESCAMBIA COUNTY, FLORIDA, Plaintiff, v. TIG PREMIER INSURANCE COMPANY, Defendant, Third-Party Plaintiff, v. United Southco, Inc., et al., Third-Party Defendants. No. 3:99-CV-334/LAC. United States District Court, N.D. Florida, Pensacola Division. May 8, 2000. *1352 Ed Fleming, Mike Stebbins, Pensacola, FL, for Plaintiff. David Metcalf (TIG), Tallahass...
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115 F. Supp. 2d 800 (2000) MICROSOFT CORPORATION, a Washington corporation, Plaintiff, v. COMPUSOURCE DISTRIBUTORS, INC. a Michigan Corporation, and Does 1-10, et al., Defendants. No. 99-71369. United States District Court, E.D. Michigan, Southern Division. August 28, 2000. *801 Kathleen A. Lang, Dickinson, Wright, Bloomfield Hills, MI, Theresa A. Orr, Scott A. MacGriff, Dickinson, Wright, Detroi...
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MEMORANDUM AND ORDER Plaintiff Tim Bernal applies to this court, ex parte, for issuance of a Temporary Re*372straining Order or alternatively, a Protective Order, prohibiting defendants Southern Pacific Transportation Company and its successor in interest Union Pacific Railroad (hereinafter “SP/UP”) from taking disciplinary action against him for failing to respond to ex parte written inquiries...
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115 F. Supp. 2d 1191 (2000) State of CALIFORNIA, DEPARTMENT OF SOCIAL SERVICES, Plaintiff, v. Donna SHALALA, Secretary of Health and Human Services, Defendant. No. CIV.S99-0335 FCD JFM. United States District Court, E.D. California. September 1, 2000. Bill Lockyer, Charlton G. Holland III, Frank S. Furtek, Thomas R. Yanger, Attorney *1192 General's Office of the State of California, Sacramento, C...
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DECISION AND ORDER Plaintiff NAP, Inc. (“NAP”), a New York corporation which manufactures women’s clothing for sale under the Crab-tree & Evelyn label, brought this diversity action naming as defendants Shuttletex, Inc. (“Shuttletex”), a New Jersey company which is currently in bankruptcy proceedings, and Shuttletex’s commercial general liability insurer, U.S. Fidelity and Guaranty In...
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MEMORANDUM DECISION AND ORDER Plaintiff Karen Bendel (“plaintiff’ or “Bendel”) commenced this action against defendants Westchester County Health Care Corporation (“Westchester County” or the “hospital”), Edward Stolzenberg (“Stolzenberg”), Virginia Heaney (“Hea-ney”), Cheryl Gainer (“Gainer”) and Joanne Crawford (“Crawford”) under 42 U.S.C. § 1983 (“ § 1983”) and the New York Human Rights Law ...
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MEMORANDUM DECISION AND ORDER Plaintiff David Kittay, as Trustee of the bankruptcy estate of Duke & Benedict, Inc. (“D & B”), commenced this action against defendants seeking declaratory judgment, injunctive relief and damages for violations of plaintiffs rights under the United States Constitution, 42 U.S.C. § 1983 (“ § 1983”), the New York State Constitution, the New York Pub...
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MEMORANDUM DECISION AND ORDER Plaintiff Richard Simpson (“Simpson") commenced this action on August 28, 1997, asserting claims against defendants under the Racketeer Influenced and Corrupt Organizations Act of 1970 (“RICO”), 18 U.S.C. § 1961 et seq., and under state law for fraud, tortious interference with contract, intentional infliction of emotional distress, breach of contr...
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111 F. Supp. 2d 1273 (2000) SCOTTSDALE INS. CO, Plaintiff, v. SAFECO INS. CO. OF AM., Defendant. No. CIV.A.99-D-1008-E. United States District Court, M.D. Alabama, Eastern Division. August 10, 2000. *1274 Mark W. Lee, Dorothy A. Powell, Parsons, Lee & Juliano, P.C., Birmingham, AL, for Plaintiff. William H. Webster, Rushton, Stakely, Johnston & Garrett, P.A., Montgomery, AL, for Defendant...
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111 F. Supp. 2d 900 (2000) CITY OF DEARBORN, Plaintiff, v. DLZ CORPORATION, a Delaware Corporation, JDJ & A, Inc., an Ohio Corporation, Dodson-Stilson, an Ohio Corporation, Pratap Rajadhyaksha, an individual and Thomas Sisley, an individual, Defendants. No. CIV.00-71329. United States District Court, E.D. Michigan, Southern Division. September 1, 2000. *901 Richard S. Baron, Michael J. Watza,...
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111 F. Supp. 2d 1294 (2000) A.N.R., a Minor By and Through her next friend, Constance REED, and all others similarly situated, Plaintiff, v. Mitchell CALDWELL, in his individual and official capacities, and Jimmy Abbett, in his official capacity, Defendants. No. CIV.A.00-D-645-E. United States District Court, M.D. Alabama, Eastern Division. August 29, 2000. *1295 Robert Dean Drummond, Jr., Montgo...
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112 F. Supp. 2d 1260 (2000) Natalie SIMS, a minor, By and Through her parents and next friends Charles and Sheila SIMS, Plaintiff, v. Ashley FOREHAND, et al., Defendants. Civil Action No. 98-D-623-S. United States District Court, M.D. Alabama, Southern Division. September 5, 2000. *1261 John L. McClung, Lindsey & McClung, Elba, AL, for plaintiffs. Bart Gregory Harmon, Webb & Eley, P.C., M...
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110 F.Supp.2d 716 (2000) John B. McCORMICK, Ed Benesch, Bennie Jackson and Steve Pocztowski, Plaintiffs, v. Gerald ZERO and Local 705, International Brotherhood of Teamsters, Defendants. No. 00 C 2750. United States District Court, N.D. Illinois, Eastern Division. August 23, 2000. *717 Paul L. Strauss, Steven Arthur Mange, Miner Barnhill & Galland, Chicago, IL, Sarah E. Siskind, Mary Beyer, M...
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110 F.Supp.2d 16 (2000) NORMAN E. DUQUETTE, INC., and Norman E. Duquette, Plaintiffs, v. COMMISSIONER OF INTERNAL REVENUE SERVICE, Defendant. No. Civ.A. 99-0580(PLF). United States District Court, District of Columbia. August 25, 2000. *17 Matthew S. Simchak, Eric W. Leonard, Wiley Rein & Fielding, Washington, DC, for plaintiffs. Christopher J. Kayser, Trial Attorney, Tax Division, U.S. Dpt. ...
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113 F.Supp.2d 1235 (2000) Eartha COLLIER, Plaintiff, v. BRADLEY UNIVERSITY, a non-profit corporation, Lori Russell-Chapin, and Joan Sattler, Defendant. No. 99-1009. United States District Court, C.D. Illinois. August 31, 2000. *1236 *1237 Edward T Stein, Law Offices of Edward T Stein, Chicago, IL, for plaintiffs. William R Kohlhase, Jennifer Klein VandeWiele, Miller Hall & Triggs, Peoria, IL,...
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120 F. Supp. 2d 712 (2000) HEXAGON PACKAGING CORPORATION, an Illinois Corporation, Plaintiff, v. MANNY GUTTERMAN & ASSOCIATES, INC., of itself and d/b/a M. Gutterman & Associates, Inc./Jelmar; Jelmar, an Illinois partnership; Jamie Industries, an Illinois corporation; Arthur Gutterman, individually; Blidco Incorporated; Betty Day Company, Inc.; Louis C. Day, Jr. and Margaret Renfroe, as p...
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110 F.Supp.2d 768 (2000) UNITED STATES of America, Plaintiff, v. Carlan D. HODGES, Defendant. No. 99-40009. United States District Court, S.D. Illinois, Benton Division. August 28, 2000. *769 J. Christopher Moore, Benton, Patty Merkamp Stemler, Vicki S. Marani, Washington, DC, for plaintiff. Renee E. Schooley, East St. Louis, MO, for defendant. OPINION RICHARD MILLS, District Judge. The right to...
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109 F. Supp. 2d 997 (2000) UNITED STATES of America, Plaintiff, v. Ahmad BISHAWI, Defendant. No. 97-40044. United States District Court, S.D. Illinois, Benton Division. August 28, 2000. *998 Kit R. Morrissey, Fairview Heights, Patty Merkamp Stemler, Washington, DC, for plaintiffs. Eric W. Butts, St. Louis, MO, for defendants. OPINION RICHARD MILLS, District Judge. Central to the right to a fair ...
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112 F. Supp. 2d 509 (2000) Nancy RITINSKI, individually, and Charles Ritinski, III by his mother and next friend, Nancy Ritinski, Plaintiffs, v. Stephania McGARITY, Defendant. No. CIV. A. 2:99CV2116. United States District Court, E.D. Virginia, Norfolk Division. September 5, 2000. *510 Robert J. Haddad, Shuttleworth, Ruloff & Giordano, Virginia Beach, VA, Lawrence K. Land, Norfolk, VA, for Pl...
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104 F.Supp.2d 1214 (2000) UNITED STATES of America, Plaintiff, v. Michael Watson CANNON, Defendant. No. CR. S-99-17-LKK. United States District Court, E.D. California, Eastern Division. June 12, 2000. *1215 Robert M. Twiss, Asst. U.S. Atty., Sacramento, CA, for Plaintiff. Ron Peters, Sacramento, CA, for Defendant. ORDER KARLTON, District Judge. I. FACTS DEA Special Agent Michael Collette draft...
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106 F.Supp.2d 1016 (2000) John T. CLARK, Plaintiff, v. ALLSTATE INSURANCE COMPANY, Defendant. No. 00-CV-1102 W JFS. United States District Court, S.D. California. July 27, 2000. *1017 John T. Richard, San Diego, CA, for Plaintiff. Peter H. Klee & William P. Cole, Luce, Forward, Hamilton & Scripps, San Diego, CA, for Defendant. ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION...
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106 F.Supp.2d 1010 (2000) Robert E. GERMANN, Plaintiff, v. VULCAN MATERIALS CO., CalMat Division d/b/a CalMat Concrete & Aggregate Division, a division of Vulcan Materials, an Alabama corporation d/b/a CalMat Company d/b/a CalMat Concrete; and Does 1 through 50, Defendant. No. 00 CV 302 BTM (LAB). United States District Court, S.D. California. July 26, 2000. *1011 Milton J. Silverman, Jr., La...
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106 F. Supp. 2d 790 (2000) EDELL & ASSOCIATES, P.C. v. LAW OFFICES OF PETER ANGELOS. Civil No. L-99-3546. United States District Court, D. Maryland. July 25, 2000. *791 Michel F. Baumeister and Dorothea M. Capone, Baumeister & Samuels, New York City, for Plaintiffs. H. Thomas Howell, William F. Gately, Howell & Gately, Towsons, MD, and William J. Brennan, III, Smith, Stratton, Wise, H...
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111 F.Supp.2d 712 (2000) Maria KELLY, et al. v. FULLWOOD FOODS, INC., et al. v. United States of America. No. CIV. JFM-00-1391. United States District Court, D. Maryland. August 21, 2000. *713 Joel L. Katz, Anne Michele Crook, Annapolis, MD, for plaintiff. Austin W. Brizendine, Jr., Brizendine, Bergen & Tripoda, Timonium, MD, for defendant. Allen Loucks, Baltimore, MD, for United States. MEM...
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112 F. Supp. 2d 511 (2000) M.C. WATKINS, An underwriter at Lloyds' London, On Behalf of Himself and Those Other Lloyd's Underwriters Subscribing to Insurance Policy No. CN 98 5800, Contract No. NMC 1285, Plaintiff, v. M/V LONDON SENATOR, her engines, tackle, boilers, etc. in rem, Cho Yang Shipping Co., Ltd, and Ryan-Walsh Virginia, Inc., d/b/a Stevedoring Services of America, Defendants. Action N...
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ORDER I. Introduction By motion dated July 27, 1999, Defendants John S. Rendall (“Rendall”), Chief Executive Officer and Chairman of the Board of Solv-Ex Corporation (“Solv-Ex”), W. Jack Butler (“Butler”), President and Board member of Solv-Ex, and Herbert M. Campbell, II (“Campbell”), Senior Vice President and Secretary of the Board of Solv-Ex (collectively “Defendants”)...
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ORDER Petitioner Byron Ortiz seeks a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner, along with his code-fendant Danny Torres, was convicted on February 24, 1993 after a jury trial of Murder in the Second Degree (depraved indifference) (N.Y.Penal Law § 125.25[2]) and Criminal Possession of a Weapon in the Second Degree (N.Y.Penal Law § 265.03). Both he and Torres were acquitted ...
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MEMORANDUM-DECISION AND ORDER I. INTRODUCTION On April 28, 1997, the plaintiffs commenced the instant action pursuant to 42 U.S.C. § 1983, alleging that the defendants violated their constitutional rights under the Fourth, Fifth, Eighth, and Fourteenth Amendments. 1 The plaintiffs have also asserted various related state law claims. The defendants moved separat...
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OPINION AND ORDER Plaintiffs, Frontier Insurance Company and NAC Reinsurance Corporation, commenced this fraud action against defendants, MTN Owner Trust and Norwest Bank Minnesota National Association (“Norwest”), by filing of a Summons with Notice in New York State Supreme Court, Sullivan County, on April 28, 2000. By Notice of Removal dated June 7, 2000, defendants removed this action ...
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OPINION AND ORDER Plaintiffs Victoria and Anthony Bisigna-no bring the instant action on behalf of their minor daughter Amanda Bisignano against defendants Harrison Central School District (the “District”) and teacher Vincent Nicita. Plaintiffs claim that defendants falsely imprisoned Amanda, subjected her to excessive force, and deprived her of her property in violation of the Fourth...
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MEMORANDUM OPINION AND ORDER Before the Court are Defendant Harry Zimmerman and Temecula Family Trust’s Motions to Dismiss, filed May 11, 2000, and all responses and replies thereto; and Defendants’ Joint Motion to Transfer for Convenience, filed July 24, 2000, and all responses thereto. Upon review of the arguments and authorities, as well as the evidentiary submissions of the partie...
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111 F. Supp. 2d 734 (2000) C.F. TRUST, INC., et al., Plaintiffs, v. FIRST FLIGHT LIMITED PARTNERSHIP, et al., Defendants. No. Civ.A. 99-1742-A. United States District Court, E.D. Virginia, Alexandria Division. August 31, 2000. *735 *736 Thomas Lawrence Albert, Birch, Horton, Bittner & Cherot, Washington, DC, James Robert Schroll, Bean, Kinney & Korman, PC, Arlington, VA, for plaintiffs. R...
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AMENDED MEMORANDUM AND ORDER Plaintiff William Gerber, a state prisoner, brings this civil rights action pursuant to 42 U.S.C. § 1983 alleging that defendant Rodney Hickman, Acting Warden of Mule Creek State Prison, violated his constitutional right to procreate by refusing to allow him to artificially inseminate his wife. Plaintiff also contends that defendant’s refusal violated his rights und...
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MEMORANDUM In this action, Plaintiff, Dentsply International, Inc. (“Dentsply”), asserts that Defendant, Great White, Inc. (“Great White”), infringed its patent for disposable dental syringe tips, U.S.Patent No. 5,342,-195 (hereinafter “ ’195 patent”), induced infringement of its patent for adaptors used to mount disposable syringe tips, U.S.Patent No. 5,236,356 (hereinafter “ ’356 patent...
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106 F.Supp.2d 780 (2000) COSTAR GROUP, INC. et al. v. LOOPNET, INC. et al. Civil Action No. DKC 99-2983. United States District Court, D. Maryland. July 17, 2000. *781 Charles D. Ossola, Arnold & Porter, Washington, DC, for plaintiff. R. Wayne Pierce, Law Office, Baltimore, MD, Ann M. Grillo, Niles, Barton & Wilmer, Baltimore, MD, for defendant. MEMORANDUM OPINION CHASANOW, District Judg...
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111 F. Supp. 2d 1287 (2000) UNITED STEEL WORKERS OF AMERICA, AFL-CIO-CLC, Plaintiff, v. SIMCALA, INC., Defendant. No. CIV.A.00-D-119-N. United States District Court, M.D. Alabama, Northern Division. August 21, 2000. *1288 Glen M. Connor, Whatley Drake, LLC, Richard P. Rouco, Birmingham, AL, for Plaintiff. James N. Nolan, Walston, Kary B. Wolfe, Wells, Anderson & Bains, LLP, Birmingham, AL, fo...
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111 F.Supp.2d 1281 (2000) David MARBURY, Plaintiff, v. AMERICAN TRUETZSCHLER, et al., Defendants. No. CIV.A.99-D-1007-N. United States District Court, M.D. Alabama, Northern Division. August 16, 2000. *1282 Jere L. Beasley, Kendall C. Dunson, Jon Cole Portis, Beasley, Allen, Crow, Methvin, Portis & Miles, PC, Montgomery, John Percy Oliver, II, Oliver & Sims, Dadeville, AL, for Plaintiff. ...
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*400 MEMORANDUM AND ORDER Presently before the court is defendant Bi-State Medical Company of Kansas’ (“Bi-State”) motion for summary judgment (doc. 45). For the reasons set forth below, defendant’s motion is denied. I. Background On May 11, 1999, plaintiff Artie Loveall filed this personal injury action against defendants Employer Health Services, Inc., Health Midwest, Square One Rehab, Inc., ...
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112 F. Supp. 2d 1106 (2000) PAS COMMUNICATIONS, INC.; Quality Transfer, Inc.; 1A Rob Moving; Reliable Maintenance, Inc.; K.E. Johnson Consultants, Inc.; and Riteway Magic Supply Company, Inc., Plaintiffs, v. U.S. SPRINT, INC., Defendant. No. 99-2182-JWL. United States District Court, D. Kansas. July 6, 2000. *1107 Rebecca S. Yocum, Morrison & Hecker L.L.P., Overland Park, KS, Nimrod T. Chapel...
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MEMORANDUM & ORDER This action arises out of pro se plaintiff Venita De Foe’s employment with defendant Sprint/United Management Company. On May 17, 2000, defendant moved for the dismissal of this action with prejudice as a sanction for plaintiffs repeated noncompliance with court orders. In addition, on June 2, 2000, Magistrate Judge Waxse ordered plaintiff to show cause in writing why this ac...
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MEMORANDUM AND ORDER Presently before the court is third-party defendant SAS Enterprises, Inc.’s (SAS) motion to set aside the default judgment entered by the court on January 26, 2000 in favor of third-party plaintiff C & C Auto Sales, Inc. (C & C). For the reasons set forth below, SAS’s motion (Doc. 51) is denied. 1. Background1 Plaintiffs originally filed this action against C & C on June 7,...
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112 F.Supp.2d 1114 (2000) NORTHWESTERN PACIFIC INDEMNITY COMPANY, Plaintiff, v. SAFEWAY, INC., Swift-Eckrich, Inc., Fleming Companies, Inc., Marcus Phillips d/b/a Phillips Confections, Hanover Kansas City, Inc., Conagra Inc., & Kraft Foodservice, Inc., Defendants. No. 00-2105-JWL. United States District Court, D. Kansas. July 24, 2000. *1115 M. Warren McCamish, Williamson & Cubbison, Kans...
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ORDER This matter is before the court on the objections of plaintiffs Jeffrey W. House, Janet M. House, Infi-Shield, Inc. and Infi-Shield International, Inc. (hereinafter “plaintiffs” or “Infi-Shield plaintiffs”) to Magistrate Judge John M. Mason’s report and recommendation dated May 11, 2000. In his report, the magistrate judge recommended that the motion of defendant Smith & Gesteland L...
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98 F.Supp.2d 1157 (2000) Harry LOZEAU, et al., Plaintiffs, v. LAKE COUNTY, MONTANA, et al., Defendants. No. CV-95-082-M-RFC. United States District Court, D. Montana, Missoula Division. April 4, 2000. *1158 *1159 Michael G. Alterowitz, Alterowitz Law Office, Missoula, MT, Stephen L. Pevar, American Civil Liberties Union, Denver, CO, Mark S. Connell, Connell Law Office, Missoula, MT, for Plaintiff...
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110 F.Supp.2d 39 (2000) UNITED STATES of America, Plaintiff, v. Hector CANDELAS, Hector Pesquera, William Ruiz-Garcia, Felix Ramirez, Jose E. Quintero, Defendants. Nos. CRIM. 00-374(PG), 00-365(PG), 00-368(PG), 00-371(PG), 00-372(PG). United States District Court, D. Puerto Rico. September 5, 2000. *40 Ivonne Diaz-De-Carreras, Hato Rey, PR, Wilma E. Reveron-Collazo, San Juan, PR, Juan R. Acevedo-...
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112 F. Supp. 2d 1041 (2000) Sharon BLACK, Plaintiff, v. CITY & COUNTY OF HONOLULU; Michael Nakamura; Joseph B. Aveiro, Jr.; Rafael Fajardo; and Doe Defendants 1-20, Defendants. Nos. CIV. 97-01086SPK, 98-00259DAE. United States District Court, D. Hawai`i. September 1, 2000. *1042 *1043 *1044 Emlyn Higa, Honolulu, HI, Patricia A. Shiu, San Francisco, CA, for Plaintiff Sharon Black. Caron M. Ina...
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110 F.Supp.2d 1099 (2000) Wayne NICHOLS, Plaintiff, v. Jose CHACON, Arkansas State Police, in his Individual Capacity, Defendant. No. 99-5180. United States District Court, W.D. Arkansas, Fayetteville Division. August 1, 2000. *1100 N. Doug Norwood, Norwood & Norwood, P.A., Rogers, AR, for plaintiff. Timothy G. Gauger, Asst. Attorney General, Sherri L. Robinson, Asst. Attorney General, Little...
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112 F. Supp. 2d 1090 (2000) AVEDON ENGINEERING, INC., a Colorado corporation, as assignee of H.B.C., Inc., a Colorado corporation, Plaintiff, v. SEATEX, a New York corporation, Consoltex, a New York corporation, the Balson-Hercules Group Ltd., a Rhode Island corporation, and Does 1-20, whose true names are unknown, inclusive, Defendants. No. CIV. A. 94-B-2561. United States District Court, D. Col...
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112 F.Supp.2d 233 (2000) SBA COMMUNICATIONS, INC., Plaintiff, v. ZONING COMMISSION OF THE TOWN OF BROOKFIELD, Defendant. No. 3:00CV0006 GLG. United States District Court, D. Connecticut. September 6, 2000. *234 John W. Knuff, Hurwitz & Sagarin, Milford, CT, for Plaintiff. Thomas R. Gerarde, Bruce J. Gelston, Howd & Ludorf, Hartford, CT, Thomas A. Rouse, Brian C. Roche, Pullman & Comle...
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112 F. Supp. 2d 230 (2000) Anne LEACH, Plaintiff, v. F.A. BARTLETT TREE EXPERT CO., Defendant. No. 3:00 CV 1175 (GLG). United States District Court, D. Connecticut. September 5, 2000. *231 Anne Goldstein, Gregg D. Adler, Deborah L. McKenna, Livingston, Adler, Pulda & Meiklejohn, Hartford, CT, for Anne Leach. Anessa Abrams, Schmeltzer, Aptaker, & Shepard, Washington, DC, John J. Louizos, C...
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112 F. Supp. 2d 200 (2000) Milagros CRUZ AVILES, et al., Plaintiffs, v. BELLA VISTA HOSPITAL, INC., et al., Defendants. No. CIV. 98-1307(DRD). United States District Court, D. Puerto Rico. August 11, 2000. *201 Dennis J. Cruz-Perez, Carlos Martinez-Texidor, Martinez-Texidor & Fuster, Ponce, PR, for Defendants. Glenn Carl James-Hernandez, Hato Rey, PR, for Plaintiffs. OPINION AND ORDER DOMING...
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113 F.Supp.2d 224 (2000) UNITED STATES of America, Plaintiff, v. Lorenzo MUÑOZ FRANCO, [2] Francisco Sanchez Aran, [3] Ariel Gutierrez Rodriguez, [4] Wilfredo Umpierre Hernandez, [5] Enrique Gutierrez Rodriguez, [6] Rafael Dominguez Wolff, Defendants. Criminal 95-0386(DRD). United States District Court, D. Puerto Rico. August 25, 2000. *225 Maria Dominguez-Victoriano, Edna C. Rosario-Munoz, U.S. ...
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112 F. Supp. 2d 204 (2000) UNITED STATES of America, Plaintiff, v. [1] Lorenzo Muñoz FRANCO, [2] Francisco Sanchez Aran, [3] Ariel Gutierrez Rodriguez, [4] Wilfredo Umpierre Hernandez, [5] Enrique Gutierrez Rodriguez, [6] Rafael Dominguez Wolff, Defendants. No. CRIM. 95-0386(DRD). United States District Court, D. Puerto Rico. August 28, 2000. *205 *206 Maria Dominguez-Victoriano, U.S. Attorney's ...
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110 F.Supp.2d 1084 (2000) Dominic CARDENAS and Joseph Cardenas, Plaintiffs, v. August G. ERDMANN, Walt A. Buckhanan, Rosa M. Dominguez, Michael J. Soika, Woody Welch, Board of the Fire and Police Commission of the City of Milwaukee, and City of Milwaukee, Defendants. No. CIV. A. 99-C-832. United States District Court, E.D. Wisconsin. September 5, 2000. John F. Fuchs, Jennifer R. Dorow, Fuchs, Sno...
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112 F. Supp. 2d 172 (2000) Heidi BECKER, Medea Benjamin, Phil Donahue, Mark Dunlea, Anne Goeke, Elizabeth Horton Scheff, Ralph Nader, James O'Keefe, Susan Sarandon, Nader 2000 Primary Committee, Inc., Association of State Green Parties and Green Party USA, Plaintiffs, v. FEDERAL ELECTION COMMISSION, Defendant. No. Civ.A. 00-11192-PBS. United States District Court, D. Massachusetts. September 1, 2...
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112 F. Supp. 2d 119 (2000) Diane G. FONDOW, as Administratrix of the Estate of Jeffrey Hutchins, Plaintiff, v. UNITED STATES of America, Defendant. Jeanne Lane and Eleanor Lowther, Co-Administratrices of the Estate of John Michael Lowther, Plaintiff, v. United States of America, Defendant. Nos. CIV. A. 98-10251-PBS, 98-11814-PBS. United States District Court, D. Massachusetts. August 28, 2000. *1...
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113 F.Supp.2d 1182 (2000) UNITED STATES of America v. Jamal SHAKIR, Eben Payne, Donnell Young, et al. No. 3:98-00038. United States District Court, M.D. Tennessee, Nashville Division. June 28, 2000. *1183 Walker Casey Reed, Nashville, TN, Craig P. Fickling, Jr., Ronald Thurman & Associates, Cookeville, TN, Richard B. Mazer, San Francisco, CA, for Eben Payne. William Henry Haile, Nashville, TN...
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113 F.Supp.2d 1272 (2000) UNITED STATES of America, Plaintiff, v. Vicky L. STRICKLAND, Defendant. No. IP 99-0015-CR-07-T/F. United States District Court, S.D. Indiana, Indianapolis Division. September 1, 2000. *1273 Christina McKee Winfield Ong, Office of U.S. Attorney, Indianapolis, IN. Kevin McShane, Mark Inman, Andrew Maternowski, Indianapolis, IN, Richard Kempf, Ancel & Dunlap, LLP, India...
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112 F. Supp. 2d 667 (2000) Steven WEBER, Plaintiff, v. NATIONAL FOOTBALL LEAGUE, et al., Defendants. No. 3:99CV7790. United States District Court, N.D. Ohio, Western Division. July 31, 2000. *668 *669 Craig Bloom, Debevoise & Plimpton, New York, NY, Myron Charles Collins, Eastman & Smith, Toledo, OH, David M. Jones, Eastman & Smith, Toledo, OH, Bruce P. Keller, Debevoise & Plimpto...
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112 F. Supp. 2d 676 (2000) Richard H. JONES, et al., Plaintiffs, v. WOODMEN ACCIDENT & LIFE CO., et al., Defendants. No. 3:99CV7654. United States District Court, N.D. Ohio, Western Division. August 3, 2000. *677 Daniel J. Brady, Sandusky, OH, Paula J. Chmura, Murray & Murray, Sandusky, OH, John Timothy Murray, Sr., Murray & Murray, Sandusky, OH, John Timothy Murray, Sr. Murray & ...
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113 F.Supp.2d 1176 (2000) RUDOWSKI, et al., Plaintiffs, v. SHEET METAL WORKERS INTERNATIONAL ASSOCIATION, LOCAL UNION NUMBER 24, et al., Defendant. No. C2-99-CV-059. United States District Court, S.D. Ohio, Eastern Division. September 12, 2000. Leonard S. Sigall, Reynoldsburg, OH, for Plaintiffs. Jerry Alan Spicer, Snyder, Rakay & Spicer, John Robert Doll, Logothetis Pence and Doll, Dayton, O...
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113 F. Supp. 2d 1253 (2000) UNITED STATES of America, Plaintiff, v. Rondell L. CROSS, Jr., Robert G. Brown, II, John L. Crouse, Terry Rhoades, Vicky L. Strickland, and Aaron C. Koons, Jr., Defendants. Nos. IP 99-0015-CR-03-T/F, IP 99-0015-CR-06-T/F, IP 99-0015-CR-04-T/F, IP 99-0015-CR-07-T/F, IP 99-0015-CR-05-T/F, IP 99-0015-CR-08-T/F. United States District Court, S.D. Indiana, Indianapolis Divi...
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ORDER DISMISSING CASE I. Introduction Before the court is the pro se defendant’s motion, by way of letter, to dismiss the case for lack of personal jurisdiction. Alternatively, she seeks transfer of the case to Houston, Texas, where she resides. Plaintiff opposes the motion to dismiss, alleging that there are sufficient minimum contacts for the court to exercise person...
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ORDER NO. 12 MEMORANDUM OPINION AND ORDER DENYING DEFENDANTS’ MOTIONS TO DISMISS Defendant Hoechst Marion Roussel, Inc. (“HMRI”), a wholly owned subsidiary of Defendant Hoechst Aktiengesellschaft (“Hoechst AG”), is the manufacturer of the brand name prescription heart drug Car-dizem CD which consists of a once-daily dosage of the chemical compound diltiazem hydrochloride. Cardizem CD...
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MEMORANDUM AND ORDER On March 1,1999, plaintiff filed this patent infringement action, claiming that defendant Rubbermaid’s distribution and sale of a latch closure mechanism used on particular models of its Action Packer® containers infringed certain claims of United States Patents Nos. 4,925,041 (the “’041 patent”) and 5,137,260 (the “’260 patent”). Rubbermaid counterclaimed for a declaratory...
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MEMORANDUM DECISION AND ORDER Plaintiff Percetta M. Speight filed a complaint on January 5, 2000, seeking review of the Commissioner’s decision denying her application for disability benefits. The plaintiff filed a motion for summary judgment on March 24, 2000, and the defendant filed a cross-motion for summary judgment on July 12, 2000. The plaintiff filed a reply on July 27, 2000. The p...
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112 F. Supp. 2d 1098 (2000) GRAND DESIGN GOLF, LTD., and Kris Arnold, Plaintiffs, v. Thomas A. GLINSTRA; Larry L. Campbell Alan Shorthouse; J. Michael Wilkes; Kevin Corbett; Larry W. Flatt; Flatt Golf Services, Inc.; Anthony F. Rupp; and Shughart Thomson & Kilroy, Defendants. No. 00-2057-JWL. United States District Court, D. Kansas. June 15, 2000. *1099 Kris Arnold, Prairie Village, KS, pro s...
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109 F. Supp. 2d 1299 (2000) Jack J. HERMELINK, Plaintiff, v. DYNAMEX OPERATIONS EAST, INC., Defendant. No. 99-2335-JWL. United States District Court, D. Kansas. June 9, 2000. *1300 James E. Kunce, Overland Park, KS, for Plaintiff. Benjamin F. Mann, Kathryn B. Bussing, Blackwell Sanders Peper Martin LLP, Kansas City, MO, for Defendant. MEMORANDUM AND ORDER LUNGSTRUM, District Judge. This suit ari...
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111 F. Supp. 2d 1164 (2000) Beverly A. MEDINA, as Personal Representative for the estate of John R. Medina, Plaintiff, v. FOUR WINDS INTERNATIONAL CORPORATION, a Delaware corporation; and Thor Industries, Inc., a Delaware corporation, Defendants. Dolores A. Gonzales, as Personal Representative for the estate of Levi E. Gonzales, Plaintiff, v. Four Winds International Corporation, a Delaware corpo...
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112 F. Supp. 2d 1223 (2000) OPEN LCR.COM, INC., a Delaware corporation, Sharp Corporation, a foreign corporation, and Sharp Electronics Corporation, a New York corporation, Plaintiffs, v. RATES TECHNOLOGY, INC., a New York corporation, Defendant. No. Civ.A. 00-WY-631-CB. United States District Court, D. Colorado. August 31, 2000. *1224 Tucker K. Trautman, Dorsey & Whitney, Denver, CO, for pla...
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116 F. Supp. 2d 917 (2000) Dale BURNS, et al., Plaintiffs, v. PRUDENTIAL SECURITIES, et al., Defendants. No. 3:99CV7643. United States District Court, N.D. Ohio, Western Division. May 8, 2000. *918 Thomas A. Hargett, Maddox, Koeller, Hargett & Caruso, Indianapolis, IN, James R. Knepp, II, Robison, Curphey & O'Connell, Toledo, OH, Mark E. Maddox, Maddox, Koeller, Hargett & Caruso, Indi...
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ORDER Plaintiff filed this action on August 7,1998, seeking to reduce to judgment the trust-fund-recovery penalty assessed against defendant Allen H. Sweeney and to foreclose a federal tax lien on a house located at 6225 N.W. 85th Street in Oklahoma City, Oklahoma. In addition to Allen J. Sweeney, the Complaint names as defendants persons and entities who “may claim an interest in the real prope...
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*379 DECISION AND ORDER Defendant Teddy Bastían is charged in a two count indictment with possession of a firearm which had the serial number obliterated, altered, or removed in violation of 18 U.S.C. § 922(k)(“Count One”), and possession of a firearm while being an unlawful user of a controlled substance, namely cocaine and marijuana, in violation of 18 U.S.C. § 922(g)(3)(“Count...
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ORDER This is a declaratory judgment action in which Plaintiff VESTAX Securities Corporation seeks a declaration of “no liability” against Defendants Dean S. Skillman, Dean S. Skillman, Jr., Jeffrey B. Skillman, B & A Trading Co., The Skillman Family Reunion Fund Inc., Corporate Brewing Company, and Karen Mulholland. Pending are defendants’ motion to compel arbitration (Doc. 17), and plai...
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109 F. Supp. 2d 1228 (2000) Arnold AGUIRRE, Petitioner, v. Dick CLARK, Warden, Respondent. No. CV9910894DDPRC. United States District Court, C.D. California. August 8, 2000. *1229 Christine M. Adams, Assistant United States Attorney, Los Angeles, CA, for Respondent. ORDER ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE PREGERSON, District Judge. Pursuant to 28 U.S.C. Section...
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DECISION AND ORDER The issue before the Court is whether experienced trial counsel for plaintiff should be sanctioned for repeatedly issuing third-party subpoenas without giving notice to opposing counsel as required by Fed.R.Civ.P. 45. In my view, the facts here fully warrant the imposition of compensatory monetary sanctions. Procedural Background Plaintiff, Donald Murphy, filed a 32-page comp...
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112 F.Supp.2d 1192 (2000) UNITED STATES of America, Plaintiff, v. Joy MODAFFERI, Defendant. No. CRIM. 99-00333 SOM. United States District Court, D. Hawai`i. August 15, 2000. *1193 *1194 Thomas Muehleck, Asst. U.S. Atty., Honolulu, HI, for U.S. Alan Ellis Sausalito, CA, Myles S. Breiner, Honolulu, HI, for Joy Modafferi, Defendant. ORDER DENYING MOTION TO REJECT PLEA AGREEMENT AND/OR TO VOID DEFE...
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112 F.Supp.2d 138 (2000) BOSE CORPORATION, Plaintiff, v. JBL, INC., Infinity Systems Corporation, Defendants. JBL, Inc., Infinity Systems Corporation, Counter-Claimants, v. Bose Corporation, Counterclaim Defendant. No. CIV.A.98-10209-PBS. United States District Court, D. Massachusetts. August 31, 2000. *139 *140 *141 Charles Hieken, Gregory A. Madera, Fish & Richardson, Boston, MA, Shelley K....
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DECISION AND ORDER INTRODUCTION Laser Diode Array, Inc. (“LDAI”), the plaintiff in this patent infringement case, is the holder of United States Patent No. 5,128,951 (“the ’951 patent”), which was issued on July 7, 1992 and is entitled, “Laser Diode Array and Method of Fabrication Thereof.” LDAI alleges that defendant Paradigm Lasers, Inc. (“Paradigm”) has infringed the ’951 pate...
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111 F.Supp.2d 979 (2000) Linda McGEE, Plaintiff, v. EAST OHIO GAS COMPANY, Defendant. No. 99-CV-813. United States District Court, S.D. Ohio, Eastern Division. September 6, 2000. *980 *981 William B. Senhauser, Equal Justice Foundation, Toledo, OH, for Plaintiff. David A. Kutik, Michael L. Snyder, Jones, Day, Reavis & Pogue, Cleveland, OH, for Defendant. OPINION AND ORDER MARBLEY, District J...
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ORDER NO. 13 MEMORANDUM OPINION AND ORDER GRANTING PLAINTIFFS’ MOTIONS FOR PARTIAL SUMMARY JUDGMENT State Law Plaintiffs and Sherman Act Plaintiffs 1 are before the Court on mo *685 tions, brought pursuant to FecLR.Civ.Pro. 56(a), for partial summary judgment. Plaintiffs’ motions raise a single issue, whether Defendants’ September 24, 1997 Agreement (“HMRI/And...
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111 F. Supp. 2d 1218 (2000) Joseph D. SENN, Sr., et al., Plaintiffs, v. CAROLINA EASTERN, INC., Defendant. No. Civ.A. 96-D-371-N. United States District Court, M.D. Alabama, Northern Division. June 14, 2000. Jon Cole Portis, Beasley, Allen, Crow, Methvin, Portis & Miles, PC, for Plaintiffs. Richard E. Broughton, Ball, Ball, Matthews & Novak, P.A., Montgomery, AL, Robert S. Lamar, Jr., Lam...
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111 F. Supp. 2d 1181 (2000) Annie P. MOSS, et al., Plaintiffs, v. W & A CLEANERS, et al., Defendants. No. Civ.A. 99-D-332-N. United States District Court, M.D. Alabama, Northern Division. April 27, 2000. *1182 Maurice S. Bell, Montgomery, Al, David George Flack, Montgomery, AL, for Plaintiffs. Terry Alan Sides, Robison & Belser, P.A., Montgomery, AL, for Defendants. MEMORANDUM OPINION AN...
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111 F. Supp. 2d 1241 (2000) Robert BUTLER, et al., Plaintiffs, v. The ALABAMA JUDICIAL INQUIRY COMMISSION, et al., Defendants. No. Civ.A. 00-D-976-N. United States District Court, M.D. Alabama, Northern Division. August 3, 2000. *1242 *1243 MEMORANDUM OPINION AND ORDER DE MENT, District Judge. Before the court is Plaintiffs' Motion For Preliminary Injunction, filed July 24, 2000. Also before t...
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MEMORANDUM This case is before the court on Plaintiffs Motion for Class Certification (Docket No. 124), to which Defendant General Motors Acceptance Corporation (“GMAC”) has responded (Docket No. 209), and the plaintiff has replied (Docket No. 243). Defendant GMAC has filed a Motion for Summary Judgment (Docket No. 193),1 to which the plaintiff has responded (Docket No. 245), and GMAC has repli...
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111 F. Supp. 2d 1255 (2000) Neal ADAMS, Plaintiff, v. Bill FRANKLIN, et al., Defendants. No. Civ.A. 99-D-815-N. United States District Court, M.D. Alabama, Northern Division. July 31, 2000. *1256 *1257 *1258 Thomas J. Azar, Jr., Azar & Tasheiko, LLC, Montgomery, AL, for plaintiff. Daryl L. Masters, Webb & Eley, P.C., Montgomery, AL, for defendants. MEMORANDUM OPINION AND ORDER DE MENT, D...
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111 F.Supp.2d 1224 (2000) Robert BUTLER, et al., Plaintiffs, v. The ALABAMA JUDICIAL INQUIRY COMMISSION, et al., Defendants. No. Civ.A. 00-D-976-N. United States District Court, M.D. Alabama, Northern Division. July 28, 2000. *1225 James C. Barton, Jr., Johnston, Barton, Proctor & Powell, LLP, Birmingham, AL, Robert Marc Givhan, Johnston, Barton, Proctor & Powell, LLP, Birmingham, AL, for...
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MEMORANDUM OPINION AND ORDER Before the court is a Motion For Summary Judgment filed by Defendants U.S. Repeat*421ing Arms Company, Inc. (“USRAC”) and BWA, Inc. (“BWA”) on January 26, 19981 (“USRAC’s Mot.”),2 and a Motion For Summary Judgment filed by Defendant Olin Corporation (“Olin”) on July 13, 1998 (“Olin’s Mot.”). On April 6, 1998, Plaintiff filed a Memorandum Brief in opposition to US-RA...
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111 F. Supp. 2d 1197 (2000) Terri E. BREWER, Plaintiff, v. State of ALABAMA, et al., Defendants. No. Civ.A. 98-D-1338-N. United States District Court, M.D. Alabama, Northern Division. June 8, 2000. *1198 *1199 Gary E. Atchison, Montgomery, AL, David E. Belser, Nabors & Belser, LLC, Montgomery, AL, T. Dudley Perry, Jr., Alabama Dept. of Transp. Legal Division, Montgomery, AL, for plaintiff. Ma...
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111 F. Supp. 2d 1191 (2000) Virginia R. PRICKETT, Plaintiff, v. UNITED STATES of America, Defendant. No. Civ.A. 98-D-937-N. United States District Court, M.D. Alabama, Northern Division. May 17, 2000. *1192 Charles H. Volz, Jr., Calvin L. Williams, Volz, Prestwood & Hanan, P.C., Montgomery, AL, for plaintiffs. R. Randolph Neeley, Redding Pitt, U.S. Attorney's Office, Montgomery, AL, for defen...
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111 F.Supp.2d 1208 (2000) William HALL, Plaintiff, v. Gene DEMPSEY, et al., Defendants. No. Civ.A. 99-D-716-N. United States District Court, M.D. Alabama, Northern Division. June 13, 2000. *1209 Jimmy D. Jacobs, Montgomery, AL, for plaintiff. Susan Shirock DePaola, Samford & DePaola, P.C., Montgomery, AL, Barry R. Holt, Barry L. Holt, LLC, Montgomery, AL, for defendant. MEMORANDUM OPINION AN...
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*619 ORDER Before the Court is plaintiffs “Emergency Motion For Expedited Discovery Schedule And For Preliminary Injunction Hearing ” and “Motion For Deposition ” of defendant Timothy J. O’Connor within the next ten days. Both motions are denied. A preliminary injunction hearing is set for September 12th, 2000 at 10 A.M. At the outset of the litigation, plaintiff Merrill, Lynch, Pierce, Fenner a...
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ORDER ON DEFENDANT’S MOTION TO SUPPRESS The issue on this motion to suppress is whether a magistrate judge can issue a search warrant for child pornography without looking at the pictures that were provided as underpinning for the assertion of probable cause. It is my understanding that in the future the Magistrate Judges in this District will look at the pictures submitted, no matter how...
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113 F.Supp.2d 255 (2000) Steven MUSONE v. UNITED STATES of America. No. C.A. 97-477-T. United States District Court, D. Rhode Island. September 13, 2000. *256 *257 S. Paul Ryan, East Providence, RI, Cheryl J. Sturm, Westtownster, PA, for Petitioner. Gerald B. Sullivan, U.S. Attorney's Office, Providence, RI, for Respondent. MEMORANDUM AND ORDER TORRES, Chief Judge. Steven Musone has moved, pursu...
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This matter is before the Court on Defendants’ Motion for Leave to Compel Production of Retention Letters and Other Communication Between Plaintiffs’ Counsel and Their Experts, (Clerk’s No. 96), filed February 29, 2000. Plaintiffs resisted the Motion, and the court held a hearing on April 6, 2000. This matter is fully submitted. BACKGROUND Plaintiffs are suing Defendants, several tobacco companies...
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104 F.Supp.2d 1224 (2000) Jon RODRIQUEZ, Irene Rodriquez and Gretchen Dumas, On Behalf of Themselves and All Others Similarly Situated, Plaintiffs, v. TOPPS COMPANY, INC., Defendant. No. 98CV2121-B (AJB). United States District Court, S.D. California. June 21, 2000. Kevin P. Roddy, Los Angeles, CA, for plaintiff. Martin F. Klotz, New York City, Albert M. Myers, New York City, Richard A. Schirtzer...
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110 F.Supp.2d 1162 (2000) Arlan E. MCPHERSON, Plaintiff, v. Kenneth S. APFEL, Commissioner of Social Security, Defendant. Stephen C. Flugum, Plaintiff, v. Kenneth S. Apfel, Commissioner of Social Security, Defendant. Terry L. Hall, Plaintiff, v. Kenneth S. Apfel, Commissioner of Social Security, Defendant. Leica Nolte, n/k/a Leica Castellaw, Plaintiff, v. Kenneth S. Apfel, Commissioner of Social ...
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106 F. Supp. 2d 1002 (2000) PROVIDENT LIFE & ACCIDENT INS. CO., Plaintiff, v. John HENRY Defendant. John Henry, Counterclaimant, v. Provident Life & Accident Ins. Co., Counterdefendant. No. SACV99-725-GLTKDV. United States District Court, C.D. California, Southern Division. July 25, 2000. *1003 Robert E. Hess, Barger & Wolen, Irvine, CA, for Plaintiff. David T. Bamberger, Shernoff Bid...
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*560 MEMORANDUM OPINION AND ORDER Before the Court is Defendants’ Motion to Dismiss for Lack of Subject Matter Jurisdiction, filed May 12, 2000. Having considered the briefing and the applicable law, as well as the arguments of counsel at a hearing held on June 6, 2000, the Court DENIES Defendants’ Motion to Dismiss for Lack of Subject Matter Jurisdiction. At the hearing, Def...
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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 under the Social Security Act (“the Act”) and, therefore, was not entitled to disability benefits. Both plaintiff and the Commissioner have moved for judgment on the pleadings pu...
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OPINION Plaintiffs Adrian W. Selby and Jill Selby (“the Selbys”) allege that Principal Life Insurance Company f/k/a Principal Mutual Life Insuranee Company (“Principal”) committed various errors when processing their insurance claims for health benefits, and now move pursuant to Rule 23, F.R. Civ. P., to certify three plaintiff classes challenging Principal’s interpretation of its infertility t...
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DECISION AND ORDER In this action, PSC, Inc. and PSC Scanning, Inc. (“PSC”) seek a preliminary injunction barring one of its former salesmen, defendant Martin J. Reiss (“Reiss”), from working for a competitor, Optimal Robotics Corporation (“Optimal”), at least until February 2001. PSC also seeks related relief including an injunction precluding Reiss from disclosing any trade secrets ...
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DECISION AND ORDER INTRODUCTION Petitioner Deon Dawson was convicted of two counts each of murder, second degree, kidnaping, first degree and robbery, first degree in Monroe, New York, County Court, and sentenced to two consecutive terms of twenty-five years to life. On July 15, 1999, Dawson filed the present petition for habeas corpus under 28 U.S.C. § 2254. Dawson claims that his confessi...
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MEMORANDUM-DECISION AND ORDER Plaintiffs brought this action pursuant to 42 U.S.C. § 1983, seeking money damages. Brian K. Bordeau (“Bordeau”), Francis Laundry Jr. (“Francis L. Jr.”), and Jeffrey S. Laundry (“Jeffrey L.”) allege violations of their constitutional rights under the First, Fourth, Fifth and Fourteenth Amendments to the United States Constitution as well as violations of New York...
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ORDER This cause is before the Court upon the Joint Motion for Protective Order filed by Defendant LDL Communications, Inc. a/k/a/ Leblanc Broadcast, Inc. (“LDL”), and Leblanc & Royle Telcom, Inc., a/k/a Leblanc Limited (“Leblanc”). These Defendants request the Court to issue a protective order relieving LDL and Leblanc and their expert witnesses from the obligation to respond to certain subpoe...
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MEMORANDUM OPINION This case stems from a motor fuel franchise agreement between Plaintiff and Defendants. Pending before the court are Plaintiff and Defendants’ cross-motions for summary judgment (papers no. 12, 17). The issues are fully briefed, and the court now rules pursuant to Local Rule 105.6, no hearing being deemed necessary. For the reasons stated more fully below, the court will DE...
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111 F. Supp. 2d 1151 (2000) Mary G. JORDAN, etc., Plaintiff, v. Richard MURPHY, et al., Defendant. No. 3:00CV7212. United States District Court, N.D. Ohio, Western Division. September 5, 2000. Alan W. Penamon, Law Offices of Alan W. Penamon, Toledo, OH, for Mary G Jordan, individually and as next friend of minor children Angel Williams, Benjerman Mathis, Darryl Brown, and Alajah Williams, plainti...
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ORDER This matter is before the Court on Plaintiff Lisa McDaniel’s Motion in Support of Damages and Fees (doc. 18); Defendants Princeton City School District Board of Education and David D. Baker’s Memorandum in Opposition to Plaintiffs Motion (doc. 21); and Plaintiffs Reply (doc. 23). BACKGROUND Plaintiff Lisa McDaniel filed this action pursuant to Title 42 U.S.C. § 1983 on Oct...
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MEMORANDUM AND ORDER This matter comes before the Court as part of the plaintiffs attempt to obtain satisfaction of a money judgment entered in this Court on March 11, 1998. Plaintiff moves the Court to (1) vacate the Consent Protective Order entered on July 30,1999, (2) compel the Department of the Treasury to produce documents to the Court covered by the June 5, 1998 subpoena, and (3) sanctio...
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112 F. Supp. 2d 445 (2000) IVTX, INC. d/b/a Express Scripts Infusion Services v. UNITED HEALTHCARE OF THE MID-ATLANTIC, INC. No. CIV. A. WMN-00-0055. United States District Court, D. Maryland. August 11, 2000. *446 Earl F. Leitess, Leitess, Leitess & Friedberg, P.C., Baltimore City, MD, for Plaintiff. Mark Solomon, Marcell Solomon & Associates, P.C., Greenbelt Maryland and Bryan D. Bolton...
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*631 ORDER Before the Court is a motion by Defendant Tajuan Marnez Williams to suppress evidence. For the reasons stated below, the Court grants Defendant’s motion. Factual Background During the night of March 24, 2000, City of Flint police Officers Keith Motley and Felix Trevino stopped an auto driven by Defendant and occupied by Antonio R. Key because Officers Motley and Trevino had been ...
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MEMORANDUM AND ORDER This case has been referred to the undersigned for the resolution of discovery disputes pursuant to 28 U.S.C. § 636(b) and Local Rule 301. Plaintiff Betty Mae Taylor has sued defendants, Deputy Sheriff Brian Heller and the Mayor and City Council of Berlin, Maryland, for the alleged use of excessive force during her arrest on July 19, 1996 which allegedly resulted in injuries...
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MEMORANDUM AND ORDER This case has been referred to the undersigned for the resolution of discovery disputes pursuant to 28 U.S.C. § 636(b) and Local Rule 301. Plaintiff, a hemophiliac, alleges that he contracted the hepatitis C virus through infusion of tainted coagulation products manufactured and/or distributed by defendants and is suing for damages.1 Pending are Plaintiffs Motion to Compel A...
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112 F.Supp.2d 543 (2000) Tyrone TERRY, Petitioner, v. Carolyn CROSS, Warden, Respondent. No. Civ.A. 99-661-A. United States District Court, E.D. Virginia, Alexandria Division. September 14, 2000. *544 *545 *546 Tyrone W. Terry, Lawrenceville, VA, petitioner pro se. Jeffrey Scott Shapiro, Assistant Attorney General, Richmond, VA, for respondent. MEMORANDUM OPINION ELLIS, District Judge. In this p...
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MEMORANDUM OPINION In this employment suit, plaintiff, Betty Lauricia, alleges that defendant, MicroS-trategy, Inc. (“MicroStrategy”), her former employer, retaliated against her for engaging in protected activity, in violation of Title VII and the Age Discrimination in *490 Employment Act (“ADEA”). At issue by virtue of MicroStrategy’s motion to dismiss are the following...
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113 F.Supp.2d 922 (2000) Troy Wayne RODGERS, Petitioner, v. Ron ANGELONE, Director, Respondent. No. Civ.A. 99-1309-AM. United States District Court, E.D. Virginia, Alexandria Division. September 12, 2000. *923 *924 *925 Troy Wayne Rodgers, Mitchells, VA, petitioner pro se. Linwood Theodore Wells, Jr., Office of Attorney General, Criminal Litigation Section, Richmond, VA, for respondent. MEMORAND...
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112 F. Supp. 2d 521 (2000) BANCO INVERLAT, S.A., Plaintiff, v. WWW.INVERLAT.COM, et al., Defendants. No. Civ.A. 00-640-A. United States District Court, E.D. Virginia, Alexandria Division. September 8, 2000. John A. Trocki, III, John P. Corrado, Morrison & Foerster, L.L.P., Washington, DC, for plaintiffs. MEMORANDUM OPINION ELLIS, District Judge. This in rem action against two Internet domain...
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112 F.Supp.2d 38 (2000) STUDENT LOAN MARKETING ASSOCIATION, Plaintiff, v. Richard RILEY, Secretary of the U.S. Department of Education, Defendant. No. Civ. 98-3040(ESH). United States District Court, District of Columbia. August 23, 2000. *39 Robert S. Lavet, Sheldon D. Repp, Sallie Mae, Incorporated, Reston, VA, for plaintiff. Laura J. Weinstein, Assistant U.S. Attorney, Washington, DC, W. Neil ...
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111 F.Supp.2d 33 (2000) NATURAL LAW PARTY OF THE UNITED STATES OF AMERICA, et al., Plaintiffs, v. FEDERAL ELECTION COMMISSION, Defendant. No. CIV. A. 98-1025(ESH). United States District Court, District of Columbia. August 28, 2000. *34 *35 *36 William P. McGrath, Thomas O. Gorman, Washington, DC, for Plaintiff. Laura F. Klein, Washington, DC, for Defendants. MEMORANDUM OPINION HUVELLE, District...
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112 F.Supp.2d 29 (2000) COMMUNITIES FOR A GREAT NORTHWEST, LTD., et al., Plaintiffs, v. William Jefferson CLINTON, President of the United States, et al., Defendants. No. CIV. A. 98-2027(ESH). United States District Court, District of Columbia. August 23, 2000. *30 *31 William P. Pendley, Mountain States Legal Foundation, Denver, CO, for Plaintiff. Edward A. Boling, U.S. Department of Justice, En...
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112 F. Supp. 2d 723 (2000) ALL AMERICA INSURANCE COMPANY and Central Mutual Insurance Company, Plaintiffs, v. BROEREN RUSSO CONSTRUCTION, INC., Defendant. No. 99-CV-2262. United States District Court, C.D. Illinois, Danville/Urbana Division. September 14, 2000. *724 *725 *726 Robert M. Chemers, John G. Fogarty, Pretzel & Stouffer, Chicago, IL, for Plaintiffs. Richard T. West, Meyer, Capel, P....
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113 F.Supp.2d 1216 (2000) Consuela QUINN, Plaintiff, v. THE NON-CONTRIBUTORY NATIONAL LONG TERM DISABILITY PROGRAM and Blue Cross and Blue Shield Association, Defendants. No. 00 C 518. United States District Court, N.D. Illinois, Eastern Division. September 13, 2000. *1217 MEMORANDUM AND OPINION ORDER SHADUR, Senior District Judge. Consuela Quinn ("Quinn") has brought this Employee Retirement ...
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OPINION This matter is opened before the Court upon the motions of defendants Harish Chopra, Timetrust, Inc., and R-Squared Limited for summary judgment dismissing counts one and two of the two-count complaint against them and for summary judgment on their counterclaim against plaintiff Vestcom International, Inc. The motions have been decided upon the written submissions of the parti...
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112 F. Supp. 2d 1010 (2000) HUSSEIN ALI RESHAMWALLA, et al., Plaintiffs, v. STATE FARM FIRE AND CASUALTY COMPANY, Defendant. No. CIV.S-99-2129 FCD/JF. United States District Court, E.D. California. September 1, 2000. *1011 *1012 Steven F. Johnson, Sacramento, CA, Frank D. Bloksberg, Nevada City, CA, for Plaintiffs. Peter H. Klee, Mark W. Hansen, Luce, Forward, Hamilton & Scripps LLP, San Dieg...
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110 F.Supp.2d 1294 (2000) John DOE I, et al., Plaintiffs, v. UNOCAL CORP.; Union Oil Company of California; John Imle; and Roger Beach, Defendants. John Roe III, et al., Plaintiffs, v. Unocal Corporation and Union Oil Company of California, Defendants. Nos. CV 96-6959 RSWL (BQRx), CV 96-6112 RSWL (BQRx). United States District Court, C.D. California. August 31, 2000. *1295 Paul Hoffman, Schonbrun...
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113 F.Supp.2d 967 (2000) Dr. Jerry FALWELL, et al., Plaintiffs, v. The EXECUTIVE OFFICE OF THE PRESIDENT, et al., Defendants. No. Civ.A. 6:00-0005. United States District Court, W.D. Virginia, Lynchburg Division. September 11, 2000. Jerry Falwell, Jr., Lynchburg, VA, Larry Klayman, Judicial Watch, Inc., Washington, DC, for Jerry Falwell, Liberty University, Liberty Bible Institute, Liberty Baptis...
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MEMORANDUM-DECISION and ORDER 1. INTRODUCTION Plaintiffs brought this action in state court alleging false arrest in violation of the federal constitution and various state common law torts. 1 Defendant 2 removed the action to this court pursuant to 28 U.S.C. § 1441. Presently before the court is defendant’s motion for summary judgment, which is oppo...
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OPINION AND ORDER In this action, plaintiff seeks a declaratory judgment that defendant Metro-Goldwyn-Mayer, Inc. is not the owner of certain sequel rights in the motion picture entitled “Terminator”. Currently before the Court are plaintiffs motion for summary judgment and defendants’ cross-motion for partial summary judgment and dismissal of the complaint. For the reasons stated bel...
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MEMORANDUM — DECISION & ORDER I. Background Plaintiffs Victor Cipolla and Susan Martin are former employees of Rensselaer County (the “County”) whose claims arise out of their criminal prosecution for official misconduct. 1 Defendant Henry Zwack was the elected County Executive at the time of Plaintiffs’ prosecution; Steve Madden and Joseph Cybulski were employees of the C...
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127 F. Supp. 2d 1361 (2000) UNITED STATES of America, Plaintiff, v. Charles A. REID, Jr., a/k/a C.A. Reid, Jr. and Charlie Reid, Jr.; Edwina William Charles, a/k/a Edwina Charles; Marcus Anthony Reid; Katrina N. Reid; Anna P. Reid; Suntrust Bank, Augusta, N.A., as successor to FNB of Augusta; Tax Commissioner of Richmond County; and Richmond County, Defendants. No. CV196-053. United States Distri...
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113 F. Supp. 2d 765 (2000) Harold C. RIETHMAN, et al., Plaintiffs, v. Isobel BERRY, et al., Defendants. No. CIV. A. 98-5031. United States District Court, E.D. Pennsylvania. September 15, 2000. *766 H. Graham McDonald, Turner and Mc Donald, Philadelphia, PA, for Harold C. Riethman. Harold C. Riethman, Havertown, PA, pro se. Kathleen Tia Burke, Christie, Pabarue, Mortensen & Young, Philadelphi...
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116 F. Supp. 2d 591 (2000) Willard T. BUSKIRK, Plaintiff, v. APOLLO METALS, Defendant. No. CIV. A. 99-216. United States District Court, E.D. Pennsylvania. September 15, 2000. *592 *593 Thomas More Holland, Philadelphia, PA, for Plaintiff. Larry J. Rappoport, Wayne, PA, for Defendant. MEMORANDUM JOYNER, District Judge. This is an employment discrimination case brought by Plaintiff Willard T. Bus...
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112 F.Supp.2d 1035 (2000) UNITED STATES of America, Plaintiff, v. Steven BROOKS, Defendant. No. CR. 98-00591SOM. United States District Court, D. Hawaii. August 15, 2000. *1036 Beverly Wee Sameshima, Assistant U.S. Attorney, Office of the United States Attorney, Honolulu, HI, for plaintiff. T. Stephen Leong, Honolulu, HI, for petitioner. ORDER DENYING PETITIONER SILVA BROOKS' PETITION PURSUANT T...
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ORDER AFFIRMING MAGISTRATE JUDGE GORENCE’S ORDER GRANTING DEFENDANT’S MOTION TO COMPEL PLAINTIFF TO SIGN AUTHORIZATIONS FOR PSYCHOLOGICAL RECORDS AND ANSWER DEPOSITION QUESTIONS AND DENYING PLAINTIFF’S REQUEST FOR MODIFICATION OF ORDER Before the court is the plaintiffs Appeal of Magistrate Judge Patricia Gorence’s Memorandum Order of August 1, 2000. For the reasons set forth herein, the order wil...
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112 F. Supp. 2d 1214 (2000) Jerry KING, Gail King, Curt Rogers, Aimee King-Rogers, David McGuire and Jennifer McGuire, Plaintiffs, v. Wayne Emmett McKILLOP, Defendant. Civil Action No. 97-B-341. United States District Court, D. Colorado. August 29, 2000. *1215 *1216 Eugene Deikman, Eugene Deikman, P.C., Denver, CO, for plaintiffs. William J. Kowalski, Colleen A. O'Laughlin, Caplan and Earnest, LL...
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112 F. Supp. 2d 917 (2000) Marilyn JESSEN, Personally and as Special Administrator of the Estate of Alfred B. Jessen, Deceased, Plaintiff, v. Rajesh MALHOTRA, Defendant. No. 4:00CV0112. United States District Court, D. Nebraska. September 8, 2000. *918 E. Terry Sibbernsen, Omaha, NE, for Plaintiff. William L. Tannehill, Corey L. Stull Knudsen, Berkheimer Law Firm, Lincoln, NE, for Defendant. MEM...
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115 F. Supp. 2d 1185 (2000) Lord Simon CAIRNS, et al., Plaintiffs, v. FRANKLIN MINT CO., et al., Defendants. No. CV 98-3847 FMC (BQRx). United States District Court, C.D. California. September 12, 2000. *1186 *1187 Shari Mulrooney Wollman, Mark S. Lee, Seth A. Gold, Alison Spear Ullendorff, Manatt Phelps & Phillips, Los Angeles, CA, Cara R. Burns, Gradstein Luskin & Van Dalsem, Los Angele...
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OPINION In 1986, PepsiCo’s then-President and CEO, Roger Enrico, made the following observation in his book, The Other Guy Blinked: How Pepsi Won The Cola Wars: By comparison [to the major battles of history], of course, the battles that Pepsi-Cola and Coke fight in the Cola Wars are trivial. There are no final defeats. The ammunition we fire at one another is often damn ...
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MEMORANDUM AND ORDER Plaintiff Richard Rogers (“Rogers”) brought this action against two Internal Revenue Service (“IRS”) agents and three members of the Northborough, Massachusetts Police Department alleging eleven claims arising from the seizure of two of Rogers’ vehicles by the IRS. Pursuant to 28 U.S.C. § 2679, the United States substituted itself as defendant for the two IRS agents with re...
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ORDER DISMISSING DEFENDANT HARTFORD FIRE INSURANCE COMPANY’S COUNTER MOTION FOR SUMMARY JUDGMENT; GRANTING IN PART AND DENYING IN PART PLAINTIFF UNITED STATES OF AMERICA FOR THE USE AND BENEFIT OF INTERNATIONAL BUSINESS MACHINES CORPORATION’S MOTION FOR SUMMARY JUDGMENT; AND GRANTING PLAN-TIFF UNITED STATES OF AMERICA FOR THE USE AND BENEFIT OF INTERNATIONA BUSINESS MACHINES CORPORATION’S MOTION ...
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112 F. Supp. 2d 575 (2000) NADER 2000 PRIMARY COMMITTEE, INC., Ralph Nader, Winona Laduke, Martha Murray, and Mark Dunlea, Plaintiffs, v. Ken HECHLER, Secretary of State for the State of West Virginia, Defendant. No. Civ.A. 2:00-0839. United States District Court, S.D. West Virginia, Charleston Division. September 15, 2000. *576 Jason Huber, Forman & Crane, Charleston, WV, for plaintiffs. Eli...
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MEMORANDUM-DECISION AND ORDER I. INTRODUCTION The defendants are charged in a four count indictment with Conspiracy to interfere with commerce by extortion and threats of violence, Interference with commerce by extortion and threats of violence, Attempt to interfere with commerce by extortion and threats of violence, and Transfer of funds in interstate commerce in aid of racketeering acti...
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MEMORANDUM ORDER In a Memorandum Order dated August 8, 2000, this Court imposed sanctions against plaintiffs’ counsel for violations of Rule 11 in connection with the above-captioned securities fraud action. See Polar Int’l Brokerage Corp. v. Reeve, 196 F.R.D. 13 (S.D.N.Y.2000) [hereinafter ‘Tolar III”]. 1 Plaintiffs’ counsel now seeks, pursuant to Rule ...
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MEMORANDUM AND ORDER This cláss action is brought by New York City residents with AIDS or HIV-related illnesses seeking equal and meaningful access to publicly subsidized benefits. Plaintiffs sued city and state officials, claiming violations of the Americans with Disabilities Act (“ADA”), the Medicaid Act, Section 504 of the Rehabilitation Act of 1974, and other violations of state a...
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MEMORANDUM AND ORDER Pending before the Court is the petition of Curtis Harris (“Petitioner” or “Harris”), proceeding pro se, for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner was convicted of murder, burglary and robbery in February 1985. Later that same year, Petitioner pled guilty to attempted murder in connection with his attempted escape before his t...
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112 F. Supp. 2d 833 (2000) Rosanne M. DAY, Plaintiff, v. Jennifer M. WALL, Carla A. Kot, Thomas S. Brenner, Brenner, Brenner & Wall, and Philip Morris Deferred Profit-Sharing Plan, Defendants. No. 99-C-0185. United States District Court, E.D. Wisconsin. September 7, 2000. *834 Christopher T. Kolb, Milwaukee, WI, for plaintiff. Edward A. Hannan, Milwaukee, WI, for Jennifer M. Wall, defendant. ...
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113 F. Supp. 2d 770 (2000) Katherine L. TAYLOR, Plaintiff, v. PHOENIXVILLE SCHOOL DISTRICT, Defendant. No. CIV. A. 96-CV-8470. United States District Court, E.D. Pennsylvania. September 19, 2000. *771 Joseph A. Ryan, Ryan, Wochock & Ryan, Ltd., Paoli, PA, for Plaintiff. Michael I. Levin, Michael W. Jones, Michael I. Levin & Assoc., PC, Huntingdon Valley, PA, for Defendant. MEMORANDUM JOY...
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OPINION *210 TABLE OF CONTENTS [[Image here]] INTRODUCTION These related actions, both brought pursuant to 42 U.S.C. § 1983, present a number of federal and pendent state claims arising from a dispute between the City of New York and the entities with whom it contracts to provide legal services to. indigent criminal defendants. In the first action, the Lega...
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113 F.Supp.2d 1 (2000) UNITED STATES of America v. Dennis S. DAVIS. No. CRIM. 91-677 SSH. United States District Court, District of Columbia. February 28, 2000. AUSA Robert D. Okun, Chief, Special Proceedings Section, Office of the U.S. Attorney for the District of Columbia, Washington, DC, for Plaintiffs. *2 Dennis S. Davis, Lewisburg, PA, pro se. MEMORANDUM ORDER STANLEY S. HARRIS, District Ju...
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112 F. Supp. 2d 227 (2000) Benjamin MARCANO, Petitioner, v. Kenneth S. APFEL, Respondent. No. Civ. 00-1037 SEC. United States District Court, D. Puerto Rico. September 12, 2000. Benjamin Marcano-Roman, San Juan, PR, petitioner pro se. Lisa E. Bathia-Gautier, U.S. Attorney's Office District of P.R., Civil Division, San Juan, PR, for respondent. OPINION AND ORDER CASELLAS, District Judge. On Janua...
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112 F. Supp. 2d 609 (2000) Cecil Ray SCARBROUGH and Elizabeth K. Scarbrough, Plaintiff, v. Wilmer L. LONG and Juanita May F. Long, Defendants. No. Civ.A. 2:99cv368PG. United States District Court, S.D. Mississippi, Hattiesburg Division. September 7, 2000. Mary K. Blackwell, Hamilton & Linder, Meridian, MS, M. Marcia Smalley, M. Marcia Smalley, Attorney, Hattiesburg, MS, Lee E. Young, Charles ...
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112 F. Supp. 2d 718 (2000) The CINCINNATI INSURANCE COMPANY, Plaintiff, v. WEST AMERICAN INSURANCE COMPANY, The United States of America, Steven D. Campbell, Amy L. Campbell-Lukens, Danielle Jourdan Griffet, a Minor, by her Mother and Next Friend, Amy L. Campbell-Lukens, and the United States Postal Service, Defendants. No. 99-CV-2073. United States District Court, C.D. Illinois, Danville/Urbana ...
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ORDER On January 21, 2000(#78), Petitioners moved the Court to reconsider its decision on the original motion for remand. In the course of consideration of the motion for reconsideration, the Court analyzed the question of the subject matter jurisdiction of the federal court. That question was resolved in the minute order filed June 26, 2000 (# 101). Clearly, the court has subject matter jurisd...
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OPINION OF THE COURT Appellant Ecedro Rabsatt (hereinafter “Rabsatt” or “Appellant”) appeals the Territorial Court’s August 28th 1998 decision to uphold the validity of the Margarita Savain Trust, a trust created during the lifetime of decedent Margarita Ziri Savain. Rabsatt advances two arguments in support of his assertion that the Territorial Court’s decision should be reversed, initially Rabsa...
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113 F.Supp.2d 970 (2000) Robert W. BETTS, II, Plaintiff, v. RECTOR AND VISITORS OF THE UNIVERSITY OF VIRGINIA, Defendants. No. Civ.A. 3:96-00054. United States District Court, W.D. Virginia, Charlottesville Division. September 11, 2000. *971 *972 Dexter Brock Green, Jones & Green, Charlottesville, VA, for Robert W. Betts, II, plaintiff. *973 Richard Croswell Kast, University of Virginia, Offi...
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112 F.Supp.2d 869 (2000) BIOMETICS, LLC., Plaintiff, v. NEW WOMYN, INC., et al., Defendants. No. 4:00-CV-171 CAS. United States District Court, E.D. Missouri, Eastern Division. August 29, 2000. *870 Richard E. Haferkamp, Anthony G. Simon, Howell and Haferkamp, L.C., St. Louis, MO, for Biometics, LLC, plaintiff. Philip C. Graham, Helfrey and Simon, P.C., St. Louis, MO, for New Womyn, Inc., defenda...
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MEMORANDUM OPINION This action concerns the right to possession of a copy of an August 2-14, 1776 issue of the South Carolina American & General Gazette, which contains what is believed to be the sole extant copy of the first printing in South Carolina of the Declaration of Independence. I Plaintiff Mark E. Mitchell, Inc. (“MEM”) consigned the document to Christie’s I...
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MEMORANDUM & ORDER TABLE OF CONTENTS I INTRODUCTION. 352 TT FACTS. . . 254 A. Blues .. B. Tobacco 1. Health Effects. 2. Industry Conspiracy. a. Formation and Execution b. Knowledge. c. Coverup. d. Other Deceptive Conduct III SUMMARY JUDGMENT STANDARD CO CO TV RTCO CO i Racketeering. CO 1. Scheme Components. CO 2...
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112 F. Supp. 2d 58 (2000) Patrick J. BUCHANAN et al., Plaintiffs, v. FEDERAL ELECTION COMMISSION, Defendant. No. Civ.A. 00-1775(RWR). United States District Court, District of Columbia. September 14, 2000. *59 *60 Dale Andrew Cooter, Cooter, Mangold, Tompert, Wayson, P.L.L.C., Washington, DC, for plaintiffs Reform Party, Pat Choate. John J. Duffy, Cynthia L. Taub, Steptoe & Johnson, L.L.P., W...
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115 F.Supp.2d 872 (2000) D.J. MILLER & ASSOCIATES, INC. Plaintiff, v. OHIO DEPARTMENT OF ADMINISTRATIVE SERVICES, et al, Defendants. No. C2-00-804. United States District Court, S.D. Ohio, Eastern Division. September 18, 2000. *873 Darlene Eve Chavers, Larry Holliday James, Crabbe Brown Jones Potts & Schmidt, Columbus, OH, for plaintiff. *874 Michael R. Gladman, Ohio Attorney General-2, B...
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ORDER 1 GRANTING PLAINTIFF’S MOTIONS FOR PARTIAL • SUMMARY JUDGMENT On October 12, 1999, the Court heard argument regarding three motions for partial summary judgment brought by Plaintiff. All three motions will be granted for the reasons set forth below. I. BACKGROUND In this civil action Plaintiff asserts that Defendant public water systems have committed numerous violations of the Safe...
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107 F.Supp.2d 1223 (2000) McANALLY ENTERPRISES, INC., Plaintiff, v. Larry McANALLY and Does 1 through 50, Defendants. No. EDCV99-420 RTMCX. United States District Court, C.D. California. August 7, 2000. *1224 Karl N. Haws, William P. Tooke, Mundell, Odlum & Haws, LLP, San Bernardino, CA, for plaintiff McAnally Enterprises, Inc. Anthony J. Ellrod, David J. Wilson, Manning & Marder, Kass, E...
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*121 MEMORANDUM AND ORDER Presently before the Court are defendants’ motions to dismiss this action on various grounds including standing, international comity, Rules 12(b)(1) and 12(b)(6) of the Federal Rules of Civil Procedure, and other jurisdictional and substantive grounds. For the reasons stated below, defendants’ motions to dismiss are denied in their entirety. BA...
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*244 MEMORANDUM DECISION AND ORDER This is a civil action for damages for race discrimination brought pursuant to Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq., and the New York Human Rights Law (the “HRL”), N.Y. Exec. Law §§ 296 and 297. The parties have consented to have the undersigned conduct any and all further proceedings in...
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MEMORANDUM & ORDER This matter is before the court on a motion by plaintiff Custom Form Manufacturing (“Custom Form”), to compel that Rule 30(b)(6) depositions of defendants’ employees take place in either Northwestern Indiana or Chicago, Illinois and not in Japan. Custom Form is an Indiana corporation, with its principal place of business in Elkhart, Indiana. It brings its suit against Omron Cor...
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OPINION AND ORDER On June 19, 2000, the defendants RMM and Ralph Mercado filed both an original motion for a new trial pursuant to Federal Rule of Civil Procedure 59(a) and an amended motion for new trial, based on three arguments. (Docket Nos. 77 and 78, respectively.) The defendants allege (1) that the district court committed reversible error in denying defendants’ motion for a mistrial with...
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106 F. Supp. 2d 371 (2000) Avis BENTLEY, Plaintiff, v. Kenneth S. APFEL, Commissioner of the Social Security Administration, Defendant. No. 3:97CV2094(GLG). United States District Court, D. Connecticut. July 11, 2000. *372 Charles A. Pirro, III, Pirro, Church & Cook, Norwalk, CT, for Plaintiff. Deirdre Anne Martini, Ivey, Barnum & O'Mara, Greenwich, CT, for Defendant. DECISION ON APPEAL ...
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106 F.Supp.2d 216 (2000) UNITED STATES of America, Plaintiff, v. COMUNIDADES UNIDAS CONTRA LA CONTAMINACION, Intervenor, v. Puerto Rico Electric Power Authority, Defendant. No. Civ. 93-2527 (CCC). United States District Court, D. Puerto Rico. June 19, 2000. *217 Jason Feingold, U.S. Dept of Justice, Environment & Natural Resources Division, Environmental Enforcement Section, Washington, DC, f...
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MEMORANDUM OPINION AND ORDER In these consolidated actions alleging various violations of the federal securities laws, Scott Stackman, Jack Perry, Kevin Gillis, Florence and Howard Schubert, L. Neil Le-Roy, and Howard Green (collectively “plaintiffs”)*671, seek to certify the matter as a class action pursuant to Rule 23 of the Federal Rules of Civil Procedure (“Rule 23”). Defendants Bear, Stearns...
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After review and absent objection, the recommended ruling is hereby affirmed. REPORT AND RECOMMENDATION 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)(B), upon the Plaintiffs Motion to Remand this action to the District Court for the County of Cla...
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106 F. Supp. 2d 386 (2000) Judith DOBRICH, Plaintiff, v. GENERAL DYNAMICS CORP., ELECTRIC BOAT DIVISION, Defendant. No. 3:96 CV 1672(GLG). United States District Court, D. Connecticut. July 19, 2000. *387 Robert B. Muchinsky, Hartford, CT, for Plaintiff. *388 Rodger W. Lehr, Jr., Douglas McClain Peachey, General Dynamics/Electric Boat Division, Groton, CT, David L. Metzger, Metzger & Richters...
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106 F.Supp.2d 345 (2000) Donald SCHMIDT, et al. v. Kenneth DEVINO, et al. No. 3:99 CV 555 JGM. United States District Court, D. Connecticut. May 5, 2000. *346 James P. Brennan, Brennan & Isaac, Waterbury, CT, for plaintiffs. Frederick W. Krug, Matzkin, Krug & Danen, P.C., Waterbury, CT, for defendants. RULING ON DEFENDANTS' MOTION FOR SUMMARY JUDGMENT MARGOLIS, United States Magistrate J...
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MEMORANDUM AND ORDER Plaintiff Peter Belmont, an attorney licensed to practice in the State of New York, but acting pro se in this matter, brought this suit against Associates National Bank (Delaware) (“Associates”) under the Truth in Lending Act (“TILA” or the “Act”), 15 U.S.C. § 1601 et seq., and Regulation Z thereunder, 12 C.F.R. § 226.13, for failure to properly respond...
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OPINION Plaintiffs Sty-Lite Company (“Sty-Lite”) and Eurotex (Saipan), Inc. (“Euro-tex”) have instituted this action against defendants Eminent Sportswear Inc. (“Eminent”) and Christina Sportswear Ltd. (“Christina”) to recover payment for goods delivered. Plaintiffs have instituted this action against defendants Hongkong and Shanghai Banking Corporation Limited (“HSBC”) and Bank of Ch...
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MEMORANDUM & ORDER Plaintiff-Appellant Marlene Leary seeks to review an order of Bankruptcy Judge Adlai S. Hardin, Jr. dated March 17, 2000, granting Defendant-Appellee’s motion to dismiss the complaint and denying Plaintiffs motion for leave to amend the complaint. This Court has appellate jurisdiction pursuant to 28 U.S.C. § 158. On December 17, 1998, Plaintiff-Appellant Marlene Le...
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MEMORANDUM OPINION REVERSING THE BANKRUPTCY COURT’S CONFIRMATION ORDER AND REMANDING CASE FOR FURTHER PROCEEDINGS This case is on appeal from the United States Bankruptcy Court for the Eastern District of Texas, Paris Division. 1 The Appellants, Southern Pacific Transportation Company and St. Louis Southwestern Railway Company (collectively the “Railroads”), challenge the B...
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MEMORANDUM & ORDER Plaintiff GreenPoint Financial Corporation (“GFC”) alleges that Defendants Sperry & Hutchinson (“S & H”) and S & H Greenpoints.com’s use of the name “GREENPOINTS” and GREEN-POINTS.COM infringe on GFC’s trademark and create likely confusion in violation of Section 32 of the Lanham Act and New York State statutory and common law. In addition, Plaintiff alle...
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MEMORANDUM AND ORDER On January 25, 2000, after a five day trial, the jury returned a verdict for the plaintiff in this age discrimination suit. The jury awarded $106,736 in backpay, $130,596 in front pay, and $175,000 in compensatory damages provided for by the Pennsylvania Human Relations Act, (“PHRA”). In addition, the jury found the defendant’s violation of the Age Discrimination ...
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OPINION AND ORDER Plaintiffs Daulph and Terry Kline (“Plaintiffs”) bring this case against Security Guards, Inc., Dana Corporation, and Radio Maintenance, Inc. (“Defendants”). Plaintiffs allege violations of Pennsylvania’s Wiretapping and Electronic Surveillance Control Act (“Wiretap Act”)1, conspiracy, and negligent supervision, each arising from Defendants’ alleged electronic surveillance of ...
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107 F.Supp.2d 1165 (2000) Daniel RAY, a minor, and Jamie Ray, his Parent and Guardian Ad Litem, Plaintiffs, v. ANTIOCH UNIFIED SCHOOL DISTRICT, Jonathon Carr and the Parents of Jonathon Carr, Inclusive, Defendants. No. C99-5001 (MEJ). United States District Court, N.D. California. July 24, 2000. *1166 F. Anthony Edwards, Seibel, Finta & Edwards, Walnut Creek, CA, for Daniel Ray, Jamie Ray, Pl...
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112 F. Supp. 2d 850 (2000) Forest O. WILSON, Plaintiff, v. AMERICAN RED CROSS, NORTHLAND CHAPTER, and North Central Life Insurance Company, a Minnesota Corporation, Defendants. No. CIV. 99-721 RLE. United States District Court, D. Minnesota. August 2, 2000. *851 James Walter Balmer, Falsani Balmer Berglund & Peterson, Duluth, MN, Richard E. Prebich, Prebich Law Office, Hibbing, MN, for Forest...
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112 F. Supp. 2d 840 (2000) Jeffrey D. ARMSTRONG, individually and William Lawrence d/b/a Native American Press/Ojibwe News, Plaintiffs, v. MILLE LACS COUNTY SHERIFFS DEPARTMENT, Mille Lacs County; Dennis Boser, individually and in his official capacity as Sheriff of Mille Lacs County; Mille Lacs Tribal Police Department; Mille Lacs Band of Chippewa Indians; and Marc R. Gabinger, individually, Def...
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106 F. Supp. 2d 1088 (2000) ENVIRONMENTAL REMEDIATION HOLDING CORPORATION, derivatively by through Kevin Bartley, et al., Plaintiffs, v. TALISMAN CAPITAL OPPORTUNITY FUND, L.P., et al., Defendants. Civil Action No. 00-N-0679. United States District Court, D. Colorado. April 13, 2000. *1089 Luke Brennan, Luke A. Brennan, LLC, Grand Junction,CO, Daniel W. Packard, Packard & Packard, Beaumont, T...
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112 F. Supp. 2d 222 (2000) Homayra MEDERO DIAZ, et al., Plaintiffs, v. GRUPO DE EMPRESAS DE SALUD, et al., Defendants. No. CIV. 99-1516(HL). United States District Court, D. Puerto Rico. August 28, 2000. *223 Juan M. Masini-Soler, San Juan, PR, for Homayra Medero-Diaz, Freddy Jose Zayas, Conjugal Partnership Zayas-Medero, plaintiffs. Nereida M. Salva-Sandoval, Irizarry, Otero & Lopez, San Jua...
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106 F.Supp.2d 352 (2000) Victor L. ZIGMUND, Jr. v. Dr. Hilliard FOSTER, et al.[1] No. 3:97CV1989 (GLG) (JGM). United States District Court, D. Connecticut. June 30, 2000. *353 *354 *355 RULING AND ORDER GOETTEL, District Judge. The plaintiff filed this action pro se and in forma pauperis pursuant to 28 U.S.C. § 1915. He claims that the defendants, Dr. Carl Chi, Dr. John Young, Ronald Hoyte, Ge...
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112 F. Supp. 2d 1299 (2000) Barbara BARRINGTON, Plaintiff, v. FLORIDA DEPARTMENT OF HEALTH, Defendant. No. 6:99-CV-638-ORL-99C. United States District Court, M.D. Florida, Orlando Division. April 21, 2000. *1300 ORDER WISEMAN, Senior District Judge. Before the court is the Report and Recommendation of Magistrate Judge Glazebrook in which he recommends that the Motion of defendant for Summary Ju...
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111 F. Supp. 2d 501 (2000) Danielle CROUCHER and Robert Croucher, Plaintiffs, v. WORLDWIDE FLIGHT SERVICES, INC. and John and Jane Does (1-10), Defendants. No. 99-CV-5651 (WGB). United States District Court, D. New Jersey. August 16, 2000. Barry A. Kozyra, Walder, Sondak & Brogan, P.A., Roseland, NJ, for plaintiff. Stephen W. Bialkowski, McLellan & Bialkowski, L.L.C., Hackensack, NJ, Andr...
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113 F. Supp. 2d 5 (2000) Reginald G. MOORE, et al., Plaintiffs, v. Lawrence SUMMERS, Secretary U.S. Department of the Treasury, Defendant. No. CIV.A. 00-0953(RWR). United States District Court, District of Columbia. September 8, 2000. *6 *7 John Peter Relman, Christine R. Ladd, Relman & Associates, David James Shaffer, Karen Rapaport Esser, Ron Schmidt, Susan Tahernia, Thelen, Reid & Prie...
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113 F. Supp. 2d 635 (2000) BELL COMMUNICATIONS RESEARCH, INC., Plaintiff, v. FORE SYSTEMS, INC., Defendant. No. CIV.A. 98-586-JJF. United States District Court, D. Delaware. August 29, 2000. *636 *637 Richard K. Herrmann, Esquire, Mary B. Matterer, Esquire, Dale R. Dube, Esquire of Blank Rome Comisky Mccauley L.L.P., Wilmington, Delaware. Of counsel: Donald Dunner, Esquire, Vincent P. Kovalick, E...
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115 F. Supp. 2d 473 (2000) SEACHANGE INTERNATIONAL, INC., Plaintiff, v. NCUBE CORPORATION, Defendant. nCUBE Corporation, Counter-claimant, v. SeaChange International, Inc., Counter-defendant. Civil Action No. 00-568-JJF. United States District Court, D. Delaware. August 29, 2000. *474 William J. Marsden, Jr., J. Andrew Huffman, Fish & Richardson P.C., Wilmington, DE, of counsel: Jack Slobodin...
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110 F.Supp.2d 667 (2000) ABBOTT LABORATORIES, Mitsubishi-Tokyo Pharmaceuticals, Inc. f/k/a Tokyo Tanabe Co., Ltd., Plaintiffs, v. DEY, L.P. and Dey, Inc., Defendants. No. 00 C 1725. United States District Court, N.D. Illinois, Eastern Division. June 28, 2000. *668 MEMORANDUM OPINION AND ORDER KENNELLY, District Judge. In this patent case, Tokyo Tanabe Company, Ltd., now known as Mitsubishi-Tok...
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MEMORANDUM BACKGROUND: On March 8, 2000, a grand jury sitting in the Middle District of Pennsylvania returned an indictment charging defendants David M. Griggs and Erie Spencer Saunders with possession with intent to distribute in excess of 50 grams of cocaine base (crack cocaine), in violation of 21 U.S.C. § 841(a)(1), (b)(l)(A)(iii). Both defendants entered pleas of not gui...
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113 F.Supp.2d 689 (2000) Craig E. LESHNER, Plaintiff, v. McCOLLISTER'S TRANSPORTATION SYSTEMS, INC.; McCollister's Moving & Storage, Inc.; John Does 1-10, fictitious persons or corporations, jointly, severally, and alternatively, Defendants. No. CIV. A. 00-3342 (JEI). United States District Court, D. New Jersey. September 13, 2000. Alan H. Schorr & Associates, P.C. by Alan H. Schorr Marlt...
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MEMORANDUM OPINION AND ORDER Simeon Palay, a federal prisoner, brought this pro se complaint under the Federal Tort Claims Act (FTCA) against administrators and medical staff employed at the Metropolitan Correctional Center (MCC) in Chicago. Palay, who was injured as a consequence of a gang fight at the MCC, alleges that his injury was caused by the negligence of MCC staff and that he...
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106 F. Supp. 2d 23 (2000) HAMILTON SECURITIES GROUP INC., Plaintiff, v. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, Office of Inspector General, Defendant. No. Civ.A. 99-1563 (ESH). United States District Court, District of Columbia. July 17, 2000. *24 Michael J. McManus, Drinker Biddle & Reath, Washington, DC, for plaintiff. Stacy M. Ludwig, Assistant U.S. Attorney, U.S. Attorney's Office, ...
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104 F. Supp. 2d 10 (2000) THE WILDERNESS SOCIETY, et al., Plaintiffs, v. Bruce BABBITT, Secretary of the Interior, et al., Defendants. No. Civ.A. 98-2395(RWR). United States District Court, District of Columbia. May 23, 2000. *11 Sharon Buccino, National Resources Defense Council, Washington, DC, for plaintiff. Robert Elijah Jordan, III, Steptoe & Johnson, L.L.P., Washington, DC, for interven...
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Memorandum and Order This diversity auto-tort case has been referred to me for all proceedings, with the consent of the parties. See 28 U.S.C. § 636(c), Local Rule 301.4. Plaintiffs, Catherine Ann Gray Peiffer, John Thomas Peiffer, M.D. and their son, Thomas Charles Peiffer, (collectively the “Peiffers” or the “Plaintiffs”) have sued the Defendants, King Pontiac, Buick, GMC...
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107 F. Supp. 2d 694 (2000) John A. MATTINGLY, Sr. v. HUGHES ELECTRONICS CORP., et al. No. CIV.A. DKC 99-2785. United States District Court, D. Maryland. July 31, 2000. *695 John A. Mattingly, Jr., Mattingly & Weiskopf, California, MD, for plaintiff. Patrick James Attridge, King & Attridge, Rockville, MD, for defendant. MEMORANDUM OPINION CHASANOW, District Judge. Plaintiff has filed a cl...
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113 F. Supp. 2d 1356 (2000) DULUTH MISSABE & IRON RANGE RAILWAY COMPANY, INC., Plaintiff, v. BROTHERHOOD OF LOCOMOTIVE ENGINEERS, Defendant. No. Civ. 99-467 RHK/RLE. United States District Court, D. Minnesota. August 31, 2000. *1357 ORDER KYLE, District Judge. On August 7, 2000 Magistrate Judge Raymond L. Erickson filed his Report and Recommendation (R & R) in this matter and recommend...
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113 F. Supp. 2d 152 (2000) UNITED STATES of America, Plaintiff, v. K. Glenn SHAW, Eileen B. Aird, and Louise Verde, Defendants. No. Crim.A.99-10044-REK. United States District Court, D. Massachusetts. September 11, 2000. *153 Douglas Farquhar, Hyman, Phelps & McNamara, P.C., Washington, DC, Maria R. Durant, David M. Osburne, Dwyer & Collora, Boston, MA, William H. Kettlewell, Dwyer & ...
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ORDER Before the Court are Plaintiffs’ Objections to the August 3, 2000 Report and Recommendation of Magistrate Judge Raymond L. Erickson. This Court has conducted the required de novo review of the objected to portions of the Report and Recommendation. That review satisfies the undersigned that Judge Erickson’s recommendations are fully supported by the facts and the law. ...
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113 F.Supp.2d 164 (2000) Gary CUMPATA, Plaintiff, v. BLUE CROSS BLUE SHIELD OF MASSACHUSETTS, INC., Defendant. No. Civ.A. 99-10942-WGY. United States District Court, D. Massachusetts. September 13, 2000. *165 Alan K. Posner, Rubin & Rudman, Boston, MA, Paul G. Gitlin, Rubin and Rudman, Boston, MA, Catherine M. Campbell, Feinberg, Charnas & Schwartz, Boston, MA, for Gary Cumpata, plaintiff...
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OPINION AND ORDER Plaintiff Samuel Warren Deas brought this action under 29 U.S.C. § 1132(a)(1), the Employee Retirement Income Security Act of 1974 (“ERISA”), against defendants Sheet Metal Workers National Pension Fund (“the Fund”) and Sheet Metal Workers’ International Association Local Union #441 (“the Union”). 1 ERISA provides that “[a] civil action may be brought ... ...
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MEMORANDUM OPINION I. Procedural and Factual Background Plaintiff, Karen L. Wells, filed this action challenging the final decision of the Commissioner of Social Security, (“Commissioner”), denying plaintiffs claim for supplemental security income, (“SSI”), under the Social Security Act, as amended, (“Act”), 42 U.S.C.A. § 1381 et seq. (West 1991-1992 & Supp.2000). ...
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FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER This is an action by Plaintiff United States of America (“United States”) against Defendants John Marsh, Sean Marsh and Heather Marsh, as trustees of the Marsh Trust, and Bank of Hawaii to reduce to judgment the unpaid federal employment and unemployment taxes assessed against John Marsh and to foreclose on federal tax liens on two parcel...
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MEMORANDUM The Court having heard the oral argument and reviewed the summary judgment motion of defendant Royal Caribbean Cruise, Ltd. [“Royal Carribean”] along with the motions of co-defendants, West Indian Company, Ltd. [“WICO”], and Robert Lynch Trucking, Ltd. [“Robert Lynch Trucking”], and the response of plaintiffs Darla and John Sharpe [the “Sharpes”] and the plaintiffs’ replies the...
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MEMORANDUM OPINION The United States filed this case on August 27, 1998. The complaint contained three counts: in count one, the United States seeks to foreclose on a lien against a real estate mortgage held by Jack Jep-sen on property located in Arkansas; in count two, the government alternatively seeks to set aside as a fraudulent conveyance a release of the mortgage on the Arkansas propert...
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RULING ON PETITION FOR WRIT OF HABEAS CORPUS The petitioner, Eduard Avramenkov (“Petitioner”), brings this complaint for declaratory relief alleging violations of the Fifth, Eighth and Fourteenth Amendments. The Petitioner requests the court to issue a writ of habeas corpus ordering his immediate release from the mandatory and indefinite detention by the Immigration and Naturalization...
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107 F.Supp.2d 1230 (2000) Joseph HADDAD, Plaintiff, v. Scott E. WALL, Defendant. No. EDCV98-0130 RTVAPX. United States District Court, C.D. California. August 8, 2000. E. Thomas Barham, Jr., Shirley A. Ostrow, Law Offices of Barham and Ostrow, Los Alamitos, CA, for plaintiff. *1231 Bruce E. Disenhouse, Kinkle, Rodiger and Spriggs, A Professional Corporation, Riverside, CA, for defendant. AMENDED...
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*403 OPINION Defendant Juan Ramirez moves to suppress evidence collected during a search of his Bronx residence pursuant to F.R.Crim. P. 12(b)(3), 41(f) and U.S. Const. Amend. IV. 1 Defendant alleges that Elsie Serrano, the person who is said to have consented to the search, was not authorized to give consent to search his residence, and further was fraudulently induced to consent. 2 ...
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OPINION Defendant Russian Savings Bank, a/k/a Savings Bank of the Russian Federation a/k/a Russian Federation Savings Bank a/k/a Commercial Savings Bank of the Russian Federation a/k/a Sberbank (“Sberbank”) moves, pursuant to Rules 12(b)(2) and (6), Fed.R.Civ.P, to dismiss the complaint filed by Plaintiff Parex Bank (“Parex”) on the grounds of lack of personal jurisdiction, forum no...
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*431 OPINION AND ORDER In this action, plaintiff, a former employee of defendant St. John’s University, alleges that defendants forced him to resign for refusing to wear athletic apparel bearing the Nike logo. Currently before the Court are defendants’ motions to dismiss, and plaintiffs cross-motion for leave to amend his complaint. For the reasons set forth below, defendants...
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DECISION AND ORDER INTRODUCTION Plaintiff Edwin Williams brings this action against his former employer, Dictaphone Corp. (“Dictaphone”), pursuant to the Age Discrimination in Employment Act (“ADEA”), 29 U.S.C. § 621, et seq. Item l. 1 Williams claims that Dictaphone: (1) discriminated against him on the basis of his age by reducing his salary in July 1996; (2) ...
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MEMORANDUM AND ORDER Plaintiffs John F. Jurgens and Philip Becker, seamen employed on the ANTHONY J, a commercial vessel, brought these consolidated actions against the named defendants under the admiralty law as modified by the Jones Act, 46 U.S.C.App. § 688, the general maritime law, 28 U.S.C. § 1333, and the common law of negligence, seeking recovery for injuries they sustained from a ...
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DECISION AND ORDER Thomas L. Crawford, pro se and incarcerated, petitions for a writ of habeas corpus under 28 U.S.C. § 2254, attacking his 1992 New York State murder conviction. The Respondent, represented by the New York County District Attorney’s Office (the “State”), moves to dismiss the petition on two alternative grounds: 1) it is barred by the Antiterrorism and Effec...
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MEMORANDUM & ORDER By two separate motions filed on August 21, 2000 in this federal question employment discrimination litigation, heard and fully submitted on September 15, 2000, Defendants move to dismiss Plaintiffs claims pursuant to Rule 12(b)(6). Plaintiff, Daria Sullivan-Weaver, sues pursuant to the Civil Rights Act of 1994 and the Civil Rights Act of 1991, 42 U.S.C....
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DECISION and ORDER This employment discrimination case, brought pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq., is before the Court on the defendant newspaper’s motion for summary judgment (docket # 5) filed on April 10, 2000. For the reasons stated below, the Court grants the motion. *435 I. Procedural Background The plaint...
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ORDER By Order and Final Judgment, dated August 14, 2000 (“Order”), the Court approved, among other things, the instant class action settlement and awarded Plaintiffs’ counsel attorneys’ fees ($900,000) equal to 20% of the Settlement Fund as well as reimbursement of expenses ($136,-593.37) — for a total of $1,036,593.37. Plaintiffs’ counsel now moves, pursuant to Rule 59(e) of the Federal Rul...
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DECISION AND ORDER INTRODUCTION Currently before this court is defendant Altec Industries’ motion for summary judgment. Altec seeks dismissal from plaintiffs’ personal injury action. Items 33, 34, 45, 46, 62, and 63. Plaintiffs respond in opposition. Items 36, 37, 50, 51, and 60. Oral argument was held on June 13, 2000. BACKGROUND I. Facts In January of 1987, A...
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CORRECTED MEMORANDUM OPINION RE: TRADE DRESS CLAIMS Defendants Medax International, Inc. and individual Defendants Alma A. Timpson, Jr. and Paul M. Jessop filed a motion for summary judgment against Plaintiffs claims for trade dress infringement and unfair competition. 1 *995 i. Background Medical and research laboratories perform large numbers of repeti...
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MEMORANDUM OPINION AND ORDER In this ERISA case, Great Northern Asset Management (“Great Northern”) of Minnesota, an investment advisor to Teamsters Union Local 710 Pension Fund (the “Fund”), of Illinois, used the services of East West Institutional Services (“East West”), a Connecticut corporation located in Michigan and an “introducing broker” of questionable qualifications and disp...
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116 F. Supp. 2d 85 (2000) SPRINGFIELD, INC., Plaintiff, v. Bradley A. BUCKLES, Director Bureau of Alcohol Tobacco and Firearms, U.S. Department of the Treasury, Defendant.[1] No. 99CV1224 JLG. United States District Court, District of Columbia. September 14, 2000. Stephen P. Halbrook, Richard E. Gardiner, Fairfax, VA, for Plaintiff. *86 Martha E Rubio, U.S. Department of Justice, Civil Division, ...
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113 F.Supp.2d 30 (2000) Excell WILKS, Plaintiff, v. Kenneth S. APFEL, Defendant. No. CIV. A. 99-1767(RCL). United States District Court, District of Columbia. September 15, 2000. *31 Pro Se Excell Wilks, Washington, DC, for Plaintiff. Paul Mussenden, Ausa, U.S. Attorney's Office, Washington, DC, for Defendant. MEMORANDUM OPINION LAMBERTH, District Judge. This matter, brought under the Social Sec...
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OPINION This is a contract case. The plaintiff E.I. duPont de Nemours and Company (“DuPont”) is a Delaware Corporation with its principal place of business in Wilmington, Delaware. Defendant Rhodia is a French corporation with is principal place of business in Boulogne-Billaneourt, France. Defendant Rhodia Fiber and Resin Intermediates (“Rhodia Fiber”) is a French corporation and has its principa...
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OPINION This bankruptcy appeal presents the question of whether a Chapter 7 bankruptcy debtor, exercising the avoidance power conferred upon him by 11 U.S.C. § 522(h), may recover wages garnished by a judg *903 ment creditor within the ninety-day preference period. The bankruptcy court, answering this question in the affirmative, held that the debtor, Kenneth W. Stine, was en...
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115 F. Supp. 2d 620 (2000) In re MICROSTRATEGY, INC. SECURITIES LITIGATION. No. Civ.A. 00-473-A. United States District Court, E.D. Virginia. September 15, 2000. *621 *622 Craig C. Reilly, Alexandria, VA, for plaintiffs. Brendan V. Sullivan, Jr., Williams & Connolly, Washington, D.C., for defendant Microstrategy. Leo S. Fisher, Bean, Kinney & Korman, P.C., Arlington, VA, for defendant Pri...
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113 F.Supp.2d 935 (2000) L. Douglas BRINN, et al., Plaintiffs, v. TIDEWATER TRANSPORTATION DISTRICT COMMISSION, t/a Tidewater Regional Transit, Defendant. No. CIV. A. 2:99CV1637. United States District Court, E.D. Virginia, Norfolk Division. September 21, 2000. *936 Susan T. Ferguson, Jonathan G. Martinis, Commonwealth of Virginia Rights of Virginians with Disabilities, Richmond, VA, Stephen A. G...
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OPINION AND FINAL ORDER This matter is before the court on Debt- or Tina L. Carpenter’s appeal, pursuant to 28 U.S.C.A. § 158(a) (West Supp.2000), from the Amended Memorandum Opinion and Order of the United States Bankruptcy Court for the Eastern District of Virginia, filed January 19, 2000. 1 The bankruptcy court declared that Wal-Mart *908 Stores, Incorporate...
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112 F. Supp. 2d 524 (2000) Jackson BAYNARD, Plaintiff, v. Craig J. LAWSON, et al., Defendants. No. Civ.A. 99-621-A. United States District Court, E.D. Virginia, Alexandria Division. September 12, 2000. *525 Stephen C. Glassman, Vienna, VA, for plaintiff. Francis J. Prior, Jr., Siciliano, Ellis, Dyer & Boccarosse, Fairfax, VA, Tina M. Maiolo, Carr Goodsen Lee & Warner, Washington, DC, John...
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112 F. Supp. 2d 534 (2000) Latif BLAGMAN, Plaintiff, v. James R. WHITE, et al., Defendants. No. Civ.A. 99-537-AM. United States District Court, E.D. Virginia, Alexandria Division. September 14, 2000. *535 *536 Latif Blagman, Victoria, VA, plaintiff pro se. Pamela Anne Sargent, Office of the Attorney General of Virginia, Richmond, VA, for defendants. MEMORANDUM OPINION ELLIS, District Judge. A Vi...
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MEMORANDUM-DECISION and ORDER Plaintiff Joan Flores (“Flores” or “plaintiff’) brought this action pursuant to Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681-1688 (“Title IX”), 42 U.S.C. §§ 1981, 1983, and 1988, and New York State’s Human Rights Law (“HRL”), N.Y. Exec. Law § 296 (McKinney 1993 & Supp.1999), and Education Law, N.Y. Educ. Law § 3201-3201-a (McKinney 1995)...
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MEMORANDUM — DECISION & ORDER I. Background A. The St. Regis Tribe Historically, the St. Regis Mohawk Tribe (the “Tribe”) was governed by a Three Chiefs System of government, under which the Three Chiefs, elected by Tribe Members, acted as the Tribe’s governing body. In 1995, the Tribe commenced a referendum election to determine whether it would adopt a Tribal Constitution, cre...
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MEMORANDUM We here consider an appeal from an Order of the United States Bankruptcy Court for the Eastern District of Pennsyl *355 vania dated March 22, 2000 and entered in Bankruptcy No. 99-31799DAS. I. Background A. Facts This appeal, and indeed the entire bankruptcy from which it stems, arises from a sophisticated set of arrangements ente...
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MEMORANDUM Defendants Township of Lower Merion, Township of Lower Merion Police Department, and Officer Michael Bedzela moved for summary judgment as to count one of the amended complaint. Fed.R.Civ.P. 56. 1 On September 21, 2000, an order was entered granting the motion. 2 On the afternoon of July 5, 1999, Officer Bedzela, a member of the Lower Merion Township Police Department, was dr...
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112 F. Supp. 2d 1000 (2000) James SCHERZ, Plaintiff, v. SOUTH CAROLINA INSURANCE COMPANY, Defendant. No. CV 99-13486 AHM (RZx). United States District Court, C.D. California. September 21, 2000. *1001 Martin R. Fox, Los Angeles, CA, for plaintiff. Gary R. Gleason, Farbstein & Blackman, San Mateo, CA, Gerald J. Nielsen, Nielsen Law Firm, Metairie, LA, for defendant. ORDER GRANTING DEFENDANT'S...
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MEMORANDUM OPINION AND ORDER Before the Court is Plaintiffs Motion in Aid of Execution of Judgment, pursuant to Federal Rule of Civil Procedure 69 and 28 U.S.C. § 1961 (West 2000). Plaintiff claims that Defendant owes him an additional $2,918.00 in post-judgment interest pursuant to the federal interest statute, 28 U.S.C. § 1961. Because granting Plaintiffs Motion would result in Plai...
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OPINION These two actions were filed pursuant to 42 U.S.C. § 1983. Each action has multiple plaintiffs. The sixty-two plaintiffs in Thomas Sacco, et al. v. George E. Pataki, et al., 95 Civ. 8627, are current or former members of the Truck Drivers Local Union 807 (“Local 807”) of the International Brotherhood of Teamsters (the “International”). The two hundred plaintiffs in ...
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121 F.Supp.2d 9 (2000) Michael BOURKE, Plaintiff, v. Kathleen HAWK, Defendant. No. CIV.A. 99-2960(JR). United States District Court, District of Columbia. September 20, 2000. *10 Michael Bourke, Seagoville, TX, pro se. W. Mark Nebeker, Assist. U.S. Atty., Washington, DC, for defendant. MEMORANDUM ROBERTSON, District Judge. Plaintiff, proceeding without counsel, challenges the Bureau of Prisons' ...
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121 F. Supp. 2d 285 (2000) UNITED STATES of America v. Alan Barton NACHAMIE, et al., Defendants. No. S3 98 CR. 1238(SAS). United States District Court, S.D. New York. September 22, 2000. *286 *287 *288 Jonathan N. Halpern, Robert R. Strang, Erika K. Thomas, United States Attorney's Office, New York City, for the United States of America. James E. Neuman, Mischel, Neuman & Horn, P.C., New York...
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113 F. Supp. 2d 1145 (2000) UNITED STATES of America, Plaintiff, v. William Luke CARNES, Defendant. No. 97-CR-80053. United States District Court, E.D. Michigan, Southern Division. September 19, 2000. *1146 *1147 Sheldon Light, Asst. U.S. Atty., Detroit, MI, for Plaintiff. Richard Amberg, Waterford, MI, for Defendant. OPINION AND ORDER DENYING DEFENDANT'S MOTIONS FOR NEW TRIAL AND TO DISMISS FOR...
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113 F.Supp.2d 1101 (2000) SMI-OWEN STEEL COMPANY, INC. v. ST. PAUL FIRE & MARINE INSURANCE COMPANY, and J & H Marsh & McLennan. No. Civ.A. G-00-149. United States District Court, S.D. Texas, Galveston Division. September 18, 2000. *1102 *1103 Francis I Spagnoletti, Spagnoletti & Assoc, Houston, TX, for SMI-Owen Steel Co, Inc, plaintiff. Anne Marie Finch, Jackson and Walker, Housto...
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MEMORANDUM OPINION AND ORDER Before the court is the City of Geneva (“the City”), Frankie Lindsey (“Lindsey”), Max Motley (“Motley”), and Tim Barney’s (“Barney”), (collectively “Defendants”), Motion for Summary Judgment (“Mot.”), together with a supporting Memorandum Brief (“Defs.’ Br.”), filed on July 27, 2000. On August 22, 2000, Plaintiff Danny Ray Roberts (“Plaintiff’) filed a Mem...
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MEMORANDUM OPINION AND ORDER Before the court is Defendant Amers-ham Corporation’s (“THH” or “Defendant”) Motion For Summary Judgment (“Def.Mot.Summ. J.”), together with a sup *1222 porting Brief, which were both filed July 14, 2000. Plaintiff The Shutter Shop (“Plaintiff’) filed its Response (“Pl.’s Resp.”) on August 4, 2000. Defendant then filed a Reply (“Reply”) on Aug...
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111 F. Supp. 2d 1338 (2000) Ike MONT-ROS, Plaintiff, v. CITY OF WEST MIAMI, Defendant. No. 98-2919-CIV. United States District Court, S.D. Florida. July 11, 2000. *1339 *1340 *1341 *1342 *1343 *1344 *1345 Carlos Garcia, Garcia & Dominguez, P.A., Miami, FL, for plaintiff. Richard McDuff, Kindy K. Coogler, Johnson, Anselmo, Murdoch, Burke & George, P.A., Ft. Lauderdale, FL, for defendant. ...
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113 F.Supp.2d 175 (2000) Charles FRYAR, Jr., Petitioner, v. Lynn BISSONNETTE, Respondent. No. Civ.A. 98-30215-MAP. United States District Court, D. Massachusetts. September 19, 2000. *176 David P. Hoose, Katz, Sasson & Hoose, Springfield, MA, Harris Freeman, Greenfield, MA, for Charles Fryar, Jr., petitioner. Kenneth E. Steinfield, Office of the Attorney General, Criminal Bureau, Boston, MA, ...
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111 F. Supp. 2d 1161 (2000) Terry WHITEHAT, Plaintiff, v. COLLEGE OF EASTERN UTAH, Defendant. No. 2:00-CV-243K. United States District Court, D. Utah, Central Division. August 29, 2000. Mr. Erik Strindberg, Cohne Rappaport & Segal, Salt Lake City, UT, Eric P. Swenson, Salt Lake City, UT, for Plaintiff. Debra J. Moore, Bless S. Young, Bart Kunz, Utah Attorney General's Office, Litigation Unit,...
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113 F. Supp. 2d 242 (2000) Jorge LUIS RODRIGUEZ, Plaintiff, v. DIXIE SOUTHERN INDUSTRIAL, INC., Defendant. No. CIV. 99-1974 DRD. United States District Court, D. Puerto Rico. August 31, 2000. *243 *244 *245 *246 *247 Julio E. Gil-De-La-Madrid, Calle Marginal A-11 (Granada), Bayamon, PR, for plaintiff. Bernard H. Gentry, Clark & Campbell, PA, Lakeland, FL, Alfredo F. Ramirez-MacDonald, O'Neill...
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MEMORANDUM — DECISION & ORDER Plaintiff commenced the instant action pursuant to Title III of the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12181, et. seq., and NEW YORK CIVIL RIGHTS LAW § 47, claiming that she was discriminated against in the use of a public accommodation on account of her disability. Presently before the Court is Defendants’ motion for summary judg...
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112 F. Supp. 2d 1276 (2000) Natalie C. HOWARD, Plaintiff, v. William J. HENDERSON, Postmaster General for the United States Postal Service, Defendant. No. CIV. A. 99-D-299-N. United States District Court, M.D. Alabama, Northern Division. September 6, 2000. *1277 Gary E. Atchison, Montgomery, AL, for Plaintiff. Leura J. Garrett, U.S. Attorney's Office, Redding Pitt, U.S. Attorney's Office, Montgom...
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MEMORANDUM OPINION Plaintiff Amanda Prettyman filed this lawsuit against defendants Lillie Mae Goodwin, Wal-Mart Stores, Inc., Wal-Mart Stores East, Inc., and Wal-Mart Associates, Inc. Removal jurisdiction is appropriate based on diversity of citizenship, 28 U.S.C.A. §§ 1332, 1441. Prettyman asserts the following claims: negligence against the Wal-Mart defendants and Goodwin, and concomitant li...
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DECISION AND ORDER Plaintiff Steven J. Romer (“Romer”) brings this action pursuant to 42 U.S.C. § 1983, seeking to redress alleged violations of his civil rights under the Due Process Clause of the Fourteenth Amendment of the United States Constitution. Defendants are New York County District Attorney Robert M. Morgenthau and former Assistant District Attorney Roslynn R. Mauskopf (tog...
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111 F. Supp. 2d 77 (2000) SMITH & CROYLE, LLC and Asesoria Technica, S.A. v. RIDGEWOOD POWER CORPORATION and Robert E. Swanson and Fleet Bank, NA, as Trustee. No. Civ.A. 98-11727-RGS. United States District Court, D. Massachusetts. August 24, 2000. *78 Ann Pauly, Alice E. Richmond, Richmond, Pauly & Ault, Boston, MA, for Plaintiff. Walter E. Judge, Jr., Christopher Roy, David E. Bond, Dow...
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112 F. Supp. 2d 641 (2000) Linda Ann ISROW, Plaintiff, v. "A MODO MIO," A 57' AZIMUT SPAAVIGLIANA PLEASURE VESSEL, OFFICIAL # D1060003, Robert Kehrig and Rosalie Kehrig, jointly and severally, Defendants. No. 99-CV-75270-DT. United States District Court, E.D. Michigan, Southern Division. August 9, 2000. *642 George T. Fishback, Det., MI, Bruce Beaton, Marine City, MI, for plaintiff. Thomas M. Liz...
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111 F. Supp. 2d 1326 (2000) William TENNANT, Plaintiff, v. State of FLORIDA, Florida Department of Law Enforcement, and City of Miami Beach, a political subdivision of the State of Florida, Defendants. No. 98-1043-CIV-GOLD. United States District Court, S.D. Florida. January 13, 2000. *1327 Arthur Tifford, Miami, FL, for plaintiff. Elizabeth Rodriguez, Peter J. Oppenheimer, Kubicki Draper, Miami,...
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120 F.Supp.2d 23 (2000) AMERICAN MINING CONGRESS, et al., Plaintiffs, v. U.S. ARMY CORPS OF ENGINEERS, et al., Defendants. No. Civ.A. 93-1-754 SSH. United States District Court, District of Columbia. September 13, 2000. *24 Virginia S. Albrecht, Hunton & Williams, Washington, DC, Thomas C. Jackson, Beveridge & Diamond, Washington, DC, for plaintiffs. Eileen T. McDonough, Mary F. Edgar, U....
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112 F. Supp. 2d 580 (2000) NAMAS NOOR SDN BHD v. Carlyle WILLIAMS and Betty Z. Thompson Williams. No. Civ.A. 99-269-B-M2. United States District Court, M.D. Louisiana. September 18, 2000. *581 James J. Brady, Gordon, Arata, McCollam & Duplantis, Baton Rouge, LA, Denis C. Swords, Samuel E. Masur, Gordon, Arata, McCollam & Duplantis, Lafayette, LA, for Namas Noor Sdn Bhd, plaintiff. David K...
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113 F. Supp. 2d 1223 (2000) Lillie Ann DAVIS, Plaintiff, v. Carol M. BROWNER, Administrator U.S. Environmental Protection Agency, Defendant. No. 99 C 7964. United States District Court, N.D. Illinois, Eastern Division. September 19, 2000. *1224 Lillie Ann Davis, Chicago, IL, pro se. Kurt N. Lindland, Assistant U.S. Attorney, Chicago, IL, Lynn N. Donley, Associate Regional Counsel, U.S. Environmen...
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106 F. Supp. 2d 921 (2000) UNITED STATES of America, Plaintiff, v. John L. FUSERO, Defendant. No. 99-50029. United States District Court, E.D. Michigan, Southern Division. June 20, 2000. *922 Robert R. Elsey, Grosse Pointe Park, MI, Federal Defender, Fed. Defender Office, Flint, MI, for John L. Fusero. ORDER DENYING DEFENDANT'S MOTION FOR NEW TRIAL; DENYING DEFENDANT'S MOTION FOR JUDGMENT OF ACQ...
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106 F. Supp. 2d 959 (2000) UNITED STATES of America, Plaintiff, v. Ronald John WEGRZYN, Defendant. No. 1:99-CR-210. United States District Court, W.D. Michigan, Southern Division. May 26, 2000. *960 Paul L. Nelson, Federal Public Defender, Grand Rapids, MI, for Ronald John Wegrzyn. Timothy P. VerHey, U.S. Attorney's Office, Western District of Michigan, Grand Rapids, MI, for U.S. OPINION QUIST, ...
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ORDER This matter is before the Court upon the Reports and Recommendations of the United States Magistrate Judge (doc. nos. 39 and 40), plaintiffs Motions for Review of Reports and Recommendations (doc. nos. 46 and 47) and defendants’ memoran-da in opposition to plaintiffs Motions to Review (doc. nos. 49 and 50). In the Report and Recommendation filed February 23, 2000 (doc. no. 39), the Magi...
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ORDER GRANTING MOTION FOR SUMMARY JUDGMENT THIS CAUSE came before the Court on the defendant’s motion for summary judgment. [DE 57] The plaintiff has responded and the defendant has replied. Oral argument was heard in open court on July 27, 2000. This motion is ripe for adjudication. I. BACKGROUND This is an action brought by plaintiff Andrew C. Sanguinetti (“Sanguinetti”) under Title VII...
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115 F. Supp. 2d 1089 (2000) UNITED STATES of America, Plaintiff, v. The WASHINGTON MINT, LLC.; Suvon Limited Partnership, Novus Marketing, Inc.; Thomas Brokl; Henry Cousineau, III; Scott Jagodzinski; and Damian Topousis, Defendants. Civil No. 99-1768(JRT-FLN). United States District Court, D. Minnesota. September 18, 2000. *1090 *1091 Robyn A Millenacker, Anthony Wayne Brown, U.S. Attorney, Mpls,...
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112 F. Supp. 2d 816 (2000) The WEST BEND COMPANY, Plaintiff, v. CHIAPHUA INDUSTRIES, INC. and Royal Insurance Company of America, Defendants. No. 98-C-567. United States District Court, E.D. Wisconsin. August 29, 2000. *817 *818 L. William Staudenmaier, Stacy C. Gerber Ward, Cook & Franke, Milwaukee, WI, for Plaintiff. James C. Ratzel, Ratzel & Associates, Brookfield, WI, for Defendants. ...
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116 F. Supp. 2d 1077 (2000) Deanna L. BEARD, Plaintiff, v. FLYING J. INC. and Richard Krout, Defendants. No. 3-98-CV-90106. United States District Court, S.D. Iowa, Davenport Division. September 8, 2000. *1078 *1079 *1080 Jeffrey S. Bittner, Davenport, IA, for Plaintiff. Mark A Pihart, Davenport, IA, Jean Dickson Feeney, Davenport, IA, for Defendants. ORDER PRATT, District Judge. Before the Cour...
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113 F.Supp.2d 1367 (2000) Debra LONGEN, Plaintiff, v. FEDERAL EXPRESS CORPORATION, Defendant. No. Civ.99-32-JRT/RLE. United States District Court, D. Minnesota. September 20, 2000. *1368 *1369 Marshall Howard Tanick, Mansfield Tanick & Cohen, Mpls, MN, Ann Marie Bildtsen, Jackson Lewis Schnitzler & Krupman, Mpls, MN, for Debra Longen, plaintiff. Christopher Carlsen, Condon & Forsyth, ...
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ORDER This matter comes before the Court on Plaintiffs Substitute Motion for Class Certification (Docket #64). The Court held a hearing on the class certification motion on November 19, 1999. Based upon a careful review of the record and the relevant authorities, the Court finds that the motion should be denied. I Defendants own and operate over 45,000 miles of fiber-optic cable that forms an e...
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OPINION Plaintiff Feliberto Rivera, Jr. brings this prisoner civil rights action pursuant to 42 U.S.C. §§ 1983, 1985, and 1986, alleging that various officials and employees of the New York State Department of Correctional Services (“DOCS”), as well as the St. Francis Medical Center, violated his rights under the First, Fourth, Fifth, Eighth, and Fourteenth Amendments to the United St...
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113 F. Supp. 2d 262 (2000) Arlene COUSINS, Plaintiff, v. HOWELL CORPORATION, Defendant. No. 3:98CV1945 (GLG). United States District Court, D. Connecticut. September 22, 2000. *263 *264 Daniel H. Kryzanski, Stratford, CT, for Plaintiff. Sheila Anne Denton, Adam J. Cohen, Pullman & Comley, Bridgeport, CT, for Defendant. OPINION GOETTEL, District Judge. Plaintiff, ARLENE COUSINS, has brought t...
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113 F.Supp.2d 983 (2000) Ulysses WALKER v. AIR LIQUIDE AMERICA CORPORATION. No. Civ.A. 00-0119-B-M1. United States District Court, M.D. Louisiana. September 15, 2000. Earl Cyril Reynolds, Chad Frederick Reynolds, Reynolds Law Firm, Baton Rouge, LA, for Ulysses Walker, plaintiff. Deirdre C. McGlinchey, Joan Marie Canny, McGlinchey Stafford, PLLC, New Orleans, LA, Ronald J. Holland, Nancy E. Pritki...
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113 F. Supp. 2d 1041 (2000) UNITED PLUMBING & HEATING CO., INC. A/K/A United Plumbing & Air Conditioning, Homer L. Thomas, John J. Thomas, Sr., Maurice C. Thomas, Jr., Hunter C. Martin, Charlie Bacon, Jr., and Debra L. Thornton, Plaintiffs, v. Larry L. LEWIS, Progressive Leasing, Inc. D/B/A People Lease, People Lease, Inc., Central Mississippi Leasing, Inc., Mid-South Business Services, I...
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ORDER NO 4 On December 23, 1941, after mounting a brave resistance against an overwhelming foe, the small American garrison on Wake Island in the South Pacific surrendered to Imperial Japanese forces. James King, a former United States Marine, was among the troops and civilians taken prisoner by the invaders. He was ultimately shipped to Kyushu, Japan, where he spent the remainder of the ...
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113 F.Supp.2d 1045 (2000) Ronald L. OLEXY, Plaintiff, v. INTERSTATE ASSURANCE COMPANY, Defendant. No. CIV. A. 3:00CV484LN. United States District Court, S.D. Mississippi, Jackson Division. August 25, 2000. Michael E. Earwood, Fox & Earwood, Jackson, MS, for Plaintiff. Robert M. Frey, Mary Margaret Sams, Butler, Snow, O'Mara, Stevens & Cannada, Jackson, MS, for Defendant. *1046 MEMORANDU...
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MEMORANDUM Defendant Teamsters Local 676 (“Local 676” or “the Union”) has filed a Motion for Reconsideration of this Court’s Order denying summary judgment on Plaintiffs claim of aiding and abetting discrimination in violation of the New Jersey Law Against Discrimination (“NJLAD”). Plaintiff, an African-American employee of Defendant T & N Van Service (“T & N”), filed this action afte...
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113 F.Supp.2d 274 (2000) Jacqueline BECK, Plaintiff, v. ALLIANCE FUNDING COMPANY, Superior Bank, FSB, Chris Koulfax, Defendants. No. 3:99 CV 1618(GLG). United States District Court, D. Connecticut. September 22, 2000. Peter Luria, Avon, CT, for Plaintiff. Peter Sterling, Nair & Levin, P.C., Bloomfield, CT, for Defendants. MEMORANDUM DECISION GOETTEL, District Judge. In this action brought un...
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113 F.Supp.2d 1311 (2000) Diane S. BROWN, Plaintiff, v. SOCIETY FOR THE PRESERVATION AND ENCOURAGEMENT OF BARBER SHOP QUARTET SINGING IN AMERICA, INC., Donna Pierce, Frank Santarelli, Darryl Flinn, and Pete McCarville, Defendants. No. CIV. A. 99-C-0826. United States District Court, E.D. Wisconsin. September 22, 2000. *1312 William B. Thompson, Wheaton, IL, David Stewart, Brookfield, WI, for Plai...
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113 F.Supp.2d 1035 (2000) Robert A. MILLER, Plaintiff, v. Matthew S. FULTON and Allstate Insurance Company, Defendants. No. CIV. A. 3:00CV370LN. United States District Court, S.D. Mississippi, Jackson Division. August 7, 2000. *1036 Thomas C. Gerity, Copeland, Cook, Taylor & Bush, Ridgeland, MS, for Plaintiff. John D. Brady, McCoy, Wilkins, Stephens & Tipton, Jackson, MS, William C. Griff...
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MEMORANDUM DECISION The defendants move to dismiss the plaintiffs’ action brought pro se 1 in Connecticut State Court and removed to the federal court by them on diversity grounds. This action results from a terrible tragedy. According to the complaint, Mrs. Greif was stopped on a bicycle on the edge of Route 4 in Farmington, Connecticut when a motor vehicle...
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106 F.Supp.2d 956 (2000) WESTFIELD INSURANCE COMPANY, Plaintiff, v. STONE HARBOR CONSTRUCTION, INC., et al., Defendants. No. 1:00-CV-258. United States District Court, W.D. Michigan, Southern Division. May 15, 2000. *957 Deborah A. Hebert, Cardelli & Hebert, Royal Oak, for Westfield Insurance Company, a foreign corporation, plaintiffs. OPINION QUIST, District Judge. On April 17, 2000, this C...
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110 F.Supp.2d 510 (2000) Rickie EVETT, Individually and as Managing Conservator and Next Friend of Cody Wayne Evett, Plaintiff, v. CONSOLIDATED FREIGHTWAYS CORPORATION, Defendant. No. 3:00-CV-021. United States District Court, E.D. Texas, Paris Division. July 19, 2000. *511 Ed Tiger Smith, Smith and Butler, Bonham, TX, Joe N. Boudreaux, Foreman, Boudreaux, Smith and Johnson, Dallas, TX, for Plain...
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ORDER DENYING CONFIRMATION OF FORECLOSURE SALE AND REFERRING MOTION TO LIFT STAY TO BANKRUPTCY COURT The matter before the Court is whether to confirm the foreclosure sale of Defendant Patricia L. Bishop’s interest in a parcel of real property in view of her filing a voluntary bankruptcy petition under Chapter 13 of Title 11, United States Code, on the morning of the foreclosure sale. Bishop file...
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127 F. Supp. 2d 224 (2000) JUDICIAL WATCH, INC., Plaintiff, v. UNITED STATES DEPARTMENT OF COMMERCE, Defendant. No. CIV. A. 95-133(RCL). United States District Court, District of Columbia. August 21, 2000. Larry Elliot Klayman, Klayman and Assocs., PC, Washington DC, for Plaintiff. Marina Utgoff Braswell, U.S. Attorney's Office, Washington, DC, for Defendant. MEMORANDUM AND ORDER LAMBERTH, Distr...
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107 F. Supp. 2d 949 (2000) Richard BARRETT, Plaintiff, v. Daniel WALLACE, et al., Defendants. No. C-1-99-489. United States District Court, S.D. Ohio, Western Division. July 5, 2000. *950 Kevin W Thornton, Lebanon, OH, for Richard Barrett, plaintiffs. Keith Wendell Anderson, Asst. Prosecuting Attorney, Rachel A Hutzel, Assistant Prosecuting Attorney, Michael Edward Powell, Lebanon, OH, for Daniel...
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MEMORANDUM AND ORDER This matter comes before the court on Third-Party Witness Yah Lin Trie’s Response to the court’s May 25, 2000 Order to Show Cause why he should not be held in contempt for his failure to produce documents at his deposition on March 28-30, 2000 in Washington, D.C. Upon consideration of Mr. Trie’s response to the order to show cause, plaintiff Judicial Watch’s opposition ther...
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ORDER I. BACKGROUND AND PROCEDURAL HISTORY On June 3, 1994, Plaintiff, Susan BreMiller (“BreMiller”), filed a complaint against the Cleveland Psychiatric Institute (“CPI”), now known as Northcoast Behavioral Health Care System; Michael Hogan, Director of the Ohio Department of Mental Health, in his individual capacity (“Hogan”); Sandra Rahe, Acting Medical Executive Officer and CEO of CPI, in h...
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116 F. Supp. 2d 116 (2000) UNITED STATES of America, Plaintiff, v. PHILIP MORRIS INCORPORATED, et al., Defendants. No. CIV.A.99-2496 GK. United States District Court, District of Columbia. September 28, 2000. *117 *118 *119 Sharon Eubanks, Department of Justice, Civil Division, Torts Branch, Washington, DC, for plaintiff. Timothy M. Broas, Winston & Strawn, Washington, DC, Fred W. Reinke, Cli...
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115 F. Supp. 2d 84 (2000) NEW ENGLAND REGIONAL COUNCIL OF CARPENTERS, Plaintiff, v. MASSACHUSETTS PORT AUTHORITY, et al., Defendants. No. Civ.A. 98-12538-DPW. United States District Court, D. Massachusetts. September 15, 2000. *85 Christopher N. Souris, Krakow & Souris, Boston, MA, for New England Regional Council of Carpenters, Plaintiff. Robert J. Cordy, Jason Levy, Steven W. Kaste, McDermo...
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107 F. Supp. 2d 126 (2000) UNITED STATES of America, v. Robert PIERCE, Defendant. No. Crim. 00-40013-NMG. United States District Court, D. Massachusetts. August 2, 2000. *127 James P. Duggan, Botson, MA, for Robert Pierce. David H. Hennessy, Worcester, MA, for U.S. MEMORANDUM AND ORDER GORTON, District Judge. Defendant, Robert Pierce ("Pierce"), seeks review of an order of detention pending tria...
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107 F. Supp. 2d 122 (2000) Marcos. Y. KLEINERMAN, Plaintiff, v. LUXTRON CORP. and H.G. Associates, Defendants. No. Civ.A. 99-40157-NMG. United States District Court, D. Massachusetts. August 2, 2000. John J. Geary, Geary & Tucker, Kingston, MA, for plaintiff. Michael B. Keating, Evan Georgopoulos, Foley, Hoag & Eliot, Boston, MA, for defendant. MEMORANDUM AND ORDER GORTON, District Judge...
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122 F. Supp. 2d 150 (2000) BLUE WATER FISHERMAN'S ASSOCIATION, et al., Plaintiffs, v. Norman MINETA, Defendant. No. Civ.A. 99-2846 RWR. United States District Court, District of Columbia. September 25, 2000. *151 *152 *153 *154 *155 David Earl Frulla, Brand & Frulla, P.C., Washington, D.C., for plaintiffs. Mark A. Brown, Janice M. Schneider, U.S. Department of Justice, Environmental & Nat...
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115 F. Supp. 2d 109 (2000) John BOY, Plaintiff, v. GENERAL ELECTRIC COMPANY, Defendant. No. Civ.A. 98-11770-MEL. United States District Court, D. Massachusetts. September 18, 2000. David B. Stein, Dropkin, Perlman, Leavitt & Rubin, Lexington, MA, for Plaintiff. John Boy, Saugus, MA, pro se. Robert P. Morris, James M. Paulson, Morgan, Brown & Joy, Boston, MA, for Defendant. *110 MEMORAND...
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115 F. Supp. 2d 74 (2000) Jose O. GARCIA, Plaintiff, v. CITY OF BOSTON, Boston Emergency Services Team, New England Medical Medical Center Hospitals, Inc., and John Doe, Defendants. No. Civ.A. 97-12047-MEL. United States District Court, D. Massachusetts. September 15, 2000. *75 William E. Gately, Jr., Law Offices of William E. Gately, Braintree, MA, for Plaintiff. John J. Cloherty, City of Boston...
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115 F. Supp. 2d 484 (2000) Ricardo URDINARAN, M.D., Plaintiff, v. William B. AARONS, Jr., M.D., Francis J. Previti, M.D., Boardwalk Surgery Associates, P.A., Susan Bane, M.D., Atlanatic City Medical Center, John Does 1 Through 50, Inclusive, Fictious Named Defendants, Jointly, Severally, and in the Alternative, Defendants. Civil Action No. 99-00540(JEI). United States District Court, D. New Jerse...
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OPINION AND ORDER Plaintiffs seek to litigate whether a regulation which creates a rebuttable presumption in immigration proceedings that nationals of certain countries, who reside in the United States, would suffer extreme hardship if deported to those countries, denies due process and equal protection of the laws to nationals of another country who argue that they too qualify for that presume...
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OPINION Plaintiffs in these consolidated class action suits assert claims against defendants under §§ 10(b) & 20(a) of the Securities Exchange Act of 1934, 15 U.S.C. §§ 78j(b) & 78t(a), and under Rule 10b-5. The essence of plaintiffs’ complaint is that defendants, who were officers of Northern Telecom Ltd. (“Nortel”) during the class period, made misleading statements over ...
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115 F. Supp. 2d 732 (2000) Debra L. DYER and Michael Dyer, Plaintiffs, v. DANEK MEDICAL, INC. and Richardson Medical Center, Defendants. No. CIV. A. 3:95-CV-0928-L. United States District Court, N.D. Texas, Dallas Division. September 26, 2000. *733 *734 Daniel E. Becnel, Jr., Becnel, Landry & Becnel, Reserve, LA, turner W. Branch, Branch law Office, Houston, TX, for plaintiffs. *735 Sheree L....
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MEMORANDUM OF DECISION AND ORDER Presently before the Court is a Motion to Dismiss or for Summary Judgment (“Motion for Summary Judgment”) (Docket No. 51) by Defendant Bob Fisher d/b/a Bob Fisher Enterprises. The Court’s July 3, 2000, Memorandum of Decision and Order (“July 3 Order”) (Docket No. 54) details the initial procedural history of this products liability action, which arises out...
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120 F.Supp.2d 523 (2000) FOUR STAR AVIATION, INC., Plaintiff, v. UNITED STATES POSTAL SERVICE, Defendant. No. Civ. 1999-039. District Court, Virgin Islands, St. Thomas Division. September 21, 2000. *524 James L. Derr, St. Thomas, VI, for the plaintiff. Joycelyn Hewlett, Asst. U.S. Attorney, St. Thomas, VI, for the defendant. MEMORANDUM MOORE, District Judge. I. INTRODUCTION This matter is befor...
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113 F.Supp.2d 77 (2000) BIOGEN, INC., Plaintiff, v. BERLEX LABORATORIES, INC., Defendant. Berlex Laboratories, Inc., Plaintiff, v. Biogen, Inc., Defendant. Berlex Laboratories, Inc., Plaintiff, v. Biogen, Inc., Defendant. Nos. C.A. 96-10916-MLW, 96-12487-MLW, 98-11728-MLW. United States District Court, D. Massachusetts. August 15, 2000. As Corrected September 19, 2000. Memorandum Supplementing De...
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120 F.Supp.2d 528 (2000) BERNE CORP. and B & B Corp., Plaintiffs, v. GOVERNMENT OF THE VIRGIN ISLANDS and Roy Martin, Tax Assessor, Defendants. Civ. No. 2000-141. District Court, Virgin Islands, St. Thomas Division. September 21, 2000. *529 *530 James M. Derr, St. Thomas, U.S.V.I., for plaintiffs. Richard M. Prendergast, Wayne G. Anderson, Assistant Attorneys General, St. Thomas, U.S.V.I., fo...
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ORDER Defendant-Appellant Desert Palace, Inc., d/b/a Caesars Palace (“Caesars”) appeals from the July 15, 1998 order of United States Bankruptcy Judge Laura Taylor Swain, (1) granting the motion of Plaintiff-Appellee Vladimir Baumblit for partial summary judgment on the issue of whether Caesars willfully violated the automatic stay provision of the Bankruptcy Code when it referred Mr. Baumbli...
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DECISION AND ENTRY SUSTAINING PLAINTIFFS’ MOTION FOR PRELIMINARY INJUNCTION (DOC. # 2); DEFENDANTS, THEIR EMPLOYEES, AGENTS, SERVANTS PRELIMINARILY ENJOINED FROM ENFORCING ANY PROVISION OF SUBSTITUTE HOUSE BILL 351, PENDING FINAL DECISION ON MERITS; CONFERENCE CALL SET FOR THURSDAY, SEPTEMBER 28, 2000, AT 5:00 P.M., TO DETERMINE FURTHER PROCEDURES TO BE FOLLOWED IN THIS LITIGATION On Dece...
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MEMORANDUM OPINION AND ORDER On September 15, 1994, Gabriel Reyes was shot to death while attempting to evade two armed persons approaching him in his car. The two shooters fled the scene in a van owned and driven by McKinley Jones. Following a joint jury trial with co-defendant Dante Brown, Mr. Jones was convicted of first-degree murder on an accountability theory and of attempted armed robb...
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115 F.Supp.2d 1361 (2000) DELTONA TRANSFORMER CORPORATION, a Florida corporation, d/b/a Deltran, Plaintiff, v. WAL-MART STORES, INC., a Delaware corporation registered to do business in Florida, Defendant. No. 6:99CV-1231-ORL22C. United States District Court, M.D. Florida, Orlando Division. January 11, 2000. *1362 Edward Michael Livingston, Edward M. Livingston, P.A., Winter Park, FL, for plainti...
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115 F. Supp. 2d 1371 (2000) SEGUROS COMMERCIAL AMERICA, Seguros Inbursa, SA, Grupo Nacional Provincial, S.A., Seguros Cigna, S.A., Seguros Tepeyac, SA, Seguros BBV-Probusa, S.A., Seguros Bancomer, S.A. De C.V., Plaintiffs, v. Charles C. HALL, George E. Bernier, Jr., Tim Lavey Automobiles, Inc., Manheim Remarketing Limited Partnership, Greater Orlando Auto Auction, Inc., Florida Auto Auction of Or...
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MEMORANDUM AND ORDER RE: MOTION FOR PRELIMINARY INJUNCTION I. INTRODUCTION AND SUMMARY The 2000 Democratic National Convention is scheduled to take place at the Staples Center, 1111 South Figueroa Street, from August 14 through August 17. For a period of time prior to and after the convention, the Los Angeles Police Department, in conjunction with convention planners, the United...
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110 F.Supp.2d 1282 (2000) Michael GARDNER, an individual, and Bien Licensing Agency, Inc., a California Corporation, Plaintiffs, v. NIKE, INC., an Oregon corporation, and Sony Music Entertainment, Inc., a Delaware corporation, Defendants. No. CV-99-12700 LGB. United States District Court, C.D. California. July 31, 2000. Herbert Hafif, Michael G Dawson, Larry A Sackey, Herbert Hafif Law Offices, C...
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ORDER DENYING DEFENDANTS’ MOTION PURSUANT TO FED.R.CTV. 56 Defendants’ motion for summary judgment came on regularly for hearing before this Court on September 11, 2000. After considering the materials submitted by the parties, argument of counsel, and the case file, the Court DENIES Defendants’ motion. I. Procedural Background Plaintiffs Mario and Irma Migliori filed a complain...
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116 F. Supp. 2d 92 (2000) W.L. MENG, et al., Plaintiffs, v. Bernard L. SCHWARTZ and Loral Space and Communications, Ltd., et al., Defendants. No. Civ. 98-2859(RCL). United States District Court, District of Columbia. September 25, 2000. *93 Larry Elliot Klayman, Klayman & Associates, PC, Washington, DC, for plaintiffs. John Joseph Halloran, Jr., Speiser Krause, Arlington, VA, for Bernard L. S...
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120 F.Supp.2d 45 (2000) In re VITAMINS ANTITRUST LITIGATION. This Document Relates to: All Actions. Nos. Misc. 99-197(TFH), MDL 1285. United States District Court, District of Columbia. September 20, 2000. *46 Jonathan Schiller/David Boies, Boies & Schiller, Washington, DC, Kenneth Adams, Dickstein Shapiro Morin & Oshinsky, LLP, Washington, DC, for plaintiffs. *47 Bruce Montgomery, Arnold...
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MEMORANDUM Before the court for disposition is an appeal from the Bankruptcy Court which calls upon us to determine the correct valuation method for a piece of real estate located in Clarks Summit, Pennsylvania. The appellant is the United States of America, and the appellees/debtors of the bankruptcy are Joseph A. and Phyliss G. Donato. The matter is ripe for disposition having been fully br...
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113 F. Supp. 2d 169 (2000) BOSTON MEDICAL CENTER, Plaintiff, v. SERVICE EMPLOYEES INTERNATIONAL UNION, Local 285, Defendant. No. CIV. A. 99-11663-WGY. United States District Court, D. Massachusetts. September 18, 2000. Arthur P. Menard, Robert S. Steinberg, Menard, Murphy & Walsh, Boston, MA, for Plaintiff. David B. Rome, Pyle, Rome & Lichten, P.C., Boston, MA, for Defendant. MEMORANDUM ...
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113 F. Supp. 2d 181 (2000) Edith BAZILE, Plaintiff, v. Kenneth S. APFEL, Commissioner of the Social Security Administration, Defendant. No. CIV. A. 99-11643-WGY. United States District Court, D. Massachusetts. September 20, 2000. *182 Nancy J. Lorenz, Greater Boston Legal Services, Taramattie Doucette, Greater Boston Legal Services, Boston, MA, for Edith Bazile, Plaintiffs. David S. Mackey, Micha...
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115 F.Supp.2d 116 (2000) KEMPER INSURANCE COMPANIES, INC., Plaintiff, v. FEDERAL EXPRESS CORPORATION & Does (unidentified employees of Federal Express Corporation), Defendants. Civil Action No. 99-11523-DPW. United States District Court, D. Massachusetts. September 20, 2000. *117 *118 Robert J. Gallagher, Liese G. Howarth, Alan J. Howarth, Gallagher & Howarth, P.C., Haydenville, MA, for p...
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MEMORANDUM OPINION AND ORDER Check ‘N Go of Illinois made “payday loans” — short term loans at high annual interest rates of over 500% — to impecunious borrowers, and took as “security” postdated checks due on the debtors’ next payday. The plaintiffs sued for statutory damages under the Truth in Lending Act, 15 U.S.C. § 1601, et seq. (“TILA”) and Regulation Z, 12 C.F.R. §§ ...
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MEMORANDUM OPINION AND ORDER This case presents the question of whether a four-attorney law firm can continue to represent a defendant in a case after hiring a lawyer from plaintiffs law firm who previously represented some of the named plaintiffs in the same lawsuit but claims the lawyer has been effectively screened from the lawsuit. On these facts, I conclude they cannot and grant ...
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115 F.Supp.2d 133 (2000) Karen BAJOWSKI, Plaintiff, v. SYSCO CORPORATION d/b/a Sysco Food Service, Aubrey B. Royal, Daniel W. Moraski, Jr., and John Eisenbeiser, Defendants. No. CIV. A. 99-30093-MAP. United States District Court, D. Massachusetts. September 25, 2000. *134 *135 John F. Dalsey, Springfield, MA, for Karen Bajowski, plaintiff. Robert M. Mack, Morrison, Mahoney & Miller, Springfie...
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113 F.Supp.2d 777 (2000) Dolores ROGAN, Plaintiff, v. GIANT EAGLE, INC., Defendant. No. Civ.A. 99-343ERIE. United States District Court, W.D. Pennsylvania. September 21, 2000. *778 *779 Kenneth W. Wargo, Quinn, Buseck, Leemhuis, Toohey & Kroto, Inc., Erie, PA, for plaintiff. Susan Gromis Flynn, Marcus & Shapira, Pittsburgh, PA, for defendant. *780 MEMORANDUM OPINION COHILL, Senior Distr...
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MEMORANDUM OPINION AND ORDER Defendants Business Discount Plan, Inc. (BDP) and National Marketing Center, Inc. (NMC) move for judgment on the pleadings and summary judgment. Defendants Verification Specialists, Inc. (VSI) and Independent Verification, Inc. (IVI) move to dismiss pursuant to Rule 12(b)(6). Plaintiffs oppose the motions. The motions are adequately briefed and oral argument would not...
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115 F. Supp. 2d 1243 (2000) NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA., Marlwood Commercial Inc., Omega Group Holdings Ltd., Pine Street Investment Ltd., Pinford Portfolio Inc., Helendale Trading Corp., and Telos Finance Ltd., Plaintiffs, v. Viktor KOZENY, Landlocked Shipping Company, Peak House Corporation, and Turnstar Limited, Defendants. Civil Action No. 00-B-383. United States ...
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MEMORANDUM OPINION Now before the Court is respondent’s Motion to Dismiss this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner, a Virginia inmate proceeding pro se, has been informed of the potentially dispositive nature of this motion pursuant to Roseboro v. Garrison, 528 F.2d 309 (4th Cir.1975) and has filed responsive materials. The Court finds the facts and leg...
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113 F.Supp.2d 1306 (2000) Barbara E. LASUSA, Lawrence R. LaSusa, and Michael V. LaSusa, a minor, Plaintiffs, v. LAKE MICHIGAN TRANS-LAKE SHORTCUT, INC. d/b/a Lake Michigan Carferry, Defendant. No. 99-C-1253. United States District Court, E.D. Wisconsin. September 21, 2000. *1307 Lawrence R. LaSusa, Law Offices of Lawrence R. LaSusa, Barrington, IL, for Plaintiffs. Geoffrey M. Herbon, Herbon, McLa...
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ORDER This action arises from the July 19, 1998, grounding of the tug ALLIE-B and her tow, barge ATC 350, which occurred *1302 near Ledbury Reef in Biscayne National Park (the “Park”). The Park extends approximately twenty-six miles, north to south, from the tip of Key Biscayne to Key Largo, Florida, and is home to a rare combination of terrestrial, marine, and amphibious...
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ORDER THIS CAUSE came before the Court upon Plaintiffs Motion to Vacate Arbitration Award. (DE # 1 ) and Defendant’s Motion to Confirm Arbitration Award (DE #13). UPON CONSIDERATION of the Motions and the pertinent portions of the record, and being otherwise fully advised in the premises, the Court enters the following Order. BACKGROUND Claimant, Evelyn Fetcho, (“Defend...
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OPINION Defendant Atlas Turner, Inc. (“Atlas Turner”) has moved pursuant to Local Rule 6.3 for reconsideration and reargument of this Court’s opinion dated May 18, 2000 (the “May 18 Opinion”). Defendant Fibreboard Corporation (“Fibreboard”) seeks an order granting clarification or, in the alternative, reconsideration of that portion of the May 18 Opinion which reaffirmed the Court’s N...
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DECISION AND ORDER Procedural Background Plaintiff, Manuel Cortes, appearing pro se, commenced this action under 42 U.S.C. § 1983. Plaintiff, while an inmate in the custody of the New York State Department of Correctional Services, alleged in his complaint that defendants, who at all relevant times were employed at Orleans Correctional Facility (“Orleans”), failed to provide him with appr...
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DECISION AND ORDER Plaintiff Joshua Liner (“Liner”), proceeding pro se, brings this action under 42 U.S.C. § 1983 claiming violations of various constitutional rights. The Commissioner of the New York Department of Corrections and other state correctional officers and officials (collectively, “Defendants”), have moved to dismiss the complaint for Liner’s failure to exhaust administrative reme...
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DECISION AND ORDER INTRODUCTION Robert Louis Stevenson’s description of marriage as “a field of battle” 1 aptly describes the contractual “marriage” between the parties in this case, who have twice appeared to be headed for “divorce,” only to reconcile at the last moment. They have returned to this court now for the third time, and it appears that this time the breakup...
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DECISION AND ORDER The complaint in this action was originally filed in New York State Supreme Court, Monroe County, in May 1998. The complaint alleges that defendant, New England Insurance Company (“New England”) breached certain duties that it owed to plaintiff, Matthews and Fields Lumber *575 Co., Inc. (sometimes “M & F”), with respect to defendant’s amendme...
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OPINION The government has filed a juvenile information (“information”) against defendant John Doe # 3 (“John Doe”) charging him with ten acts of juvenile delinquency. Now before the court is the government’s motion to transfer defendant for adult criminal prosecution pursuant to the Juvenile Delinquency Act (“JDA”), 18 U.S.C. §§ 5031 et seq. BACKGROUND The charges against John Doe stem fro...
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MEMORANDUM AND ORDER This copyright action raises issues concerning the copyrightability of photographs, the work-for-hire doctrine, joint authorship, and the nature of derivative works. Plaintiff SHL Imaging, Inc. (“SHL”) is owned by professional photographer Steven H. Lindner (“Lindner”). Lindner’s work has been published in The New York Times and Sports Illustrated. (Lindner Aff. ¶...
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OPINION AND ORDER Plaintiffs Marianne Bihari and Bihari Interiors, Inc. (collectively “Bihari”) move to preliminarily enjoin defendants Craig Gross and Yolanda Truglio (collectively “Gross”) from using the names “Bihari” or “Bihari Interiors” in the domain names or metatags of any of their websites (“the Gross websites”), claiming that such use violates the Anticybersquatting Consumer...
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*425 MEMORANDUM AND ORDER Plaintiff Roger Todd Adler, M.D. (“Plaintiff’) commenced this civil rights case alleging that his termination from employment as a resident at Nassau County Medical Center violated state law as well as his constitutionally protected rights to procedural and substantive due process. Presently before the court are the parties’ cross-motions for summary...
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MEMORANDUM-DECISION AND ORDER By its very nature Indian land claim litigation engenders inflamed passions on all sides; perhaps no more so than when the specter is raised, as it is by the present motions to amend, of mass ejectment or eviction of literally thousands of individuals who have been residing on this land for years, and in some instances for generations. Before delving into that highly...
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116 F. Supp. 2d 960 (2000) Douglas ASAD, As Trustee Of The Dean T. Pappas and Bette V. Pappas Irrevocable Life Insurance Trust, Plaintiff, v. HARTFORD LIFE INSURANCE COMPANY, d/b/a ITT Hartford, Defendant. No. 99 C 5612. United States District Court, N.D. Illinois, Eastern Division. September 11, 2000. *961 *962 Kevin Michael O'Brien, Attorney at Law, Chicago, IL, Douglas Alan Willis, Douglas A. ...
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115 F. Supp. 2d 925 (2000) David NELSON and Richard Price, Plaintiffs, v. SOTHEBY'S INC., a New York corporation, Defendant. No. 00C1590. United States District Court, N.D. Illinois, Eastern Division. August 23, 2000. *926 *927 *928 David Nelson, Itasca, IL, plaintiff pro se. Richard D Price, Jr, Itasca, IL, plaintiff pro se. Michael J. Abernathy, Heidi Christine Yernberg Echols, Bell, Boyd &...
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113 F. Supp. 2d 941 (2000) Christopher James BECK, Petitioner, v. Ronald J. ANGELONE, Director of the Virginia Department of Corrections, Respondent. No. CIV. A. 2:99CV855. United States District Court, E.D. Virginia. Norfolk Division. September 27, 2000. *942 *943 *944 Andrew A. Protogyrou, Protogyrou & Rigney, Monticello Arcade, VA, Douglas Fredericks, Norfolk, VA, for Petitioner. Robert Q....
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ENTRY ON MOTIONS FOR SUMMARY JUDGMENT Like many employers in recent years, defendant Onan Corporation converted its defined benefit retirement plan to a design *815 known as a “cash balance” design. In this case, Onan employees and retirees have raised a claim of age discrimination that could result in a finding that cash balance plans are essentially per.se illega...
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116 F. Supp. 2d 131 (2000) UNITED STATES of America, Plaintiff, v. PHILIP MORRIS INCORPORATED, et al., Defendants. No. CIV.A.99-2496 GK. United States District Court, District of Columbia. September 28, 2000. *132 *133 J. Patrick Glynn, Sharon Y. Eubanks, Department of Justice Civil Division/Torts Branch, Washington, DC, David W. Ogden, Acting Asst. Atty. Gen., William Schultz, Thomas J. Perrelli...
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OPINION ON DEFENDANT’S MOTION FOR SUMMARY JUDGMENT AND PLAINTIFF’S CROSS MOTION FOR SUMMARY JUDGMENT Presently before this Court, pursuant to the Employee Retirement Income Security Act of 1974 (hereinafter “ERISA”), 29 U.S.C. §§ 1132(e)(1), as well as 28 U.S.C. § 1446(a) (removal statute) and 28 U.S.C. § 1331 (federal question jurisdiction), is the Motion for Summary Judgment by Defendan...
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OPINION In 1995, CDC Operations, Inc. (“CDCO”), New York Refractive Eye Associates, P.C. (the “P.C.”), and LCA-Vision, Inc. (“LCA”) formed Excimer Associates, LLC, a New York limited liability company, for the purpose of opening a New York City center offering photorefractive keratectomy (“PRK”), a laser eye procedure to correct myopia. The joint venture failed, and these consolidated diversity...
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DECISION AND ORDER In this action pursuant to 42 U.S.C. § 1983, plaintiffs Daniel H. and Hardaway H. have named as defendants in three of their nine claims the St. Dominic’s Home (“St.Dominic’s”), a not-for-profit foster care placement agency, and five of its supervisors and caseworkers (the “St. Dominic Defendants”). The other claims are brought against the City of New York (the “Cit...
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MEMORANDUM — DECISION AND ORDER Presently before the Court is Defendants’ motion to dismiss pursuant to Fed. R.Civ.P. 12(b)(6). For the reasons set forth below, the motion is granted in part and denied in part. I. BACKGROUND Plaintiff filed the instant Complaint on August 5, 1999 pursuant to 42 U.S.C. § 1983 alleging violations of his Eighth and Fourteenth Amendment rights. Plaintiff al...
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MEMORANDUM — DECISION AND ORDER Presently before this Court are Defendant’s motion to dismiss pursuant to Fed R. Civ. P. 12(b)(6) and Plaintiffs cross motion for summary judgment pursuant to Fed.R.Civ.P. 56(a). For the reasons set forth below, Defendant’s motion is *109 GRANTED and Plaintiffs motion is DENIED. I. BACKGROUND Decedent Carl J. Markes, an...
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OPINION In these related cases, plaintiffs 1 are information providers (“IPs”) that produce *472 the recorded “telephone mass announcement” programs accessed by the public through 976 telephone numbers. Plaintiffs allege that defendants NYNEX Corporation and New York Telephone Company (together, “NYTel”) engaged in gross negligence and wilful misconduct in 1990...
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OPINION AND ORDER The basic question presented by defendants’ pending motion to dismiss is whether employees of the New York Stock Exchange who, pursuant to statutory delegation, perform regulatory functions that would otherwise be performed by the Securities and Exchange Commission are entitled to the same immunities from suit to which comparable Commission employees would be entitle...
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MEMORANDUM OPINION AND ORDER Plaintiff Paula Smith (“plaintiff’) brings this action pursuant to the general maritime law against defendant Commodore Cruise Line Limited (“defendant” or “Commodore”) for injuries suffered just prior to boarding defendant’s cruise line while it was moored in Montego Bay, Jamaica. Defendant moves for summary judgment on the grounds that plaintiffs claim was b...
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MEMORANDUM OPINION This is a proceeding under Section 9 of the Federal Arbitration Act (the “Act”) 1 to confirm an arbitration award. Respondent has cross-moved to dismiss the petition principally on the ground that the Court lacks subject matter jurisdiction. The arbitration clauses here at issue neither provide for the entry of judgment confirming awards made pursuant to them nor incorpor...
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OPINION In this federal employment discrimination case, plaintiff Henderson Scott brings suit against his former employer, IBM, alleging, inter alia, that IBM discriminated against him on the basis of his race, age, and disability in contravention of Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA), the Americans With Disabilities Act (ADA), 42 U.S.C. §...
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OPINION On September 25, 2000, this case came before the Court for jury trial. At the conclusion of Plaintiff-Trustee Demcyzk’s case, Defendant Lesh, Casner & Miller, L.P.A. (“Lesh, Casner & Miller”) moved this Court for judgment as a matter of law, pursuant to Rule 50 of the Federal Rules of Civil Procedure. Finding no evidence on which a jury could properly proceed to find a verdict for...
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MEMORANDUM AND ORDER Pending before the court are Defendant Chief J. Garcia’s (“Garcia”) Motion to Dismiss (# 33), Defendant Waller County’s (“Waller”) Motion to Dismiss Plaintiffs Amended Complaint (#36), and Garcia’s Motion for Summary Judgment (# 44). Garcia and Waller seek the dismissal of Plaintiff Alex M. Casanova’s (“Casanova”) claims brought under 42 U.S.C. § 1983 and Texas common law. Ha...
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DECISION AND ORDER Plaintiff Felice Rosen (“Rosen”) brings this action under Section 16(b) of the Securities Exchange Act of 1934 (the “Act”) for disgorgement of short-swing profits allegedly obtained by defendants acting as a group in violation of that section of the Act. Before the Court is defendants’ motion to dismiss, pursuant to Federal Rule of Civil Procedure 12(b)(6), for fail...
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ORDER ON DEFENDANT’S MOTION TO DISMISS & PLAINTIFFS’ MOTION In Limine Plaintiff Pamela Wood (“Wood”) along with her husband, Glenroy Wood, filed claims against Defendant the United States of America under the Federal Tort Claims Act (“FTCA”), 28 U.S.C. § 2671 et seq. Plaintiffs’ claims arise out of injuries Wood sustained while working for an independent contractor at the Naval...
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ORDER ON MOTIONS FOR SUMMARY JUDGMENT This dispute arises out of a confrontation between a mother and her teen-aged daughter. Foul names were exchanged, the mother struck the daughter and made a threat of some sort (the manner and the nature of both the physical contact and the threat are disputed). The episode, or parts of it, occurred in the presence of another child and the grandmother...
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ORDER ON DEFENDANT’S POST-TRIAL MOTION Following a jury verdict finding Defendant Raymond Dismore (“Defendant”) guilty of conspiring to distribute marijuana in excess of 100 kilograms (Count I) and filing false federal tax returns in 1995 and 1996 (Counts II & III), Defendant filed a post-trial motion (Docket # 32). Through his motion, Defendant requests that this Court set aside the verd...
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MEMORANDUM OF DECISION AND ORDER Plaintiff, Darling’s Nissan (“Darling’s”), brings this action against Defendant, Nissan North America, Inc. (“Nissan”), pursu *56 ant to the Maine Motor Vehicle Dealer’s Act, 10 M.R.S.A. §§ 1171-1186. Plaintiff requests: a determination of whether good cause exists to permit Defendant to modify a franchise, an order enjoining any modification to the parties’ f...
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DECISION AND ORDER Plaintiff Barbara Schaffer (“Schaffer”) brings this action under Section 16(b) of the Securities Exchange Act of 1934 (the “Act”) for disgorgement of short-swing profits allegedly obtained by defendants acting as a group in violation of that section of the Act. Three motions for dismissal pursuant to Federal Rule of Civil Procedure 12(b)(6) are presently before the ...
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DECISION AND ORDER Plaintiffs in this action are thirty-seven individual prisoners incarcerated in various facilities operated by New York State’s Department of Correctional Services (“DOCS”). They bring this action under 42 U.S.C. § 1983 for alleged violations of their civil rights arising from separate incidents that occurred at thirteen different DOCS prisons. The unlawful conduct plaintiffs ...
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116 F. Supp. 2d 155 (2000) CONFEDERATED TRIBES OF COOS, LOWER UMPQUA & SIUSLAW INDIANS, Plaintiff, v. Bruce H. BABBITT Secretary United States Department of the Interior, and Kevin Gover, Assistant Secretary for Indian Affairs United States Department of the Interior, Defendants. No. Civ.A. 99-2517(JHG). United States District Court, District of Columbia. September 29, 2000. *156 Dennis Jeffr...
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RULING ON BRISTOL TECHNOLOGY’S MOTION FOR AWARD OF PUNITIVE DAMAGES [DKT. NO. 433] & MOTION FOR PERMANENT INJUNCTION [DKT. NO. 431] Bristol Technology, Inc. (“Bristol”) commenced this action against Microsoft Corp. (“Microsoft”) on August 18, 1998. Its fourteen-count complaint alleged federal and state antitrust claims and other state statutory and common law claims, including violations ...
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Order Granting Motion to Dismiss, Without Prejudice, for Lack of Subject Matter Jurisdiction; Granting 30 Days Leave to Amend (Docket #7) Background On February 28, 2000, plaintiff Gary Provenzano filed a “Complaint for Refund of Illegally Assessed and Collected Taxes” pursuant to 28 U.S.C. § 1341(a)(1) against the United States and the Internal Revenue Service. Plaintiff alleged tha...
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115 F. Supp. 2d 1108 (2000) NORTHLAND INSURANCE COMPANIES, Plaintiff, v. Patrick BLAYLOCK, Defendant. No. 00-308(DSD/JMM). United States District Court, D. Minnesota. September 25, 2000. *1109 *1110 *1111 *1112 *1113 Michael J. McGuire, Raphael T. Wallander, and Rider, Bennett, Egan & Arundel, Minneapolis, MN, counsel for plaintiff. Paul A. Ledford, and Saliterman & Siefferman, Minneapoli...
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116 F. Supp. 2d 13 (2000) McKESSON CORPORATION; Foremost Tehran, Inc.; Foremost Shir, Inc.; Foremost Iran Corporation; and Overseas Private Investment Corporation, Plaintiffs, v. THE ISLAMIC REPUBLIC OF IRAN; Financial Organization for the Expansion of Ownership of Productive Units; National Investment Company of Iran; Industries and Mines Bank; Foundation for the Oppressed; and Sherkat Sahami La...
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109 F. Supp. 2d 834 (2000) Gary BOGGS, Plaintiff, v. UNITED STATES of America, Defendant. No. C-1-99-51. United States District Court, S.D. Ohio, Western Division. June 20, 2000. *835 Gary L Boggs, Loveland, OH, plaintiff pro se. Lydia D Bottome, Todd L Treadway, U.S. Department of Justice, Tax Division, Washington, DC, for USA, Internal Revenue Service, defendants. ORDER HERMAN J. WEBER, Distri...
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MEMORANDUM OPINION AND ORDER Plaintiff Thermal Management, Inc. (“TMI”), filed a two-count complaint against defendant Coactive Aesthetics, Inc. *1030 (“Coactive”), a California corporation, on August 10, 1999. 1 Count I alleges that as a direct and proximate result of defendant defaming plaintiff, plaintiff was forced to defend itself in a counterclaim brought...
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113 F. Supp. 2d 35 (2000) Lakeshia DYSON, personally and as Personal Representative for the Estate of Rico Monroe, Jr., Plaintiff, v. Joseph K. WINFIELD, M.D., Defendant. Lakeshia Dyson, personally and as Personal Representative for the Estate of Rico Monroe, Jr., Plaintiff, v. Pharmacia & Upjohn, Inc., Defendant. Nos. C.A. 97-1665(RCL), C.A. 97-1666(RL). United States District Court, Distric...
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113 F. Supp. 2d 44 (2000) Lakeshia DYSON, personally and as Personal Representative for the Estate of Rico Monroe, Jr., Plaintiff, v. Joseph K. WINFIELD, M.D., Defendant. Lakeshia Dyson, personally and as Personal Representative for the Estate of Rico Monroe, Jr., Plaintiff, v. Pharmacia & Upjohn, Inc., Defendant. Nos. C.A. 97-1665(RCL), C.A. 97-1666(RCL). United States District Court, Distri...
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169 F. Supp. 2d 763 (2000) UNITED STATES of America, Plaintiff, v. Darrell D. BILLHEIMER, et al., Defendants. No. C-3-99-402. United States District Court, S.D. Ohio, Western Division. September 5, 2000. *764 Pamela M. Stanek, United States Attorney's Office, Dayton, OH, Lydia D. Bottome, U.S. Department of Justice, Tax Division, Washington, DC, for plaintiff. Darrell D. Billheimer, Springfield, ...
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MEMORANDUM AND ORDER Now before the Court are two motions, one by the plaintiff and one by defendant Ruth Schofield. The plaintiff moves for a default judgment, and the defendant moves to dismiss the complaint. For the following reasons, the Court denies both motions. BACKGROUND The country of Iran owns real property located at 3003 Massachusetts Avenue, Washington, D.C. Under the current dip...
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MEMORANDUM We here consider another appeal from an order of the United States Bankruptcy *372 Court for the Eastern District of Pennsylvania associated with Bankruptcy No. 99-31799DAS, this one entered in Adversary No. 99-892 in that proceeding. I. Background A. Facts This appeal, and indeed the entire bankruptcy from which it stems, arises ...
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110 F.Supp.2d 1325 (2000) Joseph WASHINGTON, Plaintiff. v. FORT JAMES OPERATING COMPANY, aka James River Paper Company, Inc., Fort James/NW Service Centers, a Virginia corporation, Defendant. No. CIV. 99-1300-JO. United States District Court, D. Oregon. August 7, 2000. *1326 *1327 William N. Later, Steenson Schumann, Portland, OR, for Plaintiff. Edwin A. Harnden, Kurt N. Tandan, Barran Liebman, P...
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MEMORANDUM & ORDER Plaintiff, the United States of America, on behalf of the United States Environmental Protection Agency [collectively “EPA”], brings this civil action against LTV Steel Company, Inc [“LTV”] for various violations of the Clean Air Act, 42 U.S.C. § 7401 et. seq. The EPA originally brought eight claims against LTV; three of those claims were resolved in a partial conse...
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Memorandum of Decision and Order This is, inter alia, a breach of contract action filed by two members of a limited liability company (“LLC”) seeking money damages and an injunction preventing the third member of the LLC and her alleged supporters from destroying the LLC’s business. At the center of the controversy is a bake shop founded by Defendant Kathleen King aptly named “Kathlee...
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DECISION AND ORDER Plaintiff Madeline Brown brings this action against William Henderson, Postmaster General of the United States Postal Service the (“Postal Service”), alleging employment discrimination under Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq., and intentional infliction of emotional distress under New York State common law. The Postal Se...
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DECISION AND ORDER Preliminary Statement Currently before the Court is a motion by defendant Landstar Ranger, Inc. (“Landstar”) for summary judgment. (Docket # 14). Following oral argument of defendant’s motion, the parties indicated that they were pursuing settlement negotiations and asked the Court to postpone decision on the summary judgment motion. Thereafter, the parties adv...
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MEMORANDUM OPINION AND ORDER THIS MATTER comes before the Court for consideration of Defendant’s (“Rhoades”) motion to amend his answer and modify an admission he made in the initial pretrial report (Doc. 20); a motion to intervene filed by John C. Craft (Doe. 26); and Plaintiffs motion for summary judgment (Doc. 31). The Court has reviewed the submissions of the parties and the relevant law. F...
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MEMORANDUM OPINION AND ORDER THIS MATTER is before the Court on Defendants’ Motion to Dismiss Count III of Plaintiffs Complaint, filed June 23, 2000 (Doc. 24). The Court has reviewed the motion, the memoranda submitted by the parties, and the relevant authorities, and finds Defendants’ argument is well taken and, therefore, GRANTS Defendants’ motion to dismiss Count III. ...
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115 F. Supp. 2d 996 (2000) Donald S. KUDLACEK, Plaintiff, v. DBC, INC., d/b/a Specialty Archery Products, and Donald I. Chipman, Defendants, and Robert E. Shoemake and Jessie Morehead, Third-Party Plaintiffs, DBC, Inc., d/b/a Specialty Archery Products, and Donald I. Chipman, Counterclaim Plaintiffs, v. Donald S. Kudlacek, Counterclaim and Third-Party Defendant. No. C 99-3041-MWB. United States D...
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MEMORANDUM OPINION AND ORDER Joe Thomas Swaffar and Sandra Carol Swaffar (Debtors) appeal the February 18, 1998, order of the Bankruptcy Court containing recommended findings holding Debtors in criminal contempt for violating the Bankruptcy Court’s orders of May 23 and June 24, 1996. The Bankruptcy Court further recommended a $10,000.00 fíne against each Debtor aggregating a total fín...
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115 F. Supp. 2d 1204 (2000) Donald C. HENNICK, Plaintiff, v. Christopher BOWLING, Defendant. No. C99-1180L. United States District Court, W.D. Washington, at Seattle. September 14, 2000. *1205 Brady Ralph Johnson, Seattle, WA, Laura B Allen, Favre & Allen, Seattle, WA, for Donald C Hennick, plaintiff. Anne Melani Bremner, Stafford, Frey & Cooper, Seattle, WA, for Christopher Bowling, defe...
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*273 ORDER REVERSING BANKRUPTCY COURT’S JUDGMENT AND REMANDING FOR FURTHER PROCEEDINGS Presently before the Court is the Chapter 7 Trustee’s appeal from the Bankruptcy Court’s final order determining the appropriate level of compensation for a bankruptcy trustee under 11 U.S.C. § 330. For the reasons discussed below, the Court reverses the Bankruptcy Court’s determination of the ...
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115 F.Supp.2d 507 (2000) UNITED STATES of America, v. Edilberto VARGAS, Defendant. No. CRIM. A. 99-764. United States District Court, E.D. Pennsylvania. October 4, 2000. *508 Judson A. Aaron, U.S. Attorney's Office, Philadelphia, PA, for Plaintiff. Defender Association, Defender Association of Philadelphia, Philadelphia, PA, for Defendant. FINDINGS OF FACT AND CONCLUSIONS OF LAW KATZ, Senior Dis...
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MEMORANDUM This is a putative class action, originally filed in the Court of Common Pleas of Philadelphia County and subsequently removed to this court. Plaintiffs allege that defendants, manufacturers of beryllium containing metals in Reading, Berks County, Pennsylvania, negligently introduced respirable beryllium dust, fumes, and particle matter into the environment including the am...
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113 F.Supp.2d 1318 (2000) Gloria WALSTED, Plaintiff, v. WOODBURY COUNTY, IOWA, Defendant. No. C99-4035-MWB. United States District Court, N.D. Iowa, Western Division. September 25, 2000. *1319 *1320 Dennis M. McElwain, Smith & McElwain Law Office, Sioux City, IA, for plaintiff Gloria Walsted. Douglas L. Phillips, Klass, Stoik, Mugan, Villone, Phillips, Orzechowski, Clausen & LaPierre, Sio...
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MEMORANDUM Plaintiff has brought this action under Title VII of the Civil Rights Act of 1964, alleging that she was discriminated against because of her pregnancy. She asserts claims for disparate treatment and constructive discharge. Discovery has been completed, and defendant has moved for summary judgment 1 . The motion will be granted. I. The pertinent facts may be briefly state...
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88 F. Supp. 2d 339 (1999) UNITED STATES of America v. COMPACTION SYSTEMS CORPORATION, et al. Nos. 2:96CV05349, CIV. A. 96-5349 KSH. United States District Court, D. New Jersey. December 2, 1999. Letter-Opinion and Order February 1, 2000. *340 Susan C. Cassell, United States Attorney's Office, Newark, NJ, Brian G. Donohue, United States Department of Justice, Washington, DC, for United States of A...
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107 F. Supp. 2d 615 (2000) Marsha OTTO, et al., Plaintiffs, v. PENNSYLVANIA STATE EDUCATION ASSOCIATION — NEA, et. al, Defendants. No. 1:CV-96-1233. United States District Court, M.D. Pennsylvania. July 3, 2000. *616 Milton L. Chappell, National Right to Work Legal Defense Foundation, Inc., Springfield, VA, W. James Young, Sunbury, PA, for plaintiffs. Milton L. Chappell, National Right to Work Le...
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ORDER Plaintiff brought suit against both the Medical Center of Central Georgia, Inc. (“MCCG”), and University Health Services (“UHS”) under 42 U.S.C. § 1981 and 42 U.S.C. § 2000e et seq. (Title VII of the Civil Rights Act of 1964), alleging racial discrimination in the terms and conditions of her employment, her compensation, failure to promote, and retaliatory discharge. MCCG, the s...
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OPINION & ORDER This matter comes before the Court upon motions by Defendants Ultralife Batteries, Inc. (hereinafter “Ultralife” or the “Company”), Individual Defendants Bruce Jagid, Martin G. Rosansky, Joseph N. Barella, Frederick F. Drulard, Joseph C. Abeles, Arthur M. Lieberman, Richard A. Hansen, and Carl H. Rosner (hereinafter the “Individual Defendants”), and Underwriters Lehman...
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MEMORANDUM OPINION This is a civil action pursuant to 42 U.S.C. § 1395. Plaintiff Bradford Hospital seeks judicial review of a final decision of the Secretary of Health and Human Services denying Plaintiffs request for a rede-termination of its hospital-specific rate as untimely. Presently pending before the Court are cross-motions for summary judgment. For the reasons set forth below...
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OPINION & ORDER This matter comes before the Court on the Motion to Dismiss of Defendant United Air Lines, Inc., pursuant to Federal Rules of Civil Procedure 12(b)(6) and 12(b)(1). Having reviewed the submissions of the parties without oral argument, pursuant to Fed.R.Civ.P. 78, and for the following reasons, this Court will grant Defendant’s Motion to Dismiss. STATEMENT OF FAC...
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MEMORANDUM AND SETTLEMENT APPROVAL ORDER AND FINAL JUDGMENT Before me are class counsel’s petitions for final approval of the settlement agreement, for special incentive awards for class representatives and persons initiating suit, and for attorneys’ fees and reimbursement of costs. On September 15, 2000, I held a hearing on these petitions. I. Background On August 5, 1998, named plaintiffs fil...
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DECISION AND ORDER INTRODUCTION The United States (“Government”) commenced this action against Salvin R. La-Manna (“LaManna”), alleging violations of the False Claims Act (“FCA”), 31 U.S.C. §§ 3729, et seq. The Government now moves for partial summary judgment. For the following reasons, the Government’s motion is granted in part and denied in part. FACTS Defendant was formerly employed...
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OPINION Defendant Donaldson, Lufkin & Jenrette Securities Corporation (“DLJ”) moves for an order dismissing with prejudice the complaint in this action as to DLJ, pursuant to Federal Rule of Civil Procedure 12(b)(5). Plaintiffs AIG Managed Market Neutral Fund, Antaeus Enterprises, Inc., William B. Cook, Equator Investments Limited, GAM Relative Value Strategies, L.P., GAM Relative Value Strateg...
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OPINION Laura Lahey sues Singapore Airlines, Ltd. (“Singapore”) for injuries she sustained when she was assaulted by a fellow passenger on a flight from Singapore to New York City via Amsterdam. She also seeks attorney’s fees. The parties agree that this case is governed by the Warsaw Convention. 1 At the two-day bench trial, plaintiffs case consisted of Lahey’s testimony and several exhi...
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DECISION AND ORDER Procedural Background Plaintiff, Donald Parkinson, appearing pro se and an inmate in the custody of the New York State Department of Corree- *392 tional Services (“DOCS”), commenced this action under 42 U.S.C. § 1983. Plaintiff initially named a number of individuals at Collins Correctional Facility (“Collins”) as defendants: Collins Sup...
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MEMORANDUM AND ORDER Premier Bank, as trustee for the purchasers of industrial revenue bonds issued in 1983 for the construction of four ethanol plants in New Iberia Parish, Louisiana, filed suit against directors, accountants, and attorneys for a group of companies known as the Midwestern Companies. The ethanol plants did not generate sufficient revenues to pay the bonds, and Midwest...
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115 F. Supp. 2d 297 (2000) J.C., by his parents and next friend, Mr. & Mrs. C., Plaintiff, v. REGIONAL SCHOOL DISTRICT NO. 10, Defendant. No. 3:99CV0873 (GLG). United States District Court, D. Connecticut. September 28, 2000. *298 Opinion GOETTEL, District Judge. Plaintiff J.C., by his parents and next friends, Mr. and Mrs. C., brought this action against Defendant Regional School District...
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OPINION AND ORDER This cause is before the Court on Plaintiffs’ Motion to Remand and the Motion of Defendant Warner-Lambert Company (“Warner-Lambert”) to Strike the Affidavit of Calvin Ramsey, M.D. After considering the motions, responses, and all supporting and opposing material, the Court finds that the Motion to Strike is well taken and should be granted. The Motion to Remand is no...
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116 F. Supp. 2d 258 (2000) In re Ivan M. FLORES-AYFFAN No. Civ. 00-1714. United States District Court, D. Puerto Rico. September 20, 2000. BEFORE: Chief Judge LAFFITTE, Judge PEREZ-GIMENEZ, Judge CEREZO, Judge FUSTE, Judge CASELLAS, Judge DOMINGUEZ, and Judge GARCIA-GREGORY. OPINION AND ORDER LAFFITTE, Chief Judge. Before the Court is the disciplinary matter of attorney Ivan M. Flores-Ayffan ("F...
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112 F. Supp. 2d 1251 (2000) Jeff T. CAPRIN and Michele A. Caprin, et al., Plaintiffs, v. SIMON TRANSPORTATION SERVICES, et al., Defendants. No. 2:98-CV-863K. United States District Court, D. Utah, Central Division. September 27, 2000. *1252 *1253 C. Richard Henriksen, Jr., Henriksen & Henriksen, Salt Lake City, UT, Lionel Z. Glancy, Peter A. Binkow, Michael B. Ackerman, Michael Goldberg, Los ...
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115 F. Supp. 2d 284 (2000) Jermaine REESE, Plaintiff, v. Richard GARCIA and Kevin Mingo, Individually and in their Official Capacities as State Police Troopers, Defendants. No. 3:99CV1436 (GLG). United States District Court, D. Connecticut. September 27, 2000. *285 *286 Gary A. Mastronardi, Bridgeport, CT, Matthew J. Broder, Cousins & Johnson, Stamford, CT, for Plaintiff. Stephen Richard Sarn...
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MEMORANDUM OPINION AND ORDER This matter is before the Court on Plaintiffs Motion for Summary Judgment, and Defendant’s Cross Motion for Summary Judgment, pursuant to Federal Rule of Civil Procedure 56. Plaintiff, Nationwide Insurance Company (“Nationwide”), maintains that Defendant, the United States of America, failed to protect Nationwide’s subrogation claim for $31,360.97 in medic...
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116 F. Supp. 2d 971 (2000) Johnnie E. WILLIS, Plaintiff, v. Kenneth APFEL, Commissioner of Social Security, Defendant. No. 99 C 3437. United States District Court, N.D. Illinois, Eastern Division. September 27, 2000. *972 *973 Jan L. Kodner, Jan L. Kodner & Assoc., Chicago, IL, for plaintiff. MEMORANDUM OPINION AND ORDER COAR, District Judge. Johnnie Willis is currently 41 years old. He has ...
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126 F. Supp. 2d 535 (2000) In re ABBOTT LABORATORIES DERIVATIVE SHAREHOLDER LITIGATION. This Document Relates to all Actions. No. 99 C 7246. United States District Court, N.D. Illinois, Eastern Division. September 26, 2000. *536 Robert M. Roseman, Spector, Roseman & Kodroff, P.C., Philadelphia, PA, Jonathon Nachsin, Jonathan Nachsin, P.C., Chicago, IL, Robert P. Frutkin, Savett, Frutkin, Pode...
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OPINION Appellant Wendy Glasgow Brasher, a Chapter 7 debtor, challenges a decision of the United States Bankruptcy Court for the Middle District of Alabama sustaining the appellee bankruptcy trustee’s objection to Brasher’s claim of exemption under § 38-4-8 of Title 38 of the 1975 Code of Alabama for her federal earned-income tax credit refund. This district court’s appellate jurisdiction has b...
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OPINION AND ORDER GRANTING THE PETITION FOR WRIT OF HABEAS CORPUS FOLLOWING REMAND FROM THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT. 1 This matter is before the Court following a remand from the United States Court of Appeals for the Sixth Circuit. On March 25, 1999, the Court granted petitioner a writ of habeas corpus, on the basis that the state trial court g...
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MEMORANDUM OPINION AND ORDER This is an appeal by the claimant-appellant Jerry Krim (“Krim”) from a final ruling of the United States Bankruptcy Court for the Northern District of Illinois, Eastern Division, granting the motion of the debtor-appellee Keck, Mahin, & Cate (“Keck”) to dismiss Krim’s proof of claim and denying his petition for class certification. The principal issues are...
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MEMORANDUM In December 1999, plaintiffs filed a three-count complaint seeking declaratory and injunctive relief under the Federal Advisory Committee Act (FACA), . 5 U.S.CApp. II, et seq. (1972), and the Freedom of Information Act (FOIA), 5 U.S.C. § 552, for claims arising out of the appointment and operation of the Dietary Guidelines Advisory Committee for Year 2000 by the United Stat...
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121 F. Supp. 2d 21 (2000) Daniel P. MURPHY, Plaintiff, v. UNITED STATES of America. No. CIV.A. 99-2729(JR). United States District Court, District of Columbia. September 29, 2000. *22 Roy W. Krieger, Paleos & Krieger, P.C., Washington, DC, for plaintiff. Meredith Manning, Assist. U.S. Atty., Washington, DC, for U.S. MEMORANDUM ROBERTSON, District Judge. In this Federal Tort Claims Act suit, ...
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107 F. Supp. 2d 877 (2000) John MULLANE, Plaintiff, v. Ptl. Charles KASSINGER, et al., Defendants. No. 5:98 CV 2506. United States District Court, N.D. Ohio, Eastern Division. July 13, 2000. *878 Richard L. Henning, Henning & Yost, Massillon, OH, for Plaintiff. Nick Tomino, Reminger & Reminger, Cleveland, OH, James A. Climer, Deborah W. Yue, Mazanec, Raskin & Ryder, Solon, OH, Richard...
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115 F. Supp. 2d 820 (2000) FLINT WARM AIR SUPPLY CO., INC., Plaintiff, v. YORK INTERNATIONAL CORP., Defendant. No. 99-CV-75326-DT. United States District Court, E.D. Michigan, Southern Division. September 29, 2000. John Herman, Ferndale, MI, for plaintiff. Patrick G. Kruse, Bloomfield Hills, MI, Dennis G. Bonucchi, Birmingham, MI, for defendant. OPINION AND ORDER REGARDING THE PARTIES' CROSS-MOT...
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116 F. Supp. 2d 872 (2000) James BIONDO, Plaintiff, v. LIFE INSURANCE COMPANY OF NORTH AMERICA, a subsidiary of Cigna Corporation, Defendant. No. 99-CV-74676-DT. United States District Court, E.D. Michigan, Southern Division. September 29, 2000. *873 Joseph T. Long, Grosse Pointe, MI, for plaintiff. Terry J. Pawlowski, Troy, MI, for defendant. OPINION AND ORDER DENYING PLAINTIFF'S MOTION TO REMA...
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OPINION AND ORDER DISMISSING PETITION FOR WRIT OF HABEAS CORPUS Petitioner Ervin Bell, a state prisoner presently confined at the Ryan Correctional Facility in Detroit, Michigan, has filed a pro se application for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner was convicted of second-degree murder, felony firearm, and resisting and obstructing a police officer following a ju...
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Report and Recommendation The pro se plaintiff, Easton Alfonso Lawson, has filed this instant Complaint against employees of Cornell Corrections, *33 the company which operates the Donald Wyatt Detention Facility, in Central Falls, Rhode Island. The Wyatt Facility housed the plaintiff from January 14, 1998, until December 17, 1998, while he was in the custody of the United States Marshals S...
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MEMORANDUM OPINION AND ORDER Introduction This lawsuit arises under the Beer Brewers and Wholesalers Act, MinmStat. § 325B.01, et seq. The Plaintiffs, as wholesale distributors, seek to prevent Defendant Miller Brewing Company (“Miller”) from terminating the Plaintiffs’ distribution agreements, in addition to other *907 causes of action. Miller, as Counter Claimant, seeks a declaratory ju...
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113 F. Supp. 2d 1020 (2000) MUTUAL ASSURANCE, INC., Plaintiff, v. Joe F. BANKS, II, Tammy K. Banks, Donald E. Doyle, M.D., and Joseph Banks, Defendants. No. CIV. A. 1:98CV485GR. United States District Court, S.D. Mississippi, Southern Division. January 3, 2000. *1021 *1022 Lanny R. Pace, Steen, Reynolds & Dalehite, Jackson, MS, for Mutual Assurance, Inc., plaintiffs. Jack C. Pickett, Kitchens...
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ORDER This cause is before the Court on motion of the United States of America [government] for judicial inquiry [3-1] into possible conflict of interest present in this case, and following a hearing on this issue which was held March 10, 2000. The defendants Bruce G. Carver, Sr., Edmund J. Huguet, Sr., and Roy Kiahnell Smith all are currently represented by Albert Necaise, and all of whom we...
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115 F. Supp. 2d 680 (2000) Richard W. SMITH, Plaintiff, v. The RECTOR AND VISITORS OF THE UNIVERSITY OF VIRGINIA, et al., Defendants. Civil Action No. 3:99CV00064. United States District Court, W.D. Virginia, Charlottesville Division. October 3, 2000. *681 *682 Dane H. Butswinkas, Heidi K. Hubbard, Paul T. Hourihan, Williams & Connolly, Washington, DC, Francis McQuaid Lawrence, Rhonda Quaglia...
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113 F. Supp. 2d 276 (2000) Donna K. ERICSON, Plaintiff, v. CITY OF MERIDEN, Mark G. Zebora, Caroline A. Ware a/k/a Caroline Beitman, and Richard L. Graham, Defendants. No. 3:99CV2143 (GLG). United States District Court, D. Connecticut. September 25, 2000. *277 *278 *279 *280 Janis C. Jerman, Hartford, CT, for Donna K. Ericson. Christopher P. Hankins, Corp. Counsel's Office, Meriden, CT, for City ...
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113 F.Supp.2d 1009 (2000) Mary Ella RONSONET, Plaintiff, v. Robert A. CARROLL, Billy Ray Quave, Alex Toricelli, Jr., Individually; Delmar Robinson, Patrick Collins, Liem "Michael" Necaise, Individually and in Their Official Capacities; the Biloxi Housing Authority; Andrew Cuomo, Secretary of Housing and Urban Development, in His Official Capacity; the Department of Housing and Urban Development; ...
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115 F. Supp. 2d 1126 (2000) David EGGE, on behalf of himself and all other persons similarly situated, Plaintiff, v. HEALTHSPAN SERVICES COMPANY d/b/a/ Reliance Recoveries, Defendant. No. Civ. 00-934 ADM/AJB. United States District Court, D. Minnesota. September 28, 2000. *1127 Jordan M. Lewis, Wood R. Foster, Jr., Siegel, Brill, Greupner, Duffy & Foster, P.A., Minneapolis, MN, Mark G. Stephe...
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DECISION AND ORDER INTRODUCTION This is a civil rights action brought pursuant to 42 U.S.C. § 1983. Plaintiff, Anthony Dickerson (“Dickerson”), brought claims of malicious prosecution, false arrest, false imprisonment, and malicious abuse of process against defendants Leon Hill, (“Hill”) of the Monroe County Sher *189 iffs Department, and Allen Dombroski (“Dombroski”...
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115 F. Supp. 2d 993 (2000) Kristin MADDOX, Plaintiff, v. AMERICAN AIRLINES, INC., Defendant. No. 4:00CV00135 HW. United States District Court, E.D. Arkansas, Western Division. September 25, 2000. Jimmy W. Evans, Andrew Piel, Hill Gilstrap, Arlington, TX, Thomas J. Morris, III, Morris & Powell, Ponca City, OK, Matthew H.P. Warner, Graves Warner, PLC, Little Rock, AR, Robert R. Bodoin, Bodoin &...
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OPINION AND ORDER The Official Committee of Unsecured Creditors (the “Committee”) of Commodore International Ltd. (“CIL”) and Commodore Electronics Ltd. (“CEL”) (together “Commodore”) appeal the decision of the Bankruptcy Court for the Southern District of New York, James L. Garrity, Jr., J. The Bankruptcy Court dismissed the Committee’s claims against certain former officers and directors of...
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MEMORANDUM OPINION DENYING THE CITY’S MOTION FOR AN INTERLOCUTORY APPEAL I. Case Background Plaintiff William Campbell, administrator of the estate of Charles Campbell, brought a §§ 1983 and 1985(3) action alleging that in the Village of Dobbs Ferry in Westchester County, an off-duty NYPD officer, assaulted, battered, shot, and killed Charles Campbell, in violation of the Fourth,...
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OPINION The Defendants are charged with numerous offenses arising out of their alleged participation in an international terrorist organization led by Defendant Usama Bin Laden and that organization’s alleged involvement in the August 1998 bombings of the United States Embassies in Nairobi, Kenya and Dar es Salaam, Tanzania. Presently before the Court are Defendant El-Hage’s motions (1) to quash ...
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116 F. Supp. 2d 726 (2000) CENTRAL LOUISIANA ELECTRIC COMPANY, INC. and Southwestern Electric Power Company v. The DOLET HILLS MINING VENTURE, Mining Beteiligungs-GMBH & Co. KG, and Mansfield Mining Company No. Civ.A. 97-0728. United States District Court, W.D. Louisiana, Shreveport Division. March 1, 2000. David R. Taggart, David A. Barlow, Barlow and Hardtner, L.C., Shreveport, LA, for Plai...
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ORDER ON DEFENDANT’S MOTION FOR SUMMARY JUDGMENT Town and Country Motors, the plaintiff, is a Ziebart franchisee that sells rustproofing services. The remaining defendant, a Bill Dodge dealership in Westbrook, 1 sells new and used cars. Apparently some Bill Dodge sales personnel have been discouraging their customers from purchasing aftermarket rustproofing services by saying that rustproofin...
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MEMORANDUM OPINION AND ORDER This matter is on appeal from the decision of the Bankruptcy Court, Honorable J. Wendell Roberts, Judge, reducing the fees of the Debtor’s counsel. Having been fully briefed, this matter now stands ripe for decision. For the following reasons, the decision of the Bankruptcy Court is reversed. STATEMENT OF FACTS Big Rivers Electric Corporation (Big Rivers) fi...
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116 F. Supp. 2d 604 (2000) MCNEIL CONSUMER BRANDS, INC., et al. v. U.S. DENTEK CORPORATION No. Civ.A.00-815. United States District Court, E.D. Pennsylvania. September 22, 2000. *605 M. Kelly Tillery, Leonard, Tillery and Sciolla, Philadelphia, PA, Thomas C. Morrison, Patterson, Belknap, Webb and Tyler, New York City, Gregory C. Dicarlo, Leonard, Tillery & Sciolla, Philadelphia, PA, Marc S. R...
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ORDER DENYING PLAINTIFF’S MOTION TO REMAND I. BACKGROUND This matter stems from an administrative action brought by Plaintiff against Defendant Information Builders, Inc. (“Information Builders”) before the Defendant Texas Workforce Commission (“Commission”) under the Texas Payday Act. See Tex. Labor Code § 61.001 et seq. Plaintiff and Defendant Information Builders bo...
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MEMORANDUM OPINION AND ORDER Before the Court is Plaintiffs’ motion to modify or set aside U.S. Magistrate Judge Shields’ Order granting Plaintiffs permission to communicate with putative class members and denying Defendants motion to restrict the same. Plaintiffs filed their Objections to Magistrate Judge’s Order and Request for Stay on the same day that Magistrate Judge Shields filed his Order,...
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115 F. Supp. 2d 1077 (2000) Ginny GORDON by Sherry GORDON, her Mother and Next Friend, and Sherry Gordon, Individually, Plaintiffs, v. OTTUMWA COMMUNITY SCHOOL DISTRICT and Harold Francis Skinner, Defendants. Civil No. 4-99-cv-30167. United States District Court, S.D. Iowa, Central Division. August 23, 2000. *1078 Michael P Mallaney, Steven H Shindler, Smith Schneider Stiles Hudson Serangeli Mall...
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MEMORANDUM OPINION AND ORDER Before the Court is Defendant’s Motion to Dismiss and in the alternative for Summary Judgment. Having considered these motions, the responses, the briefs of coun *527 sel, the cited authorities and applicable law, the Court finds as follows: FACTUAL BACKGROUND This cause of action arises out of the alleged overcharging by Defenda...
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MEMORANDUM OPINION AND ORDER REGARDING CERTAIN DEFENDANTS’ MOTION TO DISMISS TABLE OF CONTENTS I. INTRODUCTION.803 II. STANDARDS FOR MOTION TO DISMISS.804 III. LEGAL ANALYSIS. 00 o d A. Negligence and Strict Liabilitg Claims. 00 o d 1. Design defect claims. 00 o d a. What test is used in Iowa to determine whether or not a ...
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OPINION In this ERISA case, I uphold the exclusion from coverage under a group accident insurance policy of a death caused in part by intoxication, even though I determine that my review is under a de novo standard. *669 Gordon M. Balthis was employed as a truck driver. He was enrolled through his employer in a group accident insurance policy issued by the defendant, AIG Lif...
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MEMORANDUM Currently before the Court is the motion of the plaintiff, Coastal Mart, Inc. (“Coastal”), to impose sanctions and default judgment against defendant (Document 29), Johnson Auto Repair, Inc. (“Johnson Auto”) and Richard C. Johnson (“Mr.Johnson”) (collectively “defendants”), pursuant to Federal Rule of Civil Procedure 37(d). Defendants have not responded to the motion. This is the sec...
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120 F. Supp. 2d 451 (2000) John Joseph BLASI, Petitioner, v. ATTORNEY GENERAL OF THE COMMONWEALTH OF PENNSYLVANIA, Respondent. No. 4:CV-98-1545. United States District Court, M.D. Pennsylvania. October 2, 2000. *452 *453 *454 *455 *456 Melinda Christina Ghilardi, Assistant Federal Public Defender, Scranton, PA, for petitioner. William P. Malley, Assistant District Attorney, Scranton, PA, for resp...
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MEMORANDUM OPINION AND ORDER This matter is before the Court on appeal from an order of the Bankruptcy Court requiring Big Rivers Electric Corporation to continue interim payments to the Examiner’s counsel. The Court granted leave to appeal from this interlocutory order. [DN 12]. Having been fully briefed, this matter is now ripe for decision. For the following reasons, the order of t...
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*680 MEMORANDUM OPINION AND ORDER This matter is on appeal from an order of the United States Bankruptcy Court for the Western District of Kentucky, Honorable David T. Stosberg, Chief Judge, awarding professional compensation to the Examiner. Big Rivers Electric Corporation (Big Rivers); the United States, on behalf of the Rural Utilities Service of the Department of Agricult...
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*595 ORDER DENYING DEFENDANT’S MOTION FOR STAY OF JUDICIAL PROCEEDINGS I. FACTUAL SUMMARY Some twenty-two months ago, on January 1, 1998, Plaintiffs Higman Marine Services, Inc., Higman Barge Lines, Inc., and Maryland Marine, Inc. (hereinafter “Hig-man” or “Plaintiffs”) and Defendant BP Amoco Chemical Company (“BP Amoco”) entered into a maritime Contract of Af-freightmen...
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MEMORANDUM OPINION AND ORDER Background On January 6, 2000, defendant Masao Fujii sought admission to the United States at O’Hare Airport, presenting what turned out to be a counterfeit Japanese passport. At approximately the time defendant was stopped at the airport, INS officials found three Chinese women trying to destroy their Japanese passports in the airport’s public restroom. The C...
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113 F. Supp. 2d 1229 (2000) OLDE DISCOUNT CORPORATION, Plaintiff, v. Deanna YOUNG, Defendant. Deanna Young, Plaintiff, v. Olde Discount Corporation and NASD Regulation, Inc., Defendant. Nos. 99 C 7842, 99 C 7932. United States District Court, N.D. Illinois, Eastern Division. September 28, 2000. *1230 Erwin Cohn, Charles A. Cohn, Cohn & Cohn, Chicago, IL, of Record for Deanna Young. Ronald P. ...
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ORDER Currently pending before the Court is the Appellee’s motion to dismiss. For the *293reasons that follow, the Appellee’s motion is GRANTED. On May 25, 2000, the Bankruptcy Court entered an Order Overruling the Debtor’s Objection to the Claim of the Internal Revenue Service. It is from this Order which the Appellant appeals. Appellant filed his Notice of Appeal on June 9, 2000. Appellee moves ...
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113 F. Supp. 2d 204 (2000) Sonja OBJIO, Plaintiff, v. UNITED STATES of America, Defendant. No. Civ.A. 99-11239-WGY. United States District Court, D. Massachusetts. September 29, 2000. *205 Patricia M. Connolly, U.S. Atty's Office, Boston, MA, for Defendant. Paul R. Keating, Shafner, Keating and Cuffe, Lynn, MA, for Plaintiff. MEMORANDUM AND ORDER YOUNG, Chief Judge. The plaintiff Sonja Objio ("O...
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MEMORANDUM This matter is before the Court upon the motion of the plaintiff to stay the court’s ruling on the motion of defendant for summary judgment (Doc. No. 16) and upon the objections of the defendant to the production of the written decision of the hearing officer in plaintiffs administrative appeal. The parties have consented to the exercise of plenary authority in this action by a Unite...
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115 F. Supp. 2d 148 (2000) Shawn SPILMAN, Plaintiff, v. MOSBY-YEARBOOK, INC., Defendant. No. Civ.A.98-10934-PBS. United States District Court, D. Massachusetts. September 26, 2000. *149 Ronald M. Davids, Thomas J. Schlesinger, Davids & Schlesinger, L.L.P., Wellesley, MA, for Shawn Spilman, plaintiff. Edward P. Leibensperger, Nutter, McClennen & Fish, Boston, MA, for Mosby-Yearbook, Inc., ...
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116 F. Supp. 2d 217 (2000) UNITED STATES of America, Plaintiff, v. SWISS AMERICAN BANK, LTD., Swiss American National Bank, Swiss American Holding Co. S.A. of Panama, and Inter-Maritime Bank, Geneva, Defendants. No. Civ.A. 97-12811-WGY. United States District Court, D. Massachusetts. September 29, 2000. *218 *219 Irene C. Freidel, Kirkpatrick & Lockhart, Boston, MA, for defendant. Wm. Shaw Mc...
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115 F. Supp. 2d 158 (2000) Theodore TRIGONES, Petitioner, v. Timothy HALL, Superintendent, Massachusetts Correctional Institute — Norfolk, Respondent. No. CV 97-10545-JLT. United States District Court, D. Massachusetts. September 27, 2000. *159 *160 Judith F. Bowman, Bowman, Moos & Hilton, Cambridge, MA, for plaintiff. Theodore Trigones, Gardner, MA, pro se. William J. Meade, Assistant Attorn...
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117 F.Supp.2d 919 (2000) Vickie L. PRICE, Plaintiff, v. HARRAH'S MARYLAND HEIGHTS OPERATING COMPANY, Defendant. No. 4:99 CV 1835 DDN. United States District Court, E.D. Missouri, Eastern Division. August 21, 2000. *920 Steven M. Cohen, Berger and Cohen, Clayton, MO, Adam M. Goffstein, Antoniou and Goffstein, St. Louis, MO, for Vickie L. Price plaintiffs. Jennifer L. Arendes, Valerie M. Davis, Arm...
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117 F. Supp. 2d 467 (2000) Daniel Scott PETRICHKO, Plaintiff, v. David KURTZ, Warden, Gene Berdinere, Deputy Warden, Nicolas Martyak, M.D., and Scott Rizzardi, Correctional Officer, Defendants. No. CIV. A. 98-2790. United States District Court, E.D. Pennsylvania. October 4, 2000. *468 *469 Daniel Scott Petrichko, Albion, PA, pro se. Alan S. Gold, Monaghan & Gold, P.C., Elkins Park, PA, for Ni...
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OPINION AND ORDER (1) DENYING PLAINTIFF’S MOTION FOR INTERIM ATTORNEYS’ FEES; (2) DENYING PLAINTIFF’S MOTION TO FILE A SECOND AMENDED COMPLAINT; (3) DENYING PLAINTIFF’S MOTION TO REINSTATE EQUAL PROTECTION CLAIM; (4) GRANTING IN PART DEFENDANTS’ MOTION ASSERTING LEGAL DEFENSES; AND (5) DISMISSING THE COMPLAINT WITH PREJUDICE AS BARRED BY CLAIM PRECLUSION INTRODUCTION This dispute ove...
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115 F. Supp. 2d 813 (2000) Kermit Eldridge HAYNES, Petitioner, v. Luella BURKE, Respondent. No. 98-CV-73406-DT. United States District Court, E.D. Michigan, Southern Division. August 31, 2000. *814 Susan M. Meinberg, Marla R. McCowan, Michigan State Appellate Defender Office, Detroit, MI, for Petitioner. Kermit Eldridge Haynes, Freeland, MI, pro se. Thomas M. Chambers, Wayne County Prosecutor's O...
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108 F. Supp. 2d 125 (2000) BLUE CROSS OF CALIFORNIA et al., v. SMITHKLINE BEECHAM CLINICAL LABORATORIES, INC. No. 3:97CV1795 AVC. United States District Court, D. Connecticut. March 31, 2000. *126 John Burns Farley, Daniel P. Scapellati, Halloran & Sage, Hartford, CT, Thomas W. Brunner, Laura A. Foggan, C. Russell Clause, Eric Mahr, Nicole Telecki, Kirk J. Nahra, David O. Ferry, Clifford M. S...
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RULING ON THE DEFENDANT’S MOTION FOR SUMMARY JUDGMENT This is a consolidated action for legal and equitable relief in which the plaintiffs, thirty-seven health care insurers, four health care plans, and six individuals, claim that the defendant, SmithKline Beecham *118 Clinical Laboratories, Inc. (SBCL), engaged in, inter alia, fraudulent billing practices. The sec...
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RULING ON THE DEFENDANT’S MOTION TO ENJOIN THE TRUSTMARK ACTION This is a consolidated action for legal and equitable relief transferred to this court by order of the Judicial Panel on Multidistrict Litigation. It is brought by thirty-seven health care insurers, among others, to redress several years of alleged over-billing by the defendant, SmithKline Beecham Clinical Laboratories, I...
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OPINION AND ORDER Defendants Henkel Corporation and Cognis Corporation (“Henkel/Cognis”) have moved for specific enforcement of what they allege is a written settlement agreement between them and plaintiff Horphag Corporation. Horphag manufactures Pycnogenol, a trademarked anti-aging nutritional supplement derived from the bark of French pine trees. Henk-el/Cognis has distributed the prod...
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Memorandum and ORDER Plaintiff James Webb is a New York State prisoner who is serving concurrent terms of twenty-five years to life as a result of his 1997 conviction on multiple counts of rape, sodomy, arson, and robbery. See Certificate of Disposition in People v. Welb. Ind, No. 15200-95, attached as Exh. B to City Def. Motion to Dismiss. Webb now sues Kings Co...
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116 F. Supp. 2d 98 (2000) WORLD WIDE MINERALS LTD., World Wide Resource Finance Inc., Kazuran Corporation, and Nuclear Fuel Resources Corporation, Plaintiffs, v. The REPUBLIC OF KAZAKHSTAHN, The State Committee of the Republic of Kazakhstan on the Management of State Property, The National Atomic Company Kazatomprom, and Nukem, Inc., Defendants. No. 98 CV 1199-RCL. United States District Court, D...
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116 F. Supp. 2d 109 (2000) Thomas and Jean ZEARLEY, individually and as parents and next friends of Ian Zearley, a minor, et al., Plaintiffs, v. Arlene ACKERMAN, et al., Defendants. No. Civ.A. 98-2146RCL. United States District Court, District of Columbia. September 27, 2000. *110 Diana Marjorie Savit, Marvin L. Szymkowicz, Karp, Frosh, Lapidus, Wigodsky & Norwind, PA, Rockville, MD, for plai...
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120 F.Supp.2d 1073 (2000) In re UNSOLICITED LETTERS TO FEDERAL JUDGES. No. 400MC38. United States District Court, S.D. Georgia, Savannah Division. August 7, 2000. ORDER EDENFIELD, District Judge. The attached letter from "Cornelius Daniels" is representative of what the undersigned frequently receives from prisoners and other pro se parties. In it Daniels seeks the Court's legal assistance in de...
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115 F.Supp.2d 668 (2000) Robert WEINSTEIN, et al., Plaintiffs, v. TODD MARINE ENTERPRISES, INC., FRP Industries, Inc., Miller Yacht Sales, Inc., and Marine Unlimited, Inc. Defendants. No. CIV. A. 2:99CV1684. United States District Court, E.D. Virginia, Norfolk Division. October 3, 2000. *669 John Bryan Plumlee, Glen Alton Huff, Huff, Poole & Mahoney, Virginia Beach, VA, for plaintiffs. Michae...
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84 F.Supp.2d 452 (2000) SECURITIES AND EXCHANGE COMMISSION, Plaintiff, v. PRINCETON ECONOMIC INTERNATIONAL LTD., Princeton Global Management Ltd. and Martin A. Armstrong, Defendants. Commodities Futures Trading Commission, Plaintiff, v. Princeton Economic International Ltd., Princeton Global Management Ltd. and Martin A. Armstrong, Defendants. Nos. 99 Civ. 9667, 99 Civ. 9669. United States Distri...
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OPINION OF THE COURT This appeal arose out of an action for divorce. Alexander Allen [“appellant” or “Mr. Allen”] seeks review of the following issues: 1) whether the trial court abused its discretion and committed reversible error by allowing Gertrude Allen [“appellee” or “Mrs. Allen”] to present evidence of Mr. Allen’s fault although her complaint requested a divorce without fault; 2) w...
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116 F. Supp. 2d 745 (2000) EVERGREEN PRESBYTERIAN MINISTRIES, INC., et al., v. Mr. David W. HOOD, Secretary of Louisiana Department of Health and Hospitals. Civil Action Nos. 00-306, 00-461, 00-515 and 00-547. United States District Court, W.D. Louisiana, Lafayette-Opelousas Division. June 14, 2000. *746 *747 Nicholas Gachassin, Jr., Richard A. MacMillan, Gachassin & Hunter, Michael M. Meunie...
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MEMORANDUM OPINION AND ORDER Currently before the court are (1) plaintiffs’ motion to remand and (2) defendants’ motion to dismiss and/or transfer venue to the United States District Court for the Southern District of Indiana. For the following reasons, the court (1) denies plaintiffs’ motion to remand; (2) denies defendants’ motion to dismiss for lack of venue; and (3) grants defenda...
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115 F.Supp.2d 561 (2000) Anthony WILLIAMS, et al., Plaintiff, v. POTOMAC ELECTRIC POWER COMPANY, Defendant. No. Civ. PJM 00-1429. United States District Court, D. Maryland. September 8, 2000. *562 Steven B. Preller, Peter D. Fastow, Troese, Fastow & Preller, Annapolis, MD, Dennis C. Reich, Paul T. Warner, Houston, TX, for Plaintiff. Ralph N. Albright, Jr., Mark A. Srere, Morgan, Lewis & B...
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116 F. Supp. 2d 624 (2000) UNITED STATES of America, Plaintiff, Allegheny County Health Department, Intervenor Plaintiff, Group Against Smog and Pollution, Intervenor Plaintiff, v. LTV STEEL COMPANY, INC., Defendant. No. CIV. A. 98-570. United States District Court, W.D. Pennsylvania. September 29, 2000. *625 Amy Reynolds Hay, U.S. Attorney's Office, Pittsburgh, PA, Daniel E. Boehmcke, U.S. E.P.A...
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MEMORANDUM OPINION AND ORDER In this action for trade dress infringement, unfair competition, and dilution of trade dress, plaintiff Landscape Forms, Inc. (“Landscape”) seeks a judgment permanently enjoining defendant Columbia Cascade Company (“Columbia”) from selling or advertising its Colonnade line of benches- and litter receptacles. Landscape also seeks an award of damages in the amou...
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MEMORANDUM OPINION The case presently before the court falls within the parameters of the False Claims Act [hereinafter FCA], 31 U.S.C. § 3729 et seq., designed by Congress to “... encourage private citizens to help the executive branch deter and redress violations of federal law.” Evan Carminker, The Constitutionality of Qui Tam Actions, 99 Yale L.J. 341, 344 (1989). Under...
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TABLE OF CONTENTS Introduction.333 Procedural Background.334 Findings of Fact.334 I.Layout of the Site and History of Its Ownership-334 II.Subsurface Conditions. ...335 III.History of Solvent Loss During Norton’s Stewardship ...336 *333 A. Norton’s Solvent Usage .336 B. Solvent Related Complaints and Responses.336 IV. Nashua’s Purchase of th...
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113 F. Supp. 2d 1205 (2000) Carolyn WYNACHT, Plaintiff, v. BECKMAN INSTRUMENTS, INC., Defendant. No. 4:98-CV-007. United States District Court, E.D. Tennessee, Winchester Division. September 15, 2000. *1206 G. Thomas Nebel, Nashville, TN, for Plaintiff. J. Randolph Bibb, Jr., Baker, Donelson, Bearman & Caldwell, Nashville, TN, for Defendant. MEMORANDUM AND ORDER EDGAR, Chief Judge. On Januar...
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104 F. Supp. 2d 1357 (2000) Randal MOBLEY, Plaintiff, v. Kenneth APFEL, Commissioner of Social Security, Defendant. No. 3:98-CV-1184-J-HTS. United States District Court, M.D. Florida, Jacksonville Division. June 14, 2000. *1358 Leo B. Hill, Law Office of Leo B. Hill, Orange Park, FL, for plaintiff. Ralph J. Lee, U.S. Attorney's Office, Jacksonville, FL, Susan R. Waldron, U.S. Attorney's Office, T...
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MEMORANDUM OPINION Claimant Alesia Jones filed application January 13, 1997, on behalf of her child Charles E. Jones for surviving benefits based on the record of deceased wage earner Charles E. Ollie. Claimant has been denied benefits at all administrative levels and is presently before this court. The sole issue to be determined is whether Charles E. Jones has the required relationship to C...
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MEMORANDUM OPINION Plaintiff brings this action pursuant to the provisions of section 205(g) of the Social Security Act, [hereinafter the Act], 42 U.S.C. § 405(g), 1 seeking judicial review of a final adverse decision of the Commissioner of Social Security [hereinafter Commissioner]. Plaintiffs second application for a period of disability and disability insurance benefits under sections 21...
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104 F. Supp. 2d 1361 (2000) TIMES PUBLISHING COMPANY, Plaintiff, and Media General Operations, Inc., d/b/a The Tampa Tribune, Intervenor/Plaintiff, v. UNITED STATES DEPARTMENT OF COMMERCE, Defendant. No. 8:99-CV-2100-T-26B. United States District Court, M.D. Florida, Tampa Division. June 28, 2000. *1362 Alison M. Steele, Rahdert, Anderson, McGowan & Steele, P.A., St. Petersburg, FL, for Times...
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116 F. Supp. 2d 557 (2000) Phyllis PENN and Kenneth Penn, Plaintiffs, v. WAL-MART STORES, INC., John Doe, and Jane Roe, Defendants. No. CIV.A. 00-02522 (MLC). United States District Court, D. New Jersey. September 29, 2000. As Amended September 29, 2000. *558 Robert G. Shinn, Woodland, McCoy & Shinn, Manahawkin, NJ, for Plaintiffs Phyllis Penn and Kenneth Penn. Richard David Millet, Millet &a...
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100 F. Supp. 2d 459 (2000) Felipe ELIZONDO, Olivia Elizondo, Angel Elizondo, Marlen Elizondo, Nancy Elizondo, Karina Elizondo, Sarai Elizondo, Veronica Nino and Juan Nieto, Plaintiffs, v. Floyd Joseph PODGORNIAK and Ronald John Podgorniak, individually and d/b/a Podgorniak Farms, Defendants. No. 98-10235. United States District Court, E.D. Michigan, Northern Division. February 11, 2000. Order Gra...
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116 F. Supp. 2d 1159 (2000) ANTOINE L. GARABET, M.D., INC., and, Abraham V. Shammas, M.D., Inc., both doing business as The Laser Eye Center, Plaintiffs, v. AUTONOMOUS TECHNOLOGIES CORPORATION and Summit Technology, Inc., Defendants. No. CV9904692 ABC (SHx). United States District Court, C.D. California, Western Division. September 18, 2000. *1160 Alioto & Alioto, John Alioto, Linda Alioto, M...
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121 F. Supp. 2d 29 (2000) UNITED STATES of America, v. Archibald R. SCHAFFER III, Defendant. No. CR.A. 96-0314(JR). United States District Court, District of Columbia. October 5, 2000. *30 Joseph P. Guichet, Office of Independent Counsel, Alexandria, VA, for U.S. William H. Jeffress, Jr., Miller, Cassidy, Larroca & Lewin, LLP, Washington, DC, Woodson W. Bassett III, Bassett Law Firm, Fayettev...
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115 F. Supp. 2d 1383 (2000) Patricia COLEY, As Administratrix of the Estate of Ronnie Dudley, and individually as sister and personal representative of Ronnie Dudley, deceased, Plaintiff, v. Gloria CASTILLO, M.D., Defendant. No. 5:98-CV-436-2-(WDO). United States District Court, M.D. Georgia, Macon Division. September 29, 2000. Jason K. Priebe, J. Allen Lawson, Macon, GA, Charles E. Cox, Jr., Mac...
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120 F.Supp.2d 729 (2000) In re CONSECO, INC. SECURITIES LITIGATION. and In re Conseco, Inc. Derivative Litigation. Nos. IP 00-585-C-Y/S, IP 00-655-C-Y/S. United States District Court, S.D. Indiana, Indianapolis Division. September 28, 2000. *730 Stephen B. Caplin, Stephen B. Caplin, P.C., Indianapolis, IN. James S. Goldstein, Caplin Park Tousley & McCoy, Indianapolis, IN. Irwin B. Levin, Cohen & ...
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*101 MEMORANDUM OPINION AND ORDER This matter is before the Court on the Appellee’s motion to dismiss. DN 3. Big Rivers Electric Corporation (Big Rivers), the Appellant, filed a response to this motion, DN 7, to which the Appellee replied. DN 11. Therefore, this matter is now ripe for decision. For the following reasons, the motion to dismiss is DENIED. This appeal const...
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MEMORANDUM AND ORDER This case is before the undersigned pursuant to 28 U.S.C. § 636(c) and Rule 73, Federal Rules of Civil Procedure, for all further proceedings, including entry of judgment [see Doc. 8]. The motion for summary judgment filed by defendant, John Doe, is currently pending before the court [see Doc. 17], This is an action to recover damages for personal injuries allegedly...
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MEMORANDUM AND ORDER WITH REGARD TO PLAINTIFF’S APPLICATION FOR AN AWARD OF ATTORNEYS’ FEES AND EXPENSES (Docket No. 18) Pursuant to Fed.R.Civ.P. 37(c)(2), F. Michael Joseph (“Plaintiff’) seeks an award of attorney’s fees and expenses incurred in proving the truth of certain matters denied in Courtney Fratar (“Defendant”)’s responses to requests for admission. Rule 37(c)(2) provides as follows:...
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120 F.Supp.2d 802 (2000) UNITED STATES of America, Plaintiff, v. Orville J. BLACK SPOTTED HORSE, Defendant. No. CR 00-30028-RHB. United States District Court, D. South Dakota, Central Division. September 27, 2000. *803 Jay P. Miller, Assistant United States Attorney, Pierre, SD, for Plaintiff. Jana Miner, Assistant Federal Public Defender, Pierre, SD, for Defendant. ORDER ADOPTING MAGISTRATE'S F...
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MEMORANDUM AND ORDER This ERISA 1 case is before the court on two motions for summary judgment filed by the defendant, Fortis Benefits Ins. Co, Inc. One seeks summary judgment based on plaintiffs alleged failure to exhaust her administrative remedies, (Dk.ll), and the other seeks summary judgment on the merits, asserting that the defendant’s decision to deny plaintiff long term...
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MEMORANDUM AND ORDER This is a diversity case in which the plaintiff, Dave Woodard, contends he was terminated from employment as an emergency medical technician (“EMT”) in retaliation for whistle-blowing activities, in violation of the public policy of the State of Kansas. The court’s jurisdiction is based solely upon diversity of citizenship, 28 U.S.C. § 1332, as the plaintiff is now a ...
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116 F. Supp. 2d 1056 (2000) Gerrit H. WIEKAMP, Plaintiff, v. Kenneth S. APFEL, Commissioner of Social Security Administration, in his official capacity, Defendant. No. C99-4083MWB. United States District Court, N.D. Iowa, Western Division. September 29, 2000. *1057 *1058 Dennis J. Mahr, Sioux City, Iowa, for Plaintiff. Martha A. Fagg, Asst. U.S. Atty., Sioux City, Iowa, for Defendant. MEMORANDUM...
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115 F. Supp. 2d 1157 (2000) HIGHLANDER GOLF, INC. and Sun Mountain Sports, Inc., Plaintiffs, v. WAL-MART STORES, INC. d/b/a Sam's Club, Defendant. No. Civ. 00-4024. United States District Court, D. South Dakota, Southern Division. September 27, 2000. *1158 Lee A. Magnuson, R. Alan Peterson, Lynn, Jackson, Shultz & Lebrun, Sioux Falls, SD, for plaintiff. Kristine L. Kreiter, Woods, Fuller, Shu...
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115 F. Supp. 2d 1164 (2000) NORTHWESTERN PUBLIC SERVICE, a division of Northwestern Corporation, f/k/a Northwestern Public Service Company, Plaintiff, v. UNION CARBIDE CORPORATION, Defendant. No. CIV 99-4182. United States District Court, D. South Dakota, Southern Division. September 28, 2000. *1165 Richard O. Gregerson, James E. Moore, Woods, Fuller, Shultz & Smith, Sioux Falls, Russell C. M...
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MEMORANDUM OPINION AND ORDER Defendants, Carlon Electrical Products, Lamson & Sessions, and Oatey Company, have filed a Motion to Exclude the Testimony of two experts who have been retained by Plaintiffs Troy and Patricia Mat-tis. Defendants have also filed a Motion for Summary Judgment which is wholly contingent on their Motion to Exclude Testimony. For the reasons stated belo...
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115 F. Supp. 2d 1172 (2000) Casimer LEBEAU and Vernon Ashley, on behalf of themselves and all other persons similarly situated, Plaintiffs, v. UNITED STATES of America, Defendant. No. Civ. 99-4106. United States District Court, D. South Dakota, Southern Division. September 29, 2000. *1173 John M. Grossenburg, Winner, SD, Charles Rick Johnson, Johnson, Eklund, Nicholson, Peterson & Fox, Gregor...
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115 F. Supp. 2d 1296 (2000) Michelle LARSON, Plaintiff, v. SNOW COLLEGE, Lynn Shiffman, Beckie Taylor, Susan Whiting, Bevin Blackham, Gerald Day, Richard Wheeler, Defendants. No. 2:99CV1009C. United States District Court, D. Utah, Central Division. September 15, 2000. *1297 *1298 *1299 Loren M. Lambert, Midvale, UT, for plaintiff. Peter L Rognlie, Salt Lake City, UT, for defendants. ORDER CAMPBE...
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109 F. Supp. 2d 1162 (2000) In The Matter of The SEARCH OF 6783 EAST SOARING EAGLE WAY SCOTTSDALE, AZ No. 97-3471 MB (LOA). United States District Court, D. Arizona. August 10, 2000. *1163 ORDER ANDERSON, United States Magistrate Judge. This matter arises on Petitioners' Motion To Release Grand Jury Transcript, filed on April 14, 2000. The Government opposes the disclosure to which the interven...
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*1182 MEMORANDUM AND ORDER This is a state quiet title action which was removed to the District Court for the District of Kansas by the defendant United States Department of Treasury on behalf of the Internal Revenue Service (“IRS”). (Dk.8). The IRS moves the court to either dismiss the plaintiffs’ claims against it or to grant summary judgment in the IRS’s favor. (Dk.24). Becaus...
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106 F. Supp. 2d 834 (2000) Lorraine WILLIAMS-GARRETT, Plaintiff, v. Lynn MURPHY, individually and d/b/a Centurion Financial Services, Ltd., Defendant. No. 4:99-1010-23. United States District Court, D. South Carolina, Florence Division. July 19, 2000. *835 *836 Robert T. King, Wilcox, Buyck & Williams, Florence, SC, for plaintiff. Jefferson Boone Aiken, III, Florence, SC, for defendant. ORDE...
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115 F. Supp. 2d 101 (2000) UNITED STATES of America, Plaintiff, v. John DAVIS, Defendant. No. CRIM. 00-10065-PBS. United States District Court, D. Massachusetts. September 15, 2000. *102 Pamela E. Berman, Choate, Hall & Stewart, Pamela E. Berman, Schnader, Harrison, Goldstein & Manello, Boston, MA, for John Davis, Defendants. Ted Heinrich, United States Attorney's Office, Boston, MA, for ...
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116 F. Supp. 2d 269 (2000) August ALMEIDA, Joseph Almonte, Dennis Avila, John Baxter, Bernard George, Charles Caley, William Cambio, Paul Desrochers, James Dunn, Howard Indell, Phillip Lucca, John Mancini,Thomas Marcello, Tobias Martin, Gary Mazzie, Russell Molloy, Dennis Morgan, Lawrence McDonald, John Recupero, John Ricci, Philip Sheridan, Russell Spaight, Theodore Stolaz, Vernon Stromberg, Pet...
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MEMORANDUM AND ORDER I. INTRODUCTION This is a putative class action alleging violations of the Securities Exchange Act of 1934 (“the Exchange Act”) by Security Dynamics Technologies, Incorporated (“Security Dynamics”) and six individual defendants. The plaintiff Lori Fitzer (“Fitzer”), acting on behalf of herself and all others similarly situated, alleges violations of section 10(b)...
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112 F. Supp. 2d 1202 (2000) Gennifer FLOWERS, Plaintiff, v. James CARVILLE, George Stephanopoulos, Little, Brown & Company, Hillary Rodham Clinton, Defendants. No. CV-S-99-1629-PMP LRL. United States District Court, D. Nevada. August 24, 2000. *1203 *1204 *1205 Rex Bell, Bell Lukens Marshall & Kent, Las Vegas, NV, Larry Klayman, Judicial Watch, Inc., Washington, DC, John Lukens, Bell Luke...
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116 F. Supp. 2d 260 (2000) Fred NELSON v. The CITY OF CRANSTON, By and Through its Treasurer, Col. Vincent McATEER, individually and in his capacity as Chief of Police, and Michael Traficante, individually and in his capacity as Mayor of the City of Cranston. No. CIV. A. 97-578ML. United States District Court, D. Rhode Island. April 28, 2000. *261 *262 Edward C. Roy, Jr., Roy & Cook, Providen...
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ORDER This matter is before the Court upon the motion of Defendant, GTE Directories Corp., for judgment as a matter of law pursuant to Fed.R.Civ.P. 50(b) or, in the alternative, for new trial pursuant to Fed.R.Civ.P. 59. The Court, having considered the submissions of the parties, will deny the Defendant’s motion. I. Background Plaintiff, Simon George (the “Plaintiff’), who is African-American,...
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111 F. Supp. 2d 1320 (2000) James FOSTER, Plaintiff, v. PALL AEROPOWER CORPORATION, Defendant. No. 8:99-cv-927-T-26A. United States District Court, M.D. Florida, Tampa Division. August 2, 2000. *1321 John A. Shahan, Law Office of John A. Shahan, Tarpon Springs, FL, for Plaintiff. Richard C. McCrea, Jr., Cynthia L. May, Zinober & McCrea, P.A., Tampa, FL, for Defendant. ORDER LAZZARA, District...
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432 F. Supp. 2d 1024 (2000) BEAR, STEARNS & CO., a Delaware corporation; Bear Stearns Securities Corp., a Delaware corporation; Stephen Ackerman; Barry Ganz; and Mark Seruya, Petitioners, v. John BUEHLER, The Conner Living Trust, Lloyd Connor, Trustee, Jeremiah "Toby" Crowley, Melissa Crowley, Kenny Danielson, Barbara Danielson, Katherine H. Everson, Chester G. Fisher, II, James Fisher, Richa...
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ORDER Before the Court is Creditors Kenneth and Linda Rowe’s appeal from the bankruptcy court’s order granting Debtor William F. Steinberg’s motion to discharge debt. For the reasons stated below, the Court grants Debtor’s motion. I BACKGROUND In 1997 Creditors filed suit against Debtor in state court alleging fraud. On March 23, 1998, a mediation panel found in Creditors’ f...
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115 F. Supp. 2d 885 (2000) Rini DAS, Plaintiff, v. The OHIO STATE UNIVERSITY, Defendant. No. C2-98-0045. United States District Court, S.D. Ohio, Eastern Division. October 4, 2000. *886 Elliot Tod Fishman, Fishman & Fey, Columbus, OH, for Plaintiff. Keith W. Schneider, Columbus, OH, for Defendant. OPINION AND ORDER MARBLEY, District Judge. I. INTRODUCTION This matter is before the Court on ...
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Memorandum and Order This matter is before the court on the plaintiffs motion for partial summary judgment on the issue of damages (Doc. 23) and on the defendant’s motion for summary judgment (Doc. 29). The court finds that oral argument would not assist in deciding the issues presented. I. Facts. For purposes of summary judgment, the court finds no genuine dispute a...
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Memorandum and Order This matter is before the court on the defendant’s motion to dismiss the complaint. The, motion raises a question of “successor liability.” Specifically, the issue, is whether the defendant Klaus Masonry, LLC, can be held responsible for an alleged liability of Klaus Masonry, a sole proprietorship that was owned by George Klaus until his death in 1994. The plaintiff alleg...
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120 F.Supp.2d 33 (2000) NATIONAL ASS'N OF PSYCHIATRIC HEALTH SYS., et al., Plaintiffs, v. Donna E. SHALALA, Secretary, Dep't of Health and Human Servs., Defendant. No. CIV.A. 99-2025 (GK). United States District Court, District of Columbia. September 14, 2000. *34 *35 Laurel Pyke Malson, Robert Phillip Charrow, Crowell & Morning, L.L.P., Washington, DC, for Plaintiffs. Craig M. Blackwell, U.S...
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ORDER This cause comes before the Court on Defendant Zwan’s’ Motion to Dismiss, or in the Alternative, Motion for More Definite Statement and supporting memorandum of law (Dkts. 12 & 13) and Plaintiffs Memorandum in Opposition (Dkt. 19). Plaintiff’s Allegations & Claims for Relief Plaintiff alleges that Defendant Bryan Zwan (“Zwan”) engaged in an earnings management scheme which caused his co...
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MEMORANDUM DECISION AND ORDER DENYING DEFENDANT’S MOTION TO DISMISS ON GROUNDS OF FORUM NON CON-VENIENS This is another in a series of cases brought by Plaintiff International Business Machines (“IBM”) against a former senior executive who left IBM and- collected incentive compensation (in the form of stock options) pursuant to IBM’s 1994 Long Term Performance Plan (“LTPP”). That plan, inter a...
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ORDER AFFIRMING BANKRUPTCY COURT’S AUGUST 26, 1999 TURN OVER ORDER, SEPTEMBER 8, 1999 CONTEMPT ORDER, AND OCTOBER 5, 1999 INCARCERATION ORDER THIS CAUSE is before the court in Case No. 99-2764-CIV-GOLD upon appeal of -the Order Granting Trustee’s Motion to Compel Debtor to Turn Over Trust Res and to Fully Disclose all Trust Transactions and Order to Show Cause Notice Pursuant to...
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MEMORANDUM DECISION AND ORDER AFFIRMING THE PLAN ADMINISTRATOR’S DENIAL OF PLAINTIFF’S APPLICATION FOR SEVERANCE PAY UNDER THE ERISA PLAN AND GRANTING DEFENDANT SUMMARY JUDGMENT Plaintiff Nancy Kosakow sued her former employer, New Rochelle Radiology Associates (the “Practice”), arguing that her termination while on medical leave violated the Family Medical Leave Act (“FMLA”), 29 U.S.C. §...
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MEMORANDUM DECISION AND ORDER GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT AND DENYING PLAINTIFF’S CROSS MOTION FOR SUMMARY JUDGMENT Infertility blights the fives of thousands of American families. Fortunately, mod *320 ern medicine has devised ways that enable some of those who suffer from infertility to conceive biological children and carry them to term. Like so many o...
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MEMORANDUM DECISION AND ORDER DISMISSING ACTION In the recent case of Spoto v. Herkimer County Trust, 2000 WL 533293 *1 (N.D.N.Y. Apr.27, 2000), Judge Howard G. Munson of my sister Court made the following prescient observation: Plaintiffs’ instant action is a superlative example of why some legal minds posit that the civil provisions of [RICO] are the most misused statute...
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MEMORANDUM-DECISION AND ORDER I. Introduction In 1978, Congress passed the Public Utilities Regulatory Policies Act (“PURPA”), 16 U.S.C. § 824a-3, as part of a package of legislation 1 entitled the “National Energy Act.” PURPA was designed to promote long-term economic growth by reducing the nation’s reliance on oil and gas, encourage the development of alternative energy ...
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116 F. Supp. 2d 76 (2000) Mary Louise CUMMINGS, Plaintiff, v. DEPARTMENT OF THE NAVY, Defendant. No. Civ.A. 98-1183(JHG). United States District Court, District of Columbia. September 6, 2000. *77 Eugene R. Fidell, David Patrick Sheldon, Feldesman, Tucker, Leifer, Fidell & Bank, LLP, Washington, DC, for Mary Louise Cummings, plaintiff. Mark E. Nagle, Wilma Antoinette Lewis, Meredith Manning, ...
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108 F.Supp.2d 1062 (2000) Michele HARDEBECK, Plaintiff, v. WARNER-JENKINSON COMPANY, INC., Defendant. No. 4:99CV1506 (MLM). United States District Court, E.D. Missouri, Eastern Division. August 9, 2000. *1063 Thomas B. Hayes, St. Louis, MO, for Michele Hardebeck, plaintiffs. James N. Foster, Jr., Partner, Stephen B. Maule, Mcmahon and Berger, St. Louis, MO, for Warner Jenkinson Company, Inc., def...
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MEMORANDUM DECISION AND ORDER GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT, DENYING DEFENDANT’S CROSS-MOTIONS FOR PARTIAL SUMMARY JUDGMENT ON ISSUES OF LIABILITY AND GRANTING IN PART AND DENYING IN PART DEFENDANT’S CROSS-MOTION FOR PARTIAL SUMMARY JUDGMENT ON THE MEASURE OF DAMAGES Summary Plaintiff Edward Lucente sued International Business Machines Corporation (“IBM”) for p...
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*443 ORDER Plaintiff-Appellant Desert Palace, Inc., d/b/a Caesars Palace (“Caesars”) appeals from the January 20, 1999 decision of United States Bankruptcy Judge Laura Taylor Swain, (In re Baumblit, 229 B.R. 50 (Bkrtcy.E.D.N.Y.1999)), granting the motion of Defendant-Appellee Vladimir Baumblit for summary judgment and denying Caesars’ cross-motion for summary judgment on Caesars’ claim th...
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*460 OPINION Budding Service 32B-J Health, Pension and Annuity Funds (“Funds” or “Plaintiffs”) have moved by order to show cause for a preliminary injunction pursuant to Rule 65, Fed.R.Civ.P., foreclosing defendant Vanderveer Estates Holding, LLC (“Vanderveer” or “Defendant”) from disposing of assets owed to the Funds under a prior arbitration award, for an order of attachmen...
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OPINION AND ORDER Plaintiffs Susan Ackoff-Ortega, Cele Ackoff and Jon Ackoff are relatives of deceased songwriter Robert Ackoff who coauthored the hit tune “Mony, Mony”. Plaintiffs bring this action against defendants Windswept Pacific Entertainment Co. (Inc.) (“Windswept”), EMI Virgin Music, Inc. (“EMI”), and Richard Rosenblatt seeking, among other things, a declaratory judgment that Ack...
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OPINION AND ORDER Plaintiff Delfrieda Jones brings this action against defendants the City of Mount Vernon (the “City”), and the Mount Vernon Department of Public Safety, Bureau of Police and Civil Service Commission pursuant to Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq. and the New York State Human Rights Law, N.Y.Exec.Law § 290 et seq. Plaintiff cla...
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97 F. Supp. 2d 1270 (2000) Willie McNAIR, Petitioner, v. Michael HALEY, Commissioner, Alabama Department of Corrections, Respondent. No. CIV.A.98-T-915-S. United States District Court, M.D. Alabama, Southern Division. May 11, 2000. Supplemental Opinion June 1, 2000. *1271 *1272 Randall S. Susskind, Cathleen I. Price, Equal Justice Initiative of Alabama, Montgomery, AL, for Willie McNair, plaintif...
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107 F.Supp.2d 1359 (2000) Anne HORNFELD, Plaintiff, v. CITY OF NORTH MIAMI BEACH, an Incorporated City in Dade County, Florida, Defendants. No. 98-0580-CIV. United States District Court, S.D. Florida. August 3, 2000. Paul A. Capua, Lorenoz & Capua, Miami, FL, Dorothy F. Easley, Pearson & Mayer, P.A., Coral Gables, FL, for plaintiff. James C. Crosland, Denise Marie Heekin, Muller, Mintz, K...
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126 F. Supp. 2d 1248 (2000) In re MCKESSON HBOC, INC. SECURITIES LITIGATION This Document Relates to All Actions No. C-9920743RMW. United States District Court, N.D. California. September 28, 2000. *1249 *1250 *1251 Leonard Barrack, Gerald J. Rodos, M. Richard Komins, Barrack, Rodos & Bacine, Philadelphia, PA, Max W. Berger, Daniel L. Berger, Rochelle Feder Hansen, Bernstein Litowitz Berger &...
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ORDER Magistrate Robert E. Larsen’s Report and Recommendation to Deny Defendant’s Motion to Suppress Evidence, dated August 23, 2000, is pending before the Court. Defendant Eric L. Mack has filed exceptions and objections. The United States did not file a reply. The Court, after independent review of the record and applicable law, adopts the Magistrate’s findings of fact and conclusions of la...
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115 F. Supp. 2d 262 (2000) GOYA DE PUERTO RICO, INC., Plaintiff, v. Alexis M. HERMAN, Secretary of the U.S. Department of Labor, Defendant. No. CIV. 99-1111(SEC). United States District Court, D. Puerto Rico. September 29, 2000. Angel Muñoz-Noya and Nelson Robles-Diaz, on brief for Goya; Lespier & Muñoz-Noya, San Juan, PR, for Plaintiffs. *263 Marybeth Martin, on brief for defendant; U.S. Dep...
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116 F. Supp. 2d 1015 (2000) UNITED STATES of America, Plaintiff, v. Scott CONANT and Beth Conant, Defendants. United States of America, Plaintiff, v. Steven R. Imig, Defendant. Nos. 99-CR-153, 99-CR-156. United States District Court, E.D. Wisconsin. September 21, 2000. *1016 *1017 *1018 Melvin K. Washington, Assistant U.S. Attorney, Milwaukee, WI, Daniel H. Sanders, Assistant U.S. Attorney, for U...
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OPINION AND ORDER I. INTRODUCTION The Court has before it Plaintiff Rafael Náter’s Motion for Summary Judgment (docket No. 60); Defendant Richard Riley, Secretary of the U.S. Department of Education’s Motion to Dismiss Complaint and for Summary Judgment (docket No. 61); Plaintiff Rafael Náter’s Opposition to Defendant’s motion (docket No. 63); Defendant’s Reply (docket No. 67); a...
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MEMORANDUM OPINION AND ORDER Plaintiff Janel Russell Designs, Inc. is the assignee of a copyright in a “Mother and Child” design that has been incorporated into various pieces of jewelry. Plaintiff brings a claim of copyright infringement against defendant Mendelson & Associates, Inc. for its sales of an allegedly infringing piece of jewelry. This matter is before the Court on ...
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ORDER Before the Court is Debtor/Appellant Kim Allan Sharp’s appeal from an order of *206 the bankruptcy court relating to the disposition of a post-petition bonus. The Court must decide the following issue: did the bankruptcy court commit an error of law when it ruled that a bonus, or portions thereof, given to Debtor by his employer post-petition, which was declared pos...
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115 F.Supp.2d 893 (2000) David M. HATFIELD, et al., Plaintiffs, v. OAK HILL BANKS, et al., Defendants. No. C2-99-835. United States District Court, S.D. Ohio, Eastern Division. October 4, 2000. *894 Kimberly M. Skaggs, Equal Justice Foundation, Columbus, OH, Gary Michael Smith, Equal Justice Foundation, Dover, OH, for Plaintiffs. Donald A. Cox, Jackson, OH, Bruce A. Curry, Jennifer K. Mason, Bara...
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110 F.Supp.2d 353 (2000) Dennis WILLIAMS, Plaintiff, v. Cheryl STURM, Defendant. No. CIV.A. 00-1679. United States District Court, E.D. Pennsylvania. August 17, 2000. *354 *355 Dennis Williams, pro se, for plaintiff. Brendan McGlynn, Michael Burns — Christe, Pabarue, Mortensen — Young, Philadelphia, PA, for defendant. ORDER DuBOIS, District Judge. AND NOW, to wit, this 17th day of August, 2000, ...
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115 F. Supp. 2d 246 (2000) Rafael VÉLEZ CAJIGAS, Plaintiff, v. ORDER OF ST. BENEDICT, Defendant. No. Civ. 98-1335SEC. United States District Court, D. Puerto Rico. September 21, 2000. *247 Roberto O. Maldonado-Nieves, San Juan, PR, for plaintiff. Miriam R. Ramos-Grateroles, Bayamon, PR, for defendant. OPINION AND ORDER CASELLAS, District Judge. Pending before the Court is a motion for summary ju...
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ORDER DENYING DEFENDANTS LEAVE TO AMEND TO PLEAD THE “ECONOMIC LOSS RULE” This matter is before the court on defendants’ Motion for Leave to Amend Answer. The matter was fully briefed by the parties and oral argument on the motion was presented to the court during the hearing on April 25, 2000, at which time argument was also offered as to the issues remanded by the Tenth Circuit in its 1998 appe...
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FINDINGS AND ORDER IN RE CAUSATION This matter is before the court on remand by the United States Court of Appeals for the Tenth Circuit for determination of causation of injury to plaintiff Steiner Corporation (“Steiner”) and the damages, if any, resulting from professional negligence by Defendant Johnson & Higgins (“J & H”). J & H was Steiner’s actuary at relevant times and Donald F. Reeves and...
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ORDER GRANTING MOTIONS FOR SUMMARY JUDGMENT IN RE STATUTE OF LIMITATIONS APPLICABLE TO § 10(b) SECURITIES CLAIMS This matter is before the court on Defendants’ Motion for Summary Judgment in re Immuno-C, and Defendants’ Motion to Dismiss Amended Complaint in re NASDAQ or in the Alternative for Summary Judgment in re NASDAQ. Plaintiff Roman Sterlin is represented by John T. Anderson of And...
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115 F. Supp. 2d 225 (2000) Lisa Gelabert LADENHEIM, Plaintiff, v. AMERICAN AIRLINES, INC., Defendant. No. CIV. 99-1661(HL). United States District Court, D. Puerto Rico. August 28, 2000. *226 Melba N. Rivera-Camacho, Rivera Camacho & Associates, Carolina, Raymond L. Sanchez-Maceira, Santurce, PR, for Lisa Gelabert-Ladenheim, plaintiffs. Angel Castillo, Morgan, Lewis & Bockius, Miami, Fl, ...
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115 F. Supp. 2d 918 (2000) UNITED STATES of America, Plaintiff, v. Paul RAMIREZ and Francisco Moreno, Defendants. No. 00-20053-G/V. United States District Court, W.D. Tennessee, Western Division. September 28, 2000. *919 Thomas L. Parker, Assistant U.S. Attorney, Memphis, TN, for Plaintiff. Doris A. Randle-Holt, Assistant Federal Defender, Memphis, TN, for Defendant Ramirez. Robert C. Brooks, Mem...
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Memorandum and Order Between 1994 and 1998, plaintiff Penny Sobba was employed by Pratt Community College (“PCC”) as a residence hall supervisor, as coach of the school’s men’s and women’s tennis teams, and as an adjunct faculty instructor. In 1998, the small, all-female residence hall that plaintiff had been supervising was closed, and PCC notified plaintiff it was re-assigning her to superv...
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115 F. Supp. 2d 910 (2000) UNITED STATES of America, Plaintiff, v. Clarence PENNINGTON, Defendant. No. 99-20277 D V. United States District Court, W.D. Tennessee, Western Division. September 22, 2000. *911 Thomas A. Colthurst, Assistant U.S. Attorney, Memphis, TN, for Plaintiff. Leslie I. Ballin, Memphis, TN, for Defendant. ORDER ADOPTING REPORT AND RECOMMENDATION AND DENYING OBJECTIONS Donald, ...
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OPINION AND ORDER This case is on appeal from the U.S. Bankruptcy Court for the District of Vermont. On February 8, 2000, Judge Robert L. Krechevsky denied Appellants Nathan and Shannon Wardwell’s (‘Wardwells”) motion to avoid a mechanics lien on their home filed by Appellee Paul Metilly (“Me-tilly”). For the reasons stated below, the Court hereby REVERSES Judge Kre-chevsky’s denial of the motio...
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116 F. Supp. 2d 1098 (2000) Cristin K. GLENN, Plaintiff, v. DIABETES TREATMENT CENTERS OF AMERICA, INC., Defendant. No. CIV. 4-99-CV-30278. United States District Court, S.D. Iowa, Central Division. September 25, 2000. *1099 Randy V. Hefner, Alexander R. Rhoads, Hefner Bergkamp & Rhoads PC, Adel, IA, for Cristin K. Glenn, plaintiffs. Fred L. Morris, Bruce B Graves, Danielle K. Dixon, Brown Wi...
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115 F.Supp.2d 468 (2000) Beth Walter HONADLE, Plaintiff, v. UNIVERSITY OF VERMONT and State Agricultural College, Defendants. No. 2:96-CV-292. United States District Court, D. Vermont. September 20, 2000. *469 Michael Frederick Hanley, Plante, Hanley & Brannen, White River Junction, VT, for Beth Walter Honadle, plaintiffs. Karen McAndrew, Jeffrey James Nolan, Dinse, Knapp & McAndrew, P.C....
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OPINION AND ORDER Merchants Bank appeals from a decision of the United States Bankruptcy Court for the District of Vermont which held that a Debtor’s equity of redemption period is tolled by the automatic stay provision of the Bankruptcy Code, 11 U.S.C. § 362(a), *515 rather than simply extended for 60 days by 11 U.S.C. § 108(b). For the reasons that follow, the bankruptc...
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OPINION and ORDER Plaintiffs Friends of the Earth (“Friends”) sued the United States Forest Service (“The Forest Service,” “USFS”) in federal court alleging that several timber sales on National Forest Land fail to comply with the Rangeland Renewable Resources Planning Act of 1974 (“RPA”), the Multiple-Use Sustained-Yield Act of 1960 (“MUSYA”), the National Forest Management Act (“NFM...
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115 F.Supp.2d 704 (2000) Murphy ASSAVEDO, v. Kenneth S. APFEL, Commissioner of Social Security. Civil Action No. 99-0958. United States District Court, E.D. Louisiana. September 29, 2000. *705 *706 Robert Ellis, Ponchatoula, LA, for plaintiff. *707 Eneid A. Francis, Kathryn Weekley Becnel, U.S. Attorney's Office, New Orleans, LA, for defendant. ORDER AND REASONS MITCHELL, Senior District Judge. ...
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118 F. Supp. 2d 925 (2000) Edward A. BRANSTAD, and Monroe Branstad, Plaintiffs, v. Daniel R. GLICKMAN, Secretary of the United States Department of Agriculture, Defendant. No. COO-3072-MWB. United States District Court, N.D. Iowa, Central Division. September 25, 2000. *926 David L. Phillips, Phillips, McCollum, Kozlowski & Vald, P.L.C., West Des *927 Moines, IA, Thomas A. Lawler, Lawler &...
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109 F.Supp.2d 1144 (2000) MAGELLAN REAL ESTATE INVESTMENT TRUST, Plaintiff, v. Kenneth K. LOSCH, et al., Defendants. No. CIV99-1459-PHX-ROS. United States District Court, D. Arizona. July 28, 2000. *1145 *1146 Don P. Martin, Chesica Gilson Hall, Phoenix, AZ, for Plaintiff. David Eric Rauch, Patricia Lee Refo, Todd Feltus, Snell & Wilmer LLP, Phoenix, AZ, for Defendants. ORDER SILVER, Distric...
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104 F. Supp. 2d 606 (2000) MARKET AMERICA, INC., Plaintiff, v. Ray ROSSI, et al., Defendants. No. 1:97CV00891. United States District Court, M.D. North Carolina. May 12, 2000. *607 Keith W. Vaughan, Womble Carlyle Sandridge & Rice, Winston-Salem, NC, C. Allen Foster, Greenberg Traurig, Washington, DC, H. Grady Barnhill, Jr., Womble Carlyle Sandridge & Rice, Winston-Salem, NC, Pressly McAu...
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109 F.Supp.2d 1045 (2000) Brent L. VANDANACKER and Vickie L. VanDanacker, Plaintiffs, v. MAIN MOTOR SALES CO., Life Investors, Company of America, David A. Lake, Marcia VanValkenberg, Norwest Bank Minnesota, N.A. and John Doe, Defendants. No. 98-1339 DSD/JMM. United States District Court, D. Minnesota. July 18, 2000. *1046 William H. Crowder, Susan C. Bedor, Crowder & Bedor, St. Paul, MN, Ric...
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116 F. Supp. 2d 546 (2000) Jose G. ESPINOZA, and Minnie T. Espinoza, Plaintiffs, and Michael Blanchard, Individually and as Administrator of the Estate of Ross Allen Blanchard, and the Administrator of the Estate of Rene Marie Blanchard, Plaintiff, v. ELI LILLY & COMPANY, Defendant. Nos. 2:99-CV-393, 2:99-CV-256. United States District Court, D. Vermont. July 25, 2000. *547 Arthur P. Anderson...
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MEMORANDUM OPINION AND ORDER THIS MATTER comes before the Court on Plaintiffs’ Motion for Litigation Costs, Including Attorney Fees (Docket No. 24). The Court, having considered the briefs and arguments of the parties, including the supplemental authorities submitted by the parties on September 28, 1999 and March 6, 2000, and being fully advised in the premises, concludes that the mot...
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ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT OF ANTICIPATION INTRODUCTION The issue on defendant’s motion for summary judgment is whether a prior-art patent that discloses a “recipe” for producing transgenic mice, some of which will certainly end up with a particular characteristic and some of which won’t, anticipates claims based on the same recipe but covering only those ...
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DECISION and ORDER Now before the Court are plaintiffs’ objections to a Decision & Order and Report and Recommendation [# 199] of the Honorable Hugh B. Scott, United States Magistrate Judge. For the reasons that follow, that Decision and Order is affirmed in part and modified in part. BACKGROUND The facts of this case have been set forth in several prior decisions of this Co...
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MEMORANDUM AND ORDER Plaintiff Thomas G. Verbeek (“Ver-beek”) commenced this action against defendants Village of Westhampton Beach (“Village”) and various Village trustees, police officers, and counsel pursuant to 42 U.S.C. § 1983, alleging violations of his First Amendment rights to free speech, to free association, and to petition the government for redress of grievances; Fourth Am...
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MEMORANDUM AND ORDER Plaintiffs Francesca and Luigi Farina, individually and as guardians for their minor children Gianluea and Alessio, brought this action against defendant New York City Board of Education, alleging that defendant violated plaintiffs’ rights of religious freedom and equal protection of the law undei; the First and Fourteenth Amendments and 42 U.S.C. § 1983, by refusing ...
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SUPPLEMENTAL FINDINGS OF FACT This Court, having reviewed the record in light of the several opinions of the Court of Appeals for the Second Circuit remanding the case for additional findings of fact on the issue of loss causation, as well as the briefs and proposed findings submitted by the parties, hereby makes the following Supplemental Findings of Fact: 1 I. Plaintiff...
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OPINION & ORDER DENYING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT This matter comes before the Court on Defendants’ motion for summary judgment. Defendants argue that Plaintiffs complaint in this action is barred by the doctrine of res judicata. In Michigan, a second lawsuit is barred where (1) the prior action was decided on the merits; (2) the issues raised in the second case either were resolved...
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*796 MEMORANDUM AND ORDER Eugene Wells, an Indiana prisoner confined at the Maximum Control Facility, submitted a complaint under 42 U.S.C. § 1983, alleging that Correctional Captain George Payne violated the Eighth Amendment’s prohibition against cruel and unusual punishments by using excessive force on him without justification on March 10, 2000. Mr. Wells asserts that Captain Payne beat ...
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116 F. Supp. 2d 776 (2000) Craig WASHINGTON, individually and on behalf of all others similarly situated, Plaintiff, v. PHILLIP/SECO INDUSTRIES, INC., Defendant. No. 1:00-CV-380. United States District Court, E.D. Texas, Beaumont Division. October 10, 2000. John Gerard Werner of Reaud, Law Firm, Beaumont, TX, for Plaintiff. David Israel of McGlinchey & Stafford, New Orleans, LA, Michael J. Tr...
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MEMORANDUM AND ORDER Pending and ripe for resolution in this litigation stemming from the termination of plaintiffs employment by the defendant is plaintiffs second attempt to compel production of discovery in response to his requests for production of documents and interrogatories. The first motion was dismissed, without prejudice, for failure to comply with Local Rule 104.8. (Paper No. 32.) C...
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109 F. Supp. 2d 421 (2000) Melissa Shipe BROWN v. WASHINGTON/BALTIMORE CELLULAR, INC., et al. Majid Matinrazm, et al. v. Washington/Baltimore Cellular Limited Partnership, et al. Nos. CIV. A. DKC 99-3357, 99-3786. United States District Court, D. Maryland, Southern Division. July 20, 2000. *422 John Joseph Beins, Gaviett & Datt, Rockville, Seth D. Goldberg, Seth D. Goldberg, PC, Washington, D...
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*339 MEMORANDUM OPINION AND ORDER This matter comes before the Court on appeal from the Memorandum Opinion and Order entered by the United States Bankruptcy Court for the Eastern District of Virginia on January 18, 2000. For the reasons stated below, the decision of the Bankruptcy Court is AFFIRMED. I. FACTUAL AND PROCEDURAL HISTORY On December 9, 1991, Kurt Kielisch and Jean Kielisch (...
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MEMORANDUM OPINION AND ORDER I. INTRODUCTION This case is before the court on a Motion for Summary Judgment filed by the Defendant, International Paper Company (“IP”) on July 21, 2000. 1 The Plaintiff, James E. Mays (“Mays”), filed his Complaint in this case on October 28,1999. In the Complaint, Mays does not set out separate counts, but instead discusses all...
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116 F. Supp. 2d 821 (2000) Romeo CUELLAR, Leo Perez, Roberto Garcia, and Evelyn Dohrenburg, Plaintiffs, v. CROWN LIFE INSURANCE COMPANY, Defendant. Nos. Civ.A. M-00-068, M-00-098 to M-00-100. United States District Court, S.D. Texas, McAllen Division. September 21, 2000. Michael Stuart Lee, Michael Stuart Lee and Associates, Corpus Christi, TX, Gary F DeShazo, Gary F DeShazo & Associates, Aus...
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115 F. Supp. 2d 1330 (2000) Ron MAYS, Plaintiff, v. LANIER WORLDWIDE, INC., et al., Defendants. No. CIV.A. 97-D-1451-N. United States District Court, M.D. Alabama, Northern Division. September 27, 2000. *1331 *1332 *1333 *1334 Julian L. McPhillips, Jr., Karen Sampson Rodgers, McPhillips, Shinbaum & Gill, Montgomery, AL, for plaintiff. represented by Rodgers. William D. Coleman, Capell & H...
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115 F. Supp. 2d 1350 (2000) George B. JONES, Plaintiff, v. BANKBOSTON, N.A., et al., Defendants. No. Civ.A. 99-0971-CB-C. United States District Court, S.D. Alabama, Southern Division. October 2, 2000. *1351 Scott E. Deacon, Mobile, AL, for plaintiff. Michael Edwin Gabel, Kenneth J. Reimer, Mobile, AL, for defendant. ORDER ON MOTION TO REMAND BUTLER, Chief Judge. This matter is before the Court ...
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122 F. Supp. 2d 1 (2000) Allen WEAVER, et al., Plaintiffs, v. Officer G.S. HANNA, et al., Defendants. No. CIV. A. 99-2615 (JR). United States District Court, District of Columbia. August 15, 2000. *2 Samuel M. Shapiro, Rockville, MD, for Plaintiffs. Robert John Kniaz, Washington Metropolitan Area Transit Authority, Washington, DC, Cheryl Crandall Burke, Akin, Gump, Strauss, Hauer & Feld, L.L....
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MEMORANDUM OPINION The remaining six defendants in this ease are charged with the following: conspiracy to distribute and possess with intent to distribute five kilograms or more of cocaine, fifty grams or more of cocaine base, and one kilogram or more of heroin; continuing criminal enterprise; conspiracy to participate in a racketeer influenced corrupt organization; first degree murd...
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MEMORANDUM OPINION The plaintiff has a farm that is partially financed by loans from the Farm Services Agency (“FSA”), a unit within the United States Department of Agriculture. Fall *29 ing behind on his loan payments, the plaintiff applied for loan servicing — a way for delinquent borrowers to renegotiate their obligations to the government. After a lengthy application ...
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MEMORANDUM OPINION AND ORDER The Court conducted a three-day bench trial on September 12, 13, and 14, 2000, to consider LZT/Filliung Partnership, LLP’s complaint that Cody/Braun & Associates, Inc., infringed its copyright in construction drawings and Cody/Braun’s counterclaim that LZT’s copyright is invalid. The Court has' carefully considered the testimony of the three witnesses who appe...
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MEMORANDUM — DECISION AND ORDER Presently before the Court is Plaintiffs motion for a preliminary and permanent *261 injunction enjoining enforcement of Chapter 190 of the Laws of 2000. 1 For the reasons set forth below, Plaintiffs motion for a permanent injunction is GRANTED and its motion for a preliminary injunction is DENIED as moot. I. Background A.Indian Point Nuclear Power Pl...
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113 F.Supp.2d 870 (2000) John MASIELLO and Craig Sickler, Plaintiffs, v. US AIRWAYS, INC., the International Association of Machinists and Aerospace Workers, Airline Machinists District Lodge 141-M, and Local Lodge 1725, Defendants. No. 3:99CV319-H. United States District Court, W.D. North Carolina, Charlotte Division. September 14, 2000. *871 Philip M. Van Hoy, Van Hoy, Reutlinger & Taylor, ...
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116 F. Supp. 2d 995 (2000) Vernon GRIMES, Plaintiff, v. NORFOLK SOUTHERN RAILWAY COMPANY, and Douglas A. Drewery, Defendants. No. 3:99CV0429 AS. United States District Court, N.D. Indiana, South Bend Division. September 18, 2000. *996 *997 John C. Duffy, Layfayette, IN, for Norfolk. Melanie M. Dunajeski, Julie R. Huble, Hammond, IN, for Douglas Drewery. MEMORANDUM AND ORDER ALLEN SHARP, District...
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115 F. Supp. 2d 936 (2000) Nathaniel JONES-BEY, Plaintiff, v. Ed COHN, Herb Newkirk, Chuck Whalan, Stephen Huckins, and Michael Prevasiee, Defendants. No. 3:98-CV-0484 AS. United States District Court, N.D. Indiana, South Bend Division. September 8, 2000. *937 Nathaniel Jones-Bey, pro se. Janet L. Parsanko, Suzannah B. Wilson, Indiana Atty. General, Indianapolis, IN, for Defendants. MEMORANDUM A...
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126 F. Supp. 2d 543 (2000) FRANCORP, INC., Plaintiff, v. Mark SIEBERT, Mark Siebert & Associates, Inc., also doing business as Siebert & Associates, Inc. and as The iFranchise Group, Inc., Tommy D. Payne, Dan Levy, Laurie Ludes and Judy Janusz, Defendants. No. 00 C 1248. United States District Court, N.D. Illinois, Eastern Division. October 6, 2000. *544 Michael P. Bregenzer, Peterson &am...
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106 F. Supp. 2d 1240 (2000) Kathy Bell PANNELL, Plaintiff, v. AMERICAN HOME PRODUCTS CORPORATION, a corporation or other business entity, Defendant. Civil Action No. 00-G-1203-S. United States District Court, N.D. Alabama, Southern Division. July 19, 2000. Gregory A Johnson, Birmingham, AL, for plaintiff. Maibeth J. Porter, Katharine A. Weber, Marcie E. Paduda, Maynard Cooper & Gale, Birmingh...
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*573 ORDER GRANTING DEFENDANT’S SECOND MOTION FOR SUMMARY JUDGMENT Before the Court are the Second Motion for Summary Judgment, or Alternatively Partial Summary Judgment, of Defendant, United States of America, Acting by and Through Daniel A. Gliekman, Secretary of United States Department of Agriculture, and Brief in Support (docket no. 88), plaintiffs response (docket no. 93), ...
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115 F. Supp. 2d 743 (2000) PUBLIC CITIZEN, INC., Gray Panthers Project Fund, Larry Daves, Larry J. Doherty, Mike Martin, D.J. Powers and Virginia Schramm Plaintiffs, v. Elton BOMER, Secretary of State, Defendant. No. CIV.A.A:00CV218JRN. United States District Court, W.D. Texas, Austin Division. September 26, 2000. *744 Fred I. Lewis, Austin, TX, Alan B. Morrrison, Allison M. Zieve, Public Citizen...
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OPINION In this declaratory judgment action, I hold that the law of Maryland, rather than Virginia, applies to the subject supplier-dealer contracts, and thus the termination of the contracts was valid. I John Deere Construction Equipment Co. (“Deere”) seeks an adjudication of its right to terminate two dealer contracts with Wright Equipment Co., Inc. (“Wright”).1 The contracts, originally entere...
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109 F. Supp. 2d 58 (2000) GENERAL MOTORS ACCEPTANCE CORPORATION, Plaintiff, v. CAMILLERI BROS. CHEVROLET OF HOLYOKE, INC., Camilleri Bros., Inc. d/b/a C & C Subaru, Thomas Camilleri, Richard Camilleri, Individually, Sovereign Bank, Massachusetts Business Development Corporation and the Bank of Western Massachusetts, Defendants. No. Civ.A. 98-40128-NMG. United States District Court, D. Massachuset...
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ORDER This matter is before the Court on Defendants’ motions to dismiss pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. The underlying diversity action seeks damages for injuries suffered by a lessee while staying at Defendants’ beach house. For the reasons discussed below, Defendants’ motions will be granted, and Plaintiffs complaint will be dismissed in its entirety. B...
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*373 OPINION Plaintiffs commenced this action in New York Supreme Court on August 22, 2000 seeking declaratory and rescissory relief as to Defendants’ conduct concerning a 4.21 acre tract of de-dedicated parkland situated inside Yonkers, New York. Defendant City of Yonkers (“the City”)-with the consent of Defendants County of West-chester and Andrew J. Spano, Westchester Coun...
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116 F. Supp. 2d 688 (2000) UNITED STATES of America v. George SLAUGHTER, Defendant. No. 2:99CR10082. United States District Court, W.D. Virginia, Big Stone Gap Division. August 29, 2000. *689 Eric M. Hurt, U.S. Atty.'s Office, Abingdon, VA, for Plaintiff. Barry Lynn Proctor, Abingdon, VA, Joseph F. Hunnicutt, Adkins, Elkins & Hunnicutt, Norton, VA, for Defendant. OPINION AND ORDER JONES, Dis...
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116 F. Supp. 2d 677 (2000) Jeffry NEWTON, American Library Association, American Booksellers Foundation for Free Expression, Association of American Publishers, Inc., American Society of Journalists and Authors, National Associations of College Stores, Joshua Dove, by his next friend and mother, Kathy Hensley, Erin Johnson, by her next friend and father, Bruce Johnson, Chris Dalrymple, by his nex...
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MEMORANDUM OPINION This cause comes to be heard on defendant Cooper Chevrolet, Inc.’s (“Cooper” or “defendant”) Motion to Compel Arbitration or to Stay all Proceedings Including Discovery, filed January 20, 2000. BACKGROUND Plaintiff Georgette Wood (“Wood” or “plaintiff’) purchased a used 1997 Chevrolet Cavalier from Cooper on September 21, 1998. The automobile was manufactured ...
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ORDER OVERRULING DEFENDANT’S OBJECTION TO THE GOVERNMENT’S PROCEEDING BY PROFFER AND DEFENDANT’S MOTION FOR WITNESS STATEMENTS Defendant is charged with Bank Fraud, 18 U.S.C. § 1344. The Defendant made his first appearance in Court pursuant to Federal Rule of Criminal Procedure 5 on September 5, 2000. At the first appearance, the Government moved for detention pursuant to 18 U.S.C. § 3142(f)(2)(A...
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MEMORANDUM ORDER Before the Court is plaintiffs motion to compel, defendants’ opposition, and plaintiffs reply thereto. Plaintiff seeks to compel certain testimony of defendant John J. Sweeney, Chairman of the Board of Trustees of the AFL-CIO Staff Retirement Plan (the *4“Board” or the “Trustees”), and the testimony of either Kathy L. Krieger, counsel to the Staff Retirement Plan (the “Plan”), ...
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115 F. Supp. 2d 496 (2000) Elizabeth A. RIEDER, Plaintiff, v. Kenneth S. APFEL, Commissioner of Social Security Defendant. No. 1:98-CV-608. United States District Court, M.D. Pennsylvania. September 30, 2000. *497 *498 David I. Fallk, Scranton, PA, for Elizabeth A. Reider. Barbara Kosik Whitaker, Assistant U.S. Attorney, Scranton, PA, for Kenneth Apfel. MEMORANDUM MUNLEY, District Judge. Before ...
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ORDER Before this Court is Defendants’ Motion to Dismiss. (Doc. 2). Defendants assert that under Rule 12(b)(6) of the Federal Rules of Civil Procedure, Plaintiff has failed to state a claim upon which relief can be granted. For the reasons stated herein, Defendants’ motion is GRANTED IN PART AND DENIED IN PART. After careful' consideration, this Court finds that all claims for damages...
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MEMORANDUM OPINION Re: Bronnimann Motions Pending before the Court are defendant Roland Bronnimann’s (“Bronnimann”) Motion to Dismiss the Cargill complaint for lack of personal jurisdiction and the Car-gill plaintiffs’ Motion to Compel Roland *64Bronnimann’s testimony.1 Upon careful consideration of the parties’ briefs, the oral arguments presented at the September 13, 2000 hearing, and the ent...
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117 F.Supp.2d 142 (2000) Sukra SHRESTHA, Plaintiff, v. STATE CREDIT ADJUSTMENT BUREAU, INC., Defendant. No. Civ. 3:99CV565 (PCD). United States District Court, D. Connecticut. August 21, 2000. *143 Joanne S. Faulkner, Kennedy & Faulkner, New Haven, CT, for Sukra Shrestha, plaintiff. Laurence P. Nadel, New Haven, CT, for State Credit Adjustment Bureau, Inc., defendant. RULING ON MOTION FOR SU...
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116 F. Supp. 2d 322 (2000) Nicole S. BOLDUC, Plaintiff, v. BRIDGESTONE/FIRESTONE, INC., Defendant. No. Civ. 3:99CV2266(PCD). United States District Court, D. Connecticut. August 21, 2000. *323 Jerry V. Leaphart, Jerry V. Leaphart & Associates, Danbury, CT, for Nicole S. Bolduc, plaintiff. Michael J. Ranallo, Naomi F. Katz, Burke, Weaver & Prell, Chicago, IL, James Scott Rollins, Bingham D...
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116 F. Supp. 2d 316 (2000) Edward L. McCALL, Plaintiff, v. CITY OF DANBURY, Danbury Police Department, Alexander Williams, Julio Lopez, Daniel Casagrande, Constance Shuler, Samuel Deibler, Jose Agosto, Linda Lorenco, Joseph Monroe and Robert Paquette, Defendants. No. Civ. 399CV00968 (PCD). United States District Court, D. Connecticut. August 21, 2000. *317 *318 Jerry V. Leaphart, Jerry V. Leaphar...
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116 F. Supp. 2d 311 (2000) Brenda SHANKS, Plaintiff, v. Calvin WALKER and Doctor's Associates, Inc., Defendants. No. Civ. 3:99CV2504(PCD). United States District Court, D. Connecticut. August 21, 2000. *312 William B. Barnes, Rosenstein & Barnes, Fairfield, CT, for Brenda Shanks. Stephen R. Bellis, Pelligrino Law Firm, New Haven, CT, for Calvin Walker. Calvin Walker, Bridgeport, CT, pro se. K...
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MEMORANDUM Plaintiff Michael Wilson sues his former employer, Globe Specialty Products (“GSP”); his employee disability plan, Globe Specialty Products/Globe Newspaper Co. Employee Disability Plan (“the Plan”); and the Plan’s administrator, The Prudential Insurance Company of America (“Prudential”). Wilson alleges that by limiting his mental-disability benefits to twenty-four months, D...
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106 F.Supp.2d 161 (2000) In re SEGUE SOFTWARE, INC. SECURITIES LITIGATION No. CIV.A. 99-10891-RGS. United States District Court, D. Massachusetts. July 26, 2000. *162 Jeffrey C. Block, Berman, DeValerio & Pease, Boston, MA, Steven Schulman, Milberg, Weiss, Bershad Specthrie & Lerach, Lester L. Levy, Wolf, Popper, Ross, Wolf & Jones, New York, NY, Thomas G. Shapiro, Shapiro, Haber &...
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115 F. Supp. 2d 1322 (2000) Gloria MITCHELL, et al., Plaintiffs, v. GEICO, et al., Defendants. No. CIV.A. 00-D-381-N. United States District Court, M.D. Alabama, Northern Division. June 23, 2000. *1323 Ernest C. Hornsby, Jr., Morris, Haynes & Hornsby, Alexander City, AL, Joe R. Whatley, Jr., Whatley Drake, L.L.C., Birmingham, AL, for plaintiffs. Richard A. Ball, Jr., Ball, Ball, Matthews &...
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MEMORANDUM OPINION On July 24, 2000, this court, reluctantly and with expressed ambivalence, denied the motion of plaintiff, Ryan Hill (“Mr. Hill”), to remand the above-entitled case to the Circuit Court of Jefferson County, Alabama, from whence it had been removed by defendant, Blue Cross Blue Shield of Alabama (“Blue Cross”). This court simultaneously certified the question of its j...
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116 F. Supp. 2d 790 (2000) Jose A. SOLEDAD v. UNITED STATES DEPARTMENT OF TREASURY, Robert E. Rubin, Secretary of the Department of Treasury. No. EP-99-CA-146-DB. United States District Court, W.D. Texas, El Paso Division. October 10, 2000. *791 *792 Antonio V. Silva, Law Offices of Antonio V. Silva, El Paso, TX, for plaintiff. Eduardo R. Castillo, Assistant United States Attorney, El Paso, TX, f...
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124 F. Supp. 2d 1132 (2000) EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, et al., Plaintiffs, v. WOODBRIDGE CORPORATION, Defendant. No. 99-0370-CV-W-4-ECF. United States District Court, W.D. Missouri, Western Division. October 2, 2000. *1133 Barbara A. Seely, Equal Employment Opportunity Commission, St. Louis, MO, Jerry L. Short, U.S. Attorney's Office, Kansas City, MO, for plaintiff. Rowdy B. Meeks, ...
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MEMORANDUM & ORDER This matter is before the Court on the government’s motion to admit the signed statement of Dolores Gay, Government Exhibit 24-D, under Federal Rule of Evidence 807, the residual hearsay exception. Having heard evidence and argument on August 7, 2000, and having admitted the statement, the Court makes the following formal findings under Rule 807. The statement of D...
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MEMORANDUM & ORDER This Memorandum and Order memorializes for the record the court’s findings regarding the evidence offered and admitted under Federal Rule of Evidence 404(b). That evidence, as set forth in the government’s response to defendant’s motion in limine, can be generally described as the KUMC evidence, the Holdcraft investigation evidence, and the tonsillectomy evidence. ...
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MEMORANDUM OPINION AND ORDER This case is before the court sua sponte for reconsideration of the court’s partial denial of Defendant State of Alabama Alcoholic Beverage Control Board’s (“ABC Board”) Motion For Summary Judgment, filed February 1, 2000. In a Memorandum Opinion And Order entered on April 17, 2000, the court granted in part and denied in part the ABC Board’s Mo...
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MEMORANDUM AND ORDER This is a petition for writ of habeas corpus, 28 U.S.C. § 2254, filed by an inmate of the Lansing Correctional Facility, Lansing, Kansas. On June 21, 1979, petitioner Holmes was convicted by a jury in the District Court of Wyandotte County, Kansas, of rape, aggravated battery, and aggravated kidnap-ing. He was sentenced to life in prison and two terms of 5 to 20 years, ...
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MEMORANDUM AND ORDER Petitioner, a prisoner incarcerated in Hutchinson Correctional Facility in Hutchinson, Kansas, proceeds pro se and in forma pauperis on a petition for writ of habeas corpus under 28 U.S.C. § 2254, for alleged constitutional error in his state conviction and sentence. Petitioner is serving a controlling sentence of fifteen years to life on his conviction by a jury on charg...
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MEMORANDUM AND ORDER This matter is before the court on a petition for writ of habeas corpus filed pursuant to 28 U.S.C. § 2241 (Doc. 2) and a summary judgment motion filed pursuant to Fed.R.Civ.P. 56 (Doc. 9). Both the petition and the motion were filed by an inmate of the Federal Correctional Institution, Taft, California. The petition was originally filed in the United States District Cour...
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115 F. Supp. 2d 1275 (2000) Janice NAPELL, Plaintiff, v. ATEN DEPARTMENT STORE, INC., Defendant. No. 99-4058-DES. United States District Court, D. Kansas. August 17, 2000. *1276 James R. Clinkscales, Clinkscales & Brubaker, P.A., Hays, KS, Lelyn J. Braun, Oyler & Pauzauskie, Topeka, KS, for plaintiff. Ron D. Martinek, Craig C. Blumreich, Gehrt & Roberts, Chartered, Topeka, KS, for def...
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120 F.Supp.2d 114 (2000) Mark A. KIBBE, Petitioner, v. Larry E. DUBOIS and Scott Harshbarger, Respondents. No. Civ.A. 97-10010-NG. United States District Court, D. Massachusetts. September 26, 2000. *115 Brownlow M. Speer, Committee For Public Counsel Services, Boston, MA, for Mark A. Kibbe, petitioner. Pamela L. Hunt, Attorney General's Office, Criminal Bureau, Boston, MA, Annette C. Benedetto, ...
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117 F. Supp. 2d 182 (2000) Inga Britt LILLBASK as Legal Guardian on Behalf of Lindsey MAUCLAIRE, Plaintiff, v. Theodore S. SERGI, et al., Defendants. No. Civ. 3:97cv1202(PCD). United States District Court, D. Connecticut. September 29, 2000. *183 *184 *185 Winona Wellman Zimberlin, Hartford, CT, Arthur Allan Smith, Education Law Project, Inc., Mansfield Center, CT, for Plaintiff. Seth R. Klein, A...
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116 F. Supp. 2d 926 (2000) Joseph R. COMPOLI, Jr., Plaintiff, v. AVT CORPORATION, et al., Defendants. No. 1:00 CV 1192. United States District Court, N.D. Ohio, Eastern Division. August 3, 2000. James R. Goodluck, Cleveland Heights, OH, for Joseph R. Compoli, Jr. *927 Bruce G. Hearey, Timothy G. Warner, Spieth, Bell, McCurdy & Newell, Cleveland, OH, for Cleveland Cavs, Clear Channel Communica...
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ORDER Introduction On October 6,1999, Plaintiffs: Aloe Vera of America, Inc., (“AVA”), a Texas corporation, Rex G. Maughan (“Maughan”) and Ruth Maughan, husband and wife, Mau-ghan Holdings, Inc., an Arizona corporation, Gene Yamagata (“Yamagata”), an individual, and Yamagata Holdings, Inc., a Nevada corporation, (“Plaintiffs”), filed a Complaint against the United States of America (...
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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”). Lindburgh Jackson (“Debtor”) appeals the August 24, 1999, judgment of the Bankruptcy Court. The Bankruptcy Court entered a Judgment against Debtor based on its finding that the Debtor’s liability to the United States for ...
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*1251 MEMORANDUM OPINION AND ORDER Before the court are Plaintiff Bradley Miller’s (“Plaintiff’) Motion For Attorney’s Fees And Costs (“Mot.”), filed November 29, 1999, and Plaintiffs Supplemental Motion For Attorney’s Fees And Costs (“SuppLMot.”), filed January 21, 2000. On January 24, 2000, Defendant Kenworth of Dothan, Inc. (“Defendant”) filed a Brief In Opposition, in whi...
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ORDER GRANTING MOVANT’S MOTION TO VACATE, SET ASIDE OR CORRECT SENTENCE PURSUANT TO TITLE 28 U.S.C. § 2255 BEFORE THIS COURT is Movant Jose Rios-Delgado’s Motion to Vacate, Set Aside or Correct Sentence pursuant to 28 U.S.C. § 2255 (“Motion to Vacate”), the Government’s Response to Motion to Vacate Sentence Under 28 U.S.C. § 2255 and Movant’s Reply to the Government’s Response. F...
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112 F. Supp. 2d 1185 (2000) RUMSEY INDIAN RANCHERIA OF WINTUN INDIANS, et al., Plaintiffs, v. Governor Pete WILSON and State of Defendants. and Consolidated Cases No. CIV. S-92-812 GEB. United States District Court, E.D. California. September 12, 2000. Howard L. Dickstein, Dickstein and Merin, Sacramento, CA. George Forman, Forman and Prochaska, San Rafael, CA. Jerome L. Levine, Levine and Associ...
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MEMORANDUM OPINION This case comes before the court on the defendant’s objections to the presentence report (“PSR”), prepared by the United States Probation Officer for the court’s review and consideration at the defendant’s sentencing hearing. With his objections, the defendant concomitantly filed a motion for downward departure pursuant to sections 5K2.0 and 5H1.4 of the United States Sente...
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116 F. Supp. 2d 1175 (2000) Jack ENSLEY, as Personal Representative of the Estate of Benjamin M. Ensley, for the benefit of the statutory, Plaintiff, v. STRATO-LIFT, INC., a.k.a. Strato-Lift & Boom, Inc., a foreign corporation, Strato Lift International Corporation, and Star Industries, Inc., d/b/a/ Star Rentals, a foreign corporation, Defendants. No. CV-00-269-HU. United States District Cour...
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OPINION AND ORDER Gabriel Capital, L.P. (“Gabriel Capital”) and Ariel Fund Ltd. (“Ariel Fund”) (collectively “plaintiffs”) are suing defendants *411 NatWest Finance, Inc. (“NatWest Finance”), NatWest Capital Markets Limited (“NatWest Capital”), National Westminster Bank PLC (“NatWest Bank”), McDonald Investments Inc. (“McDonald”), and Steel Dynamics Inc. (“SDI”) for secur...
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121 F. Supp. 2d 943 (2000) Hayes WILLIAMS, et al., Plaintiffs, v. John McKEITHEN, et al., Defendants, United States of America, Amicus Curiae. In re Juvenile Facilities In re Tallulah Correctional Center for Youth In re Jetson Correctional Center for Youth In re Swanson Correctional Center for Youth In re Louisiana Training Institute — Bridge City In re Jena Juvenile Justice Center Brian B., et a...
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MEMORANDUM — DECISION AND ORDER On June 2, 1999, a jury convicted Defendant of a five count indictment charging *367 violations of 18 U.S.C. §§ 2(a), (b); 844(i); and 924(c)(1). On October 13, 1999, Defendant filed a post-trial motion with this Court seeking an order directing the Government to deliver all files related to this case, including all files in the possession of the Bureau of ...
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AMENDED ORDER GRANTING MOTION TO DISMISS SECOND AMENDED CLASS ACTION COMPLAINT; TERMINATING CASE WITH PREJUDICE Defendant Price Waterhouse Coopers, LLP moves to dismiss Plaintiffs’ Second Amended Class Action Complaint for failure to comply with the pleading requirements of the Private Securities Litigation Reform Act of 1995, Pub.L. No. 104-67, 109 Stat. 743 (1995). The Court has ...
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124 F. Supp. 2d 610 (2000) Marcia M. FULLER, Plaintiff, v. CATERPILLAR INC., Defendant. No. 99 C 7334. United States District Court, N.D. Illinois, Eastern Division. October 4, 2000. *611 Claudia Oney, Claudia Oney & Associates, Chicago, IL, for Marcia M. Fuller. Michael A. Warner, Marcia A. Mahoney, Laura Anne Lindner, Seyfarth Shaw, Chicago, IL, Jona Gabrielle Gaffke, Peopria, IL, for Cater...
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OPINION AND FINAL ORDER Appellant brings this appeal before the district court, pursuant to 28 U.S.C. §. 158, as further codified by Bankruptcy Rule 8001 et seq., seeking to vacate the order of the bankruptcy court, imposing dismissal from the bankruptcy bar, and to remand the case for further judicial proceedings before a different judicial officer. For the reasons stated ...
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121 F. Supp. 2d 1104 (2000) MICHIGAN BELL TELEPHONE COMPANY, d/b/a Ameritech Michigan, Plaintiff, v. CLIMAX TELEPHONE COMPANY, et al., Defendants. No. 5:97-CV-197. United States District Court, W.D. Michigan, Southern Division. October 12, 2000. *1105 Joseph A. Fink, John M. Dempsey, Dickinson Wright, PLLC, Lansing, MI, for Michigan Bell Telephone Company dba Ameritech Michigan, Inc., pltfs. Gary...
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115 F. Supp. 2d 854 (2000) Louis STILE, Trustee of the Louis Stile Trust, Plaintiff, v. COPLEY TOWNSHIP, OHIO, et al., Defendants. No. 5:00 CV 1309. United States District Court, N.D. Ohio, Eastern Division. June 8, 2000. *855 Amie L. Bruggeman, Stephen W. Funk, Roetzel & Andress, Akron, OH, for Louis Stile, Trustee of The Louis Stile Trust, plaintiff. Irving B. Sugerman, Joseph R. Spoonster,...
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104 F. Supp. 2d 1365 (2000) COMCAST CABLEVISION OF BROWARD COUNTY, INC. and Advocate Communications, Inc., d/b/a Advanced Cable Communications, Plaintiffs, v. BROWARD COUNTY, Florida, Defendant. TCI TKR of South Florida, Inc. and MediaOne of Greater Florida, Inc. v. Broward County, Florida, Defendant. No. 99-6934-CIV. United States District Court, S.D. Florida, Miami Division. February 22, 2000. ...
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ORDER Defendant Fingerhut ■ Companies, Inc. removed this action from the Circuit Court of Perry County, Alabama, asserting that the court has subject matter jurisdiction pursuant to 28 U.S.C. § 1331. As instructed by the United States Supreme Court, “The federal courts are under an independent obligation to examine their own jurisdiction.” United States v. Hays, 515 U.S. 737, 742, 115 S.Ct....
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122 F. Supp. 2d 881 (2000) Fred TREESH, et al., Plaintiffs, v. Bob TAFT, et al., Defendants. No. C-2-99-624. United States District Court, S.D. Ohio, Eastern Division. March 20, 2000. *882 Kevin Francis O'Neill, Cleveland-Marshall College of Law, Cleveland, OH, for Plaintiff. Todd Robert Marti, Ohio Atty. General, Corrections Litigation, Columbus, OH, for Defendant. OPINION AND ORDER KINNEARY, S...
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MEMORANDUM OF DECISION AND ORDER Plaintiffs, parents of children enrolled in the Maine Medicaid program who have been diagnosed noth severe emotional illnesses or mental health impairments and Disability Rights Center of Maine, Inc. (“DRC”), a nonprofit corporation organized under the laws of the State of Maine, have filed an action seeking declaratory and injunctive relief against Defend...
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MEMORANDUM-DECISION AND ORDER I. INTRODUCTION Plaintiff, Jeremy Young (“Young” or “plaintiff’), brought this negligence action claiming diversity jurisdiction under 28 U.S.C. § 1332(a)(1). Only defendant Century House Historical Society (“Century”) moves to dismiss pursuant to Fed.R.Civ.P. *279 12(b)(1), for lack of subject matter jurisdiction. Plaintiff oppo...
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MEMORANDUM-DECISION and ORDER Plaintiff World Touch Gaming, Inc. (‘World Touch”) filed the instant action on December 22, 1999, alleging breach of contract by defendants. World Touch filed an amended complaint on May 4, 2000. Defendants Massena Management, LLC; Massena Management Corp. d/b/a President R.C.-St. Regis Management Company 1 (“Management Company”); Akwes-asne Mo...
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116 F. Supp. 2d 977 (2000) James S. "Jim" YOUNG, Raymond W. Baruth, Jr., and Ken Prazak, Plaintiffs, v. ILLINOIS STATE BOARD OF ELECTIONS, the State Officers Electoral Board and its members in their official capacities only; Chairman William McGuffage, Wanda Rednour, Elaine Roupas, Kay D. Holloway, David E. Murray and Phillip O'Connor and the objector Thomas R. Schober, Defendants. No. 00 C 5906....
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ORDER STAYING PLAINTIFF’S FOURTH AND FIFTH AMENDMENT CLAIMS AND REMANDING STATE TAKINGS CLAIM On the morning of October 16, 1996, the Pierce County Sheriffs Office serviced a narcotics search warrant of Ms. Eggle-ston’s home in Tacoma, WA. An exchange of gunfire between Pierce County deputies and Brian Eggleston, plaintiffs son, resulted in the death of Sheriffs deputy, John Bananola and the se...
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116 F. Supp. 2d 928 (2000) Mark D. TATTON, Plaintiff, v. CITY OF CUYAHOGA FALLS, et al., Defendants. No. 5:00-CV-1439. United States District Court, N.D. Ohio, Eastern Division. October 12, 2000. *929 *930 *931 Mark D. Tatton, Cuyahoga Falls, OH, pro se, for Mark D. Tatton, Plaintiffs. John T. McLandrich, Mazanec, Raskin & Ryder, Cleveland, OH, Paul J. Cristallo, Mazanec, Raskin & Ryder C...
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MEMORANDUM OPINION I. Introduction Plaintiff Neal F. Gasser, a District of Columbia police officer, brings suit against his employer under the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq. (“ADA”), and Section 501 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 791 et seq. 1 Plaintiff alleges that Defendant has discriminated ...
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MEMORANDUM OPINION Before the court are cross motions by the parties for summary judgment and the responses thereto. 1 The court referred the matter to the presiding United States Magistrate Judge to issue a report and recommendation on the dispositive motions, pursuant to 28 U.S.C. § 636(b)(1)(B). The Magistrate Judge returned his Report and Recommendation on May 3, 2000 a...
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98 F. Supp. 2d 1202 (2000) Gail S. FRICK, a married woman, Plaintiff, v. U.S. BANCORP, and its predecessors, a foreign corporation doing business in the State of Washington, Defendant. No. C99-5554 FDB. United States District Court, W.D. Washington, at Tacoma. June 15, 2000. *1203 Bruce D. Corker, Perkins Coie, Seattle, WA, for defendant. Lane J. Wolfley, Wolfley, Hoffer & Basden, Port Angele...
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MEMORANDUM OPINION This is an action for declaratory judgment brought by the Commonwealth of Virginia under Section 5 of the Voting Rights Act of 1965, 42 U.S.C. § 1973c (1994) (“Section 5”). 1 See also 28 U.S.C. §§ 2201, 2284 (1994). Virginia seeks a declaratory judgment concerning recent revisions to the Virginia Election Code, enacted as 2000 Va.Acts ch. -884 (“Ch...
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MEMORANDUM AND ORDER The plaintiff, Sadie E. Varney, brought this action against several tobacco companies and distributors in Massachusetts Superior Court, and the defendants then removed the case to this Court, which has jurisdiction under 28 U.S.C. § 1332. The plaintiff claims that the defendants, conspiring with other members of the tobacco industry, deceived the public about the ...
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OPINION Plaintiff Pilates, Inc. sues defendants Current Concepts, Inc. and Kenneth En-delman for infringing two of plaintiffs registered trademarks in the word PILATES. One mark is registered for certain types of equipment used in the “Pilates method” of exercise. The other mark is registered for use in connection with exercise instruction services. Plaintiff seeks only declaratory an...
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OPINION Defendant the Port Authority of New and New Jersey (the “Port Authority”) has moved, pursuant to Rule 56 of the Federal Rules of Civil Procedure, for an order of summary judgment dismissing the complaint of plaintiff Natalie Minott (“Minott”) alleging gender, race, and disability-based employment discrimination, and retaliation for her opposition to these discriminatory employ...
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116 F. Supp. 2d 256 (2000) UNITED STATES of America, Plaintiff, v. Alberto DE JESUS a/k/a "Tito Kayak," Defendant. Crim. No. 00-321 HL. United States District Court, D. Puerto Rico. September 7, 2000. *257 Gregorio Lima, Bayamon, PR, Linda Backiel, San Juan, PR, for Alberto de Jesus, defendant. Jorge E. Vega-Pacheco, U.S. Attorney's Office District of P.R., Criminal Division, Hato Rey, PR, for U....
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116 F. Supp. 2d 225 (2000) Kenneth L. BRAYMAN, Kerrie Brayman, Individually and as PPA for Jonathan Brayman, Jaqueline Brayman, Lawrence Brayman, and Madeline Brayman, Plaintiffs, v. 99 WEST, INC., Defendant. No. Civ.A. 98-11413-MBB. United States District Court, D. Massachusetts. October 3, 2000. *226 Robert V. Costello, Schneider, Reilly, Zabin & Costello, Boston, MA, for Kenneth L. Brayman...
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116 F. Supp. 2d 755 (2000) Wanza TURNER as Administrator of The Estate of Jim Turner, Jr., and on Behalf of the Wrongful Death Beneficiaries of Jim Turner, Jr., Namely Herself, Tucumcari Baiseq'Kqwi Turner, A Minor Child, Orricca Venika Tarquie Turner, A Minor Child; By and Through Their Mother Wanza Turner and Jim Turner, III, A Minor, By and Through His Mother, Virginia Hawkins, Plaintiff, v. F...
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MEMORANDUM OF DECISION AND ORDER On May 7, 1999, the Plaintiffs commenced this action against Defendants Estelle Freedman (“Estelle”) and Frederick Fagelson, as executor of the estate of Robert Freedman to recover money under various theories of equity. Presently before this Court is Estelle’s motion for judgment *380 on the pleadings, pursuant to Rule 12(c) of the Federa...
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MEMORANDUM OF DECISION AND ORDER In this case, the Plaintiff, New York Islanders Hockey Club, L.P. (“Islanders”) has brought this action against the Defendant, Comerica Bank-Texas (“Comerica”), and one of its executives, Joseph D. Lynch, alleging that Comerica and Lynch assisted one John Spano in a fraudulent attempt to purchase the team. Comerica filed a third-party complaint for contrib...
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MEMORANDUM OF DECISION AND ORDER On September 27, 1999, Pro Se Plaintiff Ivan Amnay (“Amnay”) filed a complaint against his former employer Defendants Del Laboratories, Inc. (“Del Labs”) and his supervisor Martha Pusey (“Pusey”), alleging that he had been wrongfully dismissed by Del Labs as a result of his age and race. Currently before the court are the motions by Del Labs and Pusey to d...
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MEMORANDUM OF DECISION AND ORDER In this diversity action, the Plaintiff, DS Capital, Inc. (“DS”) alleges causes of action for breach of contract and fraud against the Defendant, Carlisle Sports Emporium, Inc. (“Carlisle”), resulting from a failed agreement between them involving a $ 5.2 million financing deal. Presently before the Court are motions by Carlisle to dismiss the complaint for fail...
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MEMORANDUM OF DECISION AND ORDER This complex criminal case involves allegations of racketeering, conspiracy, arson, mail fraud, and money laundering against various Defendants. Presently before the Court are motions by Defendant Saverio Galasso III to (i) sever his trial from his Co-Defendants pursuant to Fed. R. Crim. P. 14; (ii) to strike portions of the indictment pursuant to Fed. R. Crim. P. ...
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MEMORANDUM OF DECISION AND ORDER Plaintiff pro se commenced this action alleging discrimination in employment, relating to her termination from Defendant Big K-Mart Corp. (“K-Mart”). Presently before the Court is K-Mart’s motion to dismiss the complaint pursuant to Fed. R. Civ. P. 12(b)(6) as untimely, and the Plaintiffs motion for appointment of counsel. The legal claims ...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW Now before the court is a petition by the Probation Office to revoke Kevin Bandy’s supervised release. After a hearing, and upon consideration of all the evidence of record, the court makes the following findings of fact and conclusions of law. Findings of Fact 1. Mr. Bandy was convicted of one count of interference with commerce by robbery and on...
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MEMORANDUM OF DECISION AND ORDER This case presents a unique situation; the Court has no address whatsoever to contact the pro se Defendant. The Government commenced this action based on a delinquent student loan on September 9, 1999. The Government filed an affidavit of service, indicating that the Defendant was served on September 25, 1999, by leaving a copy of the summons and complaint with “J...
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MEMORANDUM OF DECISION AND ORDER This diversity case involves claims that Plaintiff Marie Domond sustained personal injuries allegedly caused by the Defendants negligence while the Plaintiffs were attending the Defendants amusement park in New Jersey. Presently before the Court are the Defendants’ motions to vacate the default judgment previously entered against them, to dismiss the c...
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MEMORANDUM OF DECISION AND ORDER This diversity action involves allegations of breach of warranty, negligence, and fraud by the Plaintiff Lobo Recording Co. (“Lobo”) against Defendant Waterland Design (“Waterland”) and its owner Vincent Van Haaff, with regard to the design of a recording studio. Presently before the Court is the Defendants’ motion to amend their answer to add additional countercl...
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MEMORANDUM OF DECISION AND ORDER In this appeal from a decision of United States Bankruptcy Judge Marvin A. Holland, Debtor-Appellant Mid-Island Hospital and Appellant Official Committee Unsecured Creditors of Mid-Island Hospital (collectively, “Mid-Island”) contend that Judge Holland erroneously granted summary judgment to Appellee Empire Blue Cross and Blue Shield (“Empire”) on Mid-Isla...
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OPINION TABLE OF CONTENTS I. INTRODUCTION.581 II. BACKGROUND. A. General Background of Life Insurance . 1. Whole Life Insurance. 2. Universal Life Policy. B. Development of the MBL COLI VIII Policy and Plan. C. Camelot’s Decision to Purchase the MBL COLI VII Plan_ D. Features of Camelot’s COLI VIII Policies and Plan. 1. Amounts Due Each Pol...
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MEMORANDUM OPINION This is an action for alleged infringement of plaintiffs copyrighted diamond ring designs, trade dress infringement under the Lanham Act, and analogous state law transgressions. Defendant moves for summary judgment dismissing the amended complaint. I. Copyright Claim The allegedly infringed ring styles “utilize[ ] a base or ‘skirt’ consisting of tapered ba...
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MEMORANDUM OPINION AND ORDER Currently before the court is defendant’s motion to sever plaintiffs’ claims. For the following reasons, the court grants defendant’s motion. I. BACKGROUND The plaintiffs in this case are current or former employees of defendant, the Northern Trust Company (“Northern Trust”), who are or were employed in the Special Assets Division (the “Division”) within the Norther...
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115 F. Supp. 2d 525 (2000) UNITED STATES of America v. 300 BLUE HERON FARM LANE CHESTERTOWN, MARYLAND, WITH ALL BUILDINGS, APPURTENANCES AND IMPROVEMENTS THEREON. No. CIV.CCB-99-2509. United States District Court, D. Maryland. August 4, 2000. *526 Lynne A. Battaglia, U.S. Atty., Baltimore, MD, Richard Charles Kay, Office of U.S. Atty., Baltimore, MD, for Plaintiff. John Jeffrey Ross, Law Office o...
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MEMORANDUM Besieged by lawsuits brought by municipalities against it and other gun manufacturers across the country, plaintiff Beretta U.S.A. Corporation (“Beretta”), a Maryland corporation, seeks a declaratory judgment that defendants Federal Insurance Company (“Federal”) and Great Northern Insurance Company (“Great Northern”) owe a duty to defend and indemnify Beretta in those lawsu...
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MEMORANDUM Now pending before this Court is Defendants’ Motion to Dismiss or, in the Alternative, for Summary Judgment. Because both parties have submitted material outside the pleadings, the defendants’ motion will be treated as one for summary judgment. See Fed.R.Civ.P. 12(b)(6). Plaintiff William F. Cecil, Jr. was employed by Defendant AAA Mid-Atlantic, Inc. until he acc...
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OPINION Before the Court are defendants’ motion to dismiss or stay litigation, plaintiffs opposition, and defendants’ reply thereto. Upon consideration of the parties’ submissions and the entire record, the Court denies defendants’ motion. BACKGROUND The government brings this action against Toyota Motor Corporation (“TMC”), Toyota Motor Sales, U.S.A., Inc. (“TMS”), and Toyo...
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116 F. Supp. 2d 571 (2000) Kathy C. LIDWELL, Plaintiff, v. UNIVERSITY PARK NURSING CARE CENTER, a/k/a SC Investors, Inc., Defendant. No. 4:CV-98-1778. United States District Court, M.D. Pennsylvania. October 19, 2000. *572 *573 Richard S. McEwen, Lemont, PA, for Kathy C. Lidwell. Timothy G. Hewitt, Latrobe, PA, for University Park Nursing Care Center Robert A. Seiferth, Marshall Dennehey Warner, ...
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126 F.Supp.2d 538 (2000) PTS LABS LLC, an Illinois limited liability company, Plaintiff-Counterdefendant, v. ABBOTT LABORATORIES, an Illinois corporation, Defendant-Counterplaintiff. No. 99 C 2402. United States District Court, N.D. Illinois, Eastern Division. October 5, 2000. *539 Raymond P. Niro, Arthur Anthony Gasey, David J. Sheikh, Paul Christopher Gibbons, Niro, Scavone, Haller & Niro, ...
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MEMORANDUM OPINION AND ORDER Plaintiff Alexius Cornelia (“Plaintiff’) filed a three count Fourth Amended Complaint against Defendants Nurse John Pe-trocelli (“Nurse Petrocelli”) and Dr. Rodrigo Floro (“Dr.Floro”). Count II alleges a civil rights violation pursuant to 42 U.S.C. § 1988 (“ § 1983”). Specifically, Plaintiff alleges via Count II that Nurse Petrocelli and Dr. Floro violated...
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MEMORANDUM — DECISION AND ORDER Presently before the Court are Defendants’ motion for summary judgment and Plaintiffs cross-motion for summary judgment. For the reasons set forth below, Plaintiffs motion is GRANTED IN PART and Defendants’ motion is GRANTED IN PART. I. BACKGROUND On March, 25, 1997, Plaintiff brought this action pursuant to 42 U.S.C. § 1983 claiming that various official...
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121 F. Supp. 2d 831 (2000) Wendy MILLER, Plaintiff, v. BRISTOL-MYERS SQUIBB COMPANY, et al., Defendants. No. Civ.A. AW-97-3973. United States District Court, D. Maryland. October 6, 2000. *832 *833 Michael A. Pretl, Severna Park, MD, Jodi Lyn Hammerman, Michelle A. Parfitt, Ashcraft and Gerel, Baltimore, MD, for plaintiff. James L. Shea, Dino S. Sangiamo, Venable, Baetjer and Howard, LLP, Baltimo...
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OPINION ON DEFENDANTS’ MOTIONS TO DISMISS AND/OR TRANSFER VENUE I. INTRODUCTION Presently before the Court in this sexual harassment case are defendants’ motions to (a) dismiss ten of the eleven counts of the complaint for failure to state a claim; and/or (b) transfer venue of this action to the Eastern District of Pennsylvania. Because portions of plaintiffs complaint state ...
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MEMORANDUM OPINION AND ORDER Before the court is the appeal of the appellants, the United States and the Commissioner of Internal Revenue, seeking to reverse the Judgment of the United States Bankruptcy Court wherein the appellants’ motion to withdraw admissions was denied. The United States and the Commissioner of Internal Revenue also seek to overturn the Bankruptcy Court’s determination th...
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116 F. Supp. 2d 1145 (2000) James J. HUGHES, Sonia M. Hughes, Plaintiffs, v. UNITED STATES of America, Defendant. No. C98-4502-WDB. United States District Court, N.D. California. October 10, 2000. *1146 *1147 *1148 James and Sonia Hughes, Mark P. Velez, Velez Law Firm, Concord, CA, for plaintiffs. United States of America, Robert Mueller, III, United States Attorney, Gail Killefer, Chief, Civil D...
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OPINION AND ORDER This matter is before the court on the motion to intervene filed by Delaware Capital Formation, Inc. (“DCF”) and the motion to dismiss filed by Systematic Refrigeration, Inc. (“Systematic”). For the reasons given below, 1 DCF’s motion to intervene is GRANTED, and Systematic’s motion to dismiss is DENIED. I. Factual and Procedural History Hill...
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116 F. Supp. 2d 987 (2000) UNITED STATES of America, Plaintiff, v. Robert SCOTT, Defendant. No. 99-30043. United States District Court, C.D. Illinois, Springfield Division. September 27, 2000. *988 Timothy A. Bass, Springfield, IL, for plaintiff. Gregory B. Grigsby, Pana, IL, for defendant. OPINION RICHARD MILLS, District Judge. Apprendi is the law of the land and is binding on this Court. Howev...
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MEMORANDUM OPINION This matter comes before the Court on the motion of defendants Exxon Research1 and Daryl Swiniski2 under Federal Rule of Civil Procedure Rule 12(b)(6) to dismiss Counts I through IV of plaintiff Christine Kurdyla’s Second Amended Complaint insofar as the counts contain claims against Exxon Research and Daryl Swiniski. Plaintiff asserts claims against Pinkerton Security (“Pinker...
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MEMORANDUM OPINION Six nonunion employees of United Airlines bring this action against the International Association of Machinists and Aerospace Workers (“IAM”), claiming that IAM’s policy requiring nonmembers of the union to file their objections annually to the payment of union fees unrelated to the costs of collective bargaining (“agency fees”) violates the nonmembers’ rights under the First...
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MEMORANDUM OPINION Plaintiffs Teresa T. Diaz and Timothy J. Hall brought this action under the federal Equal Credit Opportunity Act (“ECOA” or “Act”), 15 U.S.C. §§ 1691 et seq., and its Virginia counterpart (“VA ECOA”), 1 Va. Code § 59.1-21.21:1, when they were denied a home loan because of their status as an unmarried couple. Specifically, plaintiffs claim that defe...
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OPINION A social security appeal. Denial of benefits. Defendant’s motion for summary affir-mance is allowed, and the denial of benefits is affirmed. But first, the backdrop. I. PROCEDURAL BACKGROUND On April 28, 1994, Jeffrey F. Naudain filed an application for Disability Insurance Benefits (“DIB”) and for Supplemental Security Income (“SSI”). (Tr. 40-46). Therein...
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OPINION If you do not want another to tell your secrets, you must not tell them yourself. Seneca: Phaedra I. BACKGROUND Ón May 10, 1989, Plaintiff Southwest Whey, Inc., (“Southwest Whey”) and Defendant Nutrition 101, Inc., (“Nutrition 101”) entered into a written agreement to operate a joint venture. Southwest Whey agreed to obtain whey from dairies and Nutr...
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OPINION “Keep thy shop, and thy shop will keep thee.” Ben Johnson, et al., Eastward Ho I (1606). FACTS In addition to being a convicted felon, Joseph Fleischli is the president of Springfield Armament Services, Inc., a licensed manufacturer of firearms. On August 11, 1998, a grand jury indicted Fleischli for possession of machine guns, possession of a firearm by ...
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MEMORANDUM Plaintiff Kris Deily brought this action against defendant Waste Management of Allentown under the Americans with Disabilities Act, 42 U.S.C. §§ 12101, et seq. (“ADA”), the Pennsylvania Human Relations Act, 43 Pa.C.S.A. §§ 951, et seq. (“PHRA”), the Family and Medical Leave Act, 29 U.S.C. §§ 2601, et seq. (“FMLA”), the Employee Retirement Income...
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110 F.Supp.2d 656 (2000) Valerie ALARCON, Plaintiff v. BILL RODGERS BUICK, INC., Defendant No. 3:00CV161. United States District Court, E.D. Tennessee, at Knoxville. July 19, 2000. Stephen T Hyder, Maryville, TN, for Plaintiff. Gregory P. Isaacs, Knoxville, TN, for Defendant. MEMORANDUM OPINION JARVIS, District Judge. This case is a sexual harassment action brought under Title VII of the Civil R...
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109 F. Supp. 2d 752 (2000) Bob D. STONE, Plaintiff, v. JO-ANN STORES, INC., et al. Defendants. No. 5:99CV1474. United States District Court, N.D. Ohio. August 10, 2000. William R. Holland, John F. Myers, Nancy Holland Myers, Holland & Myers, Akron, OH, for Plaintiff. *753 Mark S. Floyd, Sindy J. Policy, Thompson, Hine & Flory, Michael J. Frantz, Michael N. Chesney, Frantz Ward, Cleveland,...
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ORDER GRANTING DEFENDANTS’ MOTION FOR DECERTIFICATION AND DENYING PLAINTIFFS’ MOTION TO INTERVENE ADDITIONAL CLASS REPRESENTATIVES Defendants’ Motion for Decertification of Classes and Plaintiffs’ Motion to Intervene New Class Representatives came on regularly for hearing before this Court on duly 10, 2000. After considering the materials pre*408sented by the parties, the argument of counsel, and...
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MEMORANDUM OPINION AND ORDER A number of motions have been filed by the parties in this cause, including two motions by defendant Odom industries, Inc. (Odom) to dismiss and a motion by Odom to supplement its first motion to dismiss, and a motion by plaintiff North-' field Insurance Company (Northfield) to enjoin state court proceedings recently brought against it by Odom. 1 ...
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116 F. Supp. 2d 325 (2000) Gordon BLANCHETTE, Plaintiff, v. Walter J. KUPCHUNOS, Jr., Defendant. No. Civ. 3:99CV1346(PCD). United States District Court, D. Connecticut. October 16, 2000. *326 Michael A. Georgetti, Hartford, CT, for Gordon Blanchette, plaintiff. Lynn D. Wittenbrink, Attorney General's Office, Hartford, CT, for Walter J. Kupchunos, Jr., defendant. RULING ON MOTION FOR SUMMARY JUDG...
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MEMORANDUM OPINION AND ORDER Before the Court are Plaintiffs and Defendant’s Cross Motions for Summary Judgment. Having considered these motions, the responses, the briefs of counsel, the cited authorities and applicable law, this Court finds as follows: FACTUAL BACKGROUND These causes of action involve an employer’s appeal of two arbitration awards. As the two cases con...
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OPINION Defendants H. Carl McCall (“McCall”) and Rosemary Scanlon (“Scanlon”) (collectively, “the Defendants”) move for an order excluding the admission of certain of plaintiff George P. Roniger’s (“Roniger”) newspaper article exhibits, pursuant to Federal Rules of Evidence 401, 402 and 403. Roniger opposes the motion. For the reasons set forth below, the motion will be granted i...
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OPINION Plaintiff Cavendish Traders, Ltd., (“CTL”) brings this diversity action to enforce promissory notes, allegedly executed by the defendant corporation, Nice Skate Shoes, Ltd. (“Nice Skate”), and guaranties of payment allegedly executed by officers of Nice Skate. Plaintiff has moved for *397 summary judgement pursuant to Rule 56, F.R. Civ. P. Defendant Walter Telford...
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MEMORANDUM OPINION AND ORDER This cause is before the court on the motion of defendants EquiFirst Corporation and World Mortgage Company (WMC) to compel arbitration and to dismiss. Plaintiffs Mary Smith and Robert and Sandra Goodin have responded in opposition to the motion and the court, having considered the memoranda of authorities, together with attachments, submitted by the parties, conc...
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115 F.Supp.2d 1132 (2000) UNITED STATES of America, Plaintiff, v. Laura KEEVEN, Defendant. No. 499CR0445SNL(MLM). United States District Court, E.D. Missouri, Eastern Division. August 24, 2000. *1133 Janis C. Good, Federal Public Defender, St. Louis, MO, for Laura Keevan, defendant. Thomas J. Mehan, Office of U.S. Atty., St. Louis, MO, for U.S. MEMORANDUM AND ORDER OF UNITED STATES MAGISTRATE JU...
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121 F. Supp. 2d 810 (2000) Larry BURTON a/k/a Sean Jackson, Plaintiff, v. CITY of PHILADELPHIA, et al., Defendants. No. CIV. A. 00-CV-650. United States District Court, E.D. Pennsylvania. October 25, 2000. *811 Marc E. Batt, Batt, Halpern & Weinrub, Philadelphia, PA, for plaintiff. Carlton L. Johnson, City of Philadelphia Law Dept., Philadelphia, PA, Charles T. Roessing, Lynne W. Coughlin, Pa...
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120 F. Supp. 2d 759 (2000) CONSOLIDATED DOORS, INC., Plaintiff, v. MID-AMERICA DOOR CO., Defendant. No. 00-C-0170. United States District Court, E.D. Wisconsin. April 3, 2000. On Reconsideration, October 13, 2000. *760 Bert M Eide, Eide Law Offices, Milwaukee, WI, for Consolidated Doors Inc, plaintiff. Donald H Carlson, Marianne Morris Belke, Crivello Carlson Mentkowski & Steeves, Milwaukee, ...
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109 F. Supp. 2d 757 (2000) UNITED STATES of America, Plaintiff, v. Michael G. VISNICH, Defendant. No. 4:99CR156. United States District Court, N.D. Ohio. August 10, 2000. *758 Edward G. Bryan, Office of Fed. Public Defender, Cleveland, OH, for Michael G. Visnich. Michael G. Visnich, Warren, OH, pro se. Albert A. Palombaro, Boardman, OH, for James A. Kerchum. James A. Kerchum, Girard, OH, pro se. ...
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(CORRECTED) ORDER ON OBJECTIONS TO MAGISTRATE’S REPORT AND RECOMMENDATION ON THE DEFENDANT’S MOTION TO SUPPRESS EVIDENCE This is a passenger train station stop and search case based on a profile. It led to the discovery of a little over one (1) kilogram of cocaine base in the defendant’s duffel bag. The defendant, a twenty-nine (29) year old African-American male, claims that the detention an...
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MEMORANDUM DECISION AND ORDER By Petition filed July 19, 1999, Gary Stinchfield applied pursuant to 28 U.S.C. § 2241(c) for a writ of habeas corpus challenging his confinement at the Federal Correctional Institution at Otisville, New York, following the revocation of his parole in June 1999 by the United States Parole Commission (the “Commission”). Stinchfield, following a significant history...
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MEMORANDUM DECISION AND ORDER Petitioner, the Honorable Donna Lee H. Williams, Commissioner of Insurance for the State of Delaware, in her capacity as the Receiver of National Heritage Life Insurance Company (“NHL”), commenced this action seeking to set aside certain transfers of assets as unlawful conveyances under New York state law. Respondents Issac Nussen (“Nussen”), Ghildale Weisz (...
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121 F. Supp. 2d 40 (2000) State of ARIZONA, Plaintiffs, v. Donna E. SHALALA, Secretary of Health and Human Services, et al., Defendants. No. CIV.A. 99-00860 (HHK). United States District Court, District of Columbia. October 23, 2000. *41 *42 *43 *44 Charles Alvin Miller, Covington & Burling, Washington, DC, for plaintiffs. Felicia L. Chambers, U.S. Dept. of Justice, Washington, DC, for Donna ...
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116 F. Supp. 2d 897 (2000) Megan DAUGHERTY and Donald Sweeny, and Jeffrey A. Seaver and Catherine A. Seaver, and Michelle D. Kintz, individually, and as next friends of their minor children, Plaintiffs, v. VANGUARD CHARTER SCHOOL ACADEMY, a Michigan public school academy, and National Heritage Academies, a Michigan corporation, Defendants. No. 198-CV-897. United States District Court, W.D. Michig...
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116 F. Supp. 2d 831 (2000) Peter SCHWARTZ v. M/V GULF SUPPLIER, et al. No. Civ.A.G-99-729. United States District Court, S.D. Texas, Galveston Division. October 13, 2000. *832 Ronald L White, White Mackillop et al, Houston, TX, for Ron White, mediator. Michael P Doyle, Cook and Butler, Houston, TX, Richard Lee Melancon, Melancon and Hogue, Friendswood, TX, for Peter Schwartz. Michael Don Williams...
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115 F. Supp. 2d 768 (2000) Michael C. PETTY, Plaintiff, v. ODYSSEA VESSELS, INC., Odyssea Marine, Inc., Odyssea Marine Group, L.L.C., Horizon Offshore, Inc., Horizon Offshore Contractors, Inc. and Horizon Vessels, Inc. Defendants. No. CIV.A G-00-046. United States District Court, S.D. Texas, Galveston Division. October 11, 2000. *769 Francis I. Spagnoletti, Spagnoletti & Assoc, Houston, TX, f...
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ORDER This case is before this Court upon Plaintiffs’ motion for a preliminary injunction under Rule 65 of the FedeRal Rules of Civil PROCeduRe to prevent Defendants, Alabama Judicial Inquiry Commission (“JIC”) and Alabama State Bar-Office of General Counsel (“ASB”), from enforcing allegedly unconstitutional “enforcement policies” contained in their respective Advisory Opinions in violati...
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MEMORANDUM & ORDER Plaintiff Ross Incineration Services, Inc. (“Ross”) brings this action against the Environmental Protection Agency (“EPA”), EPA administrator Carol Browner, and EPA regional administrator Francis Lyons. 1 Ross alleges that it owns and operates a waste treatment and storage facility in Grafton, Ohio, where it incinerates, among other things, aerosol cans and t...
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MEMORANDUM Presently pending before the Court is Plaintiffs’ Motion for Partial Summary Judgment (Docket Entry No. 34), to which Defendant has responded in opposition. Also pending is Defendant’s Motion to Deny Relief and to Affirm the Plan Administrator’s Decision to Deny Benefits (Docket Entry No. 37), to which Plaintiffs have responded in opposition. *940I. PROCEDURAL HISTORY Prior to the on...
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ENTRY ON DEFENDANT’S MOTION TO EXCLUDE OPINION TESTIMONY ON FINGERPRINT IDENTIFICATION Defendant Wade Haward was charged with being a felon in possession of firearms and ammunition in violation of 18 U.S.C. § 922(g)(1). Before trial, Haward filed a motion in limine seeking to bar the government from offering an expert opinion on whether a latent fingerprint recovered from one o...
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120 F. Supp. 2d 660 (2000) Beverly A. KIRKLAND, Plaintiff, v. ST. ELIZABETH HOSPITAL, Defendant. No. 4:97 CV 1839. United States District Court, N.D. Ohio, Eastern Division. October 13, 2000. *661 *662 *663 Martin S. Hume, Youngstown, OH, for plaintiff. Ned C. Gold, Jr., Harrington, Hoppe & Mitchell, Warren, OH, for defendant. MEMORANDUM OF OPINION AND ORDER GRANTING DEFENDANT'S MOTION FOR S...
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116 F. Supp. 2d 826 (2000) Terry SPEER, Plaintiff, v. TAIRA LYNN MARINE, LTD., INC., and Hollywood Marine, Inc., Defendants. No. Civ.A.G-99-716. United States District Court, S.D. Texas, Galveston Division. October 13, 2000. *827 Kenneth Ross Citti, Citti & Associates, Houston, TX, mediator pro se. Thomas C Fitzhugh, III, Fitzhugh and Elliott, Houston, TX, Jeffrey S Kuhn, Attorney at Law, Hou...
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112 F. Supp. 2d 460 (2000) Michael J. SAMUEL, et al. v. FORD MOTOR COMPANY, et al. No. CIV. A. WMN-96-2155. United States District Court, D. Maryland. September 1, 2000. *461 *462 Andrew Greenwald, Steven Pavsner, Joseph, Greenwald & Laake, P.A., Greenbelt, MD, Michael Barrett, Wilentz, Goldman & Spitzer, Woodbridge, NJ, for plaintiffs. William Conroy, Cabaniss, Conroy & McDonald, LLP...
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MEMORANDUM OPINION EquiMed, Inc. (“EquiMed”) is the debt- or in a Chapter 7 bankruptcy case pending *392 in the United States Bankruptcy Court for the District of Maryland (“the Bankruptcy Court”). In these two consolidated appeals, EquiMed has challenged Orders entered by the Bankruptcy Court at an early stage of the bankruptcy proceedings. In Civil No. H-00-1279, a...
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OPINION AND ORDER Plaintiff Thomas Pappas (“Pappas”), a former police officer for Police Department of the City of New York (the “NYPD” and the “City,” respectively), has brought this action for monetary and in-junctive relief, pursuant to 42 U.S.C. § 1983 (“§ 1983”), alleging that defendants Rudolph Giuliani, the City’s Mayor, Howard Safir, former Commissioner of the NYPD, and the Ci...
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Before the Court is a Motion to Remand filed by plaintiff Antonio D. Asunto, as Administrator of the Estate of Frank. J. Asunto, which came for hearing on August 30, 2000. This Court has reviewed the pleadings, memoranda and the relevant case law and finds the motion has merit for the reasons that follow. Background This action has been brought to determine the ownership of royalties ...
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ORDER GRANTING PLAINTIFF’S MOTION FOR SANCTIONS, STRIKING DEFENDANTS’ DEFENSES OF LACK OF PERSONAL JURISDICTION AND FORUM NON CONVENIENS, AND DENYING DEFENDANTS’ MOTION TO STAY PENDING ARBITRATION This is an admiralty case in tort, claiming negligent misrepresentation, the utterance of false and misleading statements, negligent operation of a vessel, and negligent hiring, training, and supervisio...
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ORDER This matter is before the court on Plaintiffs’ Motion to Compel. [32] On July 26, 2000, this court considered plaintiffs’ Motion, reserved ruling and allowed the parties time to brief the issue of plaintiffs’ “substantial need” for the contested surveillance tape. In its previous Order, the court discussed the less-than-clear discoverability status of non-evidentiary surveillance tapes— th...
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112 F. Supp. 2d 638 (2000) Jane ROBERTS, as Guardian for Wanda Y. Johnson, Plaintiff, v. GALEN OF VIRGINIA, INC. d/b/a University of Louisville Hospital formerly d/b/a Humana Hospital-University of Louisville, Defendant. No. CIV.A. 93-0544L-S. United States District Court, W.D. Kentucky. at Louisville. April 27, 2000. Robert Spragens, jr., Spragens, Smith & Higdon, Lebonon, KY, Joseph H. Matt...
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112 F. Supp. 2d 196 (2000) Victor L. CORMIER, Plaintiff, v. Ann LITTLEFIELD, Terry Hart, and Nicholas Wagner, in their capacity as Selectmen for the Town of Princeton, and Walter Zimmerman (sic), James Whitman and Andy Olson (sic), in their capacity as Commissioners of the Princeton Municipal Light Department, and Sharon A. Staz, in her capacity as Manager of the Princeton Municipal Light Departm...
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Finding that the debtor had met the undue hardship requirement of 11 U.S.C. § 523(a)(8), the bankruptcy court partially discharged several education loans, including a consolidated loan that the debtor had obtained to refinance his law school indebtedness, and awarded the creditors pro rata recoveries from the nondischarged por *756 tions of the loans. The court must decide in this...
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112 F. Supp. 2d 927 (2000) ARIZONA CIVIL LIBERTIES UNION, et al., Plaintiffs, v. Cynthia L. DUNHAM, Mayor of the Town of Gilbert, Arizona, et al., Defendants. No. CIV 98-2073-PHX-ROS. United States District Court, D. Arizona. August 28, 2000. Timothy Andrew Nelson, Brown & Bain PA, Phoenix, AZ, for Arizona Civil Liberties Union, Ellis Sklar, Ellen Sklar, William Gregory. Gary Stuart McCaleb, ...
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107 F. Supp. 2d 1117 (2000) Serena DEWAKUKU, Plaintiff, v. Andrew M. CUOMO, Secretary of the United States Department of Housing and Urban Development, Defendant. No. CIV.A.98-00415-PCT-P. United States District Court, D. Arizona. July 14, 2000. *1118 Samuel Davis Gollis, DNA People's Legal Services Inc., Keams Canyon, AZ, for Plaintiff. James C. Hair, Jr., U.S. Attorney's Office, Phoenix, AZ, Ve...
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ORDER Before the Court is Plaintiffs Motion for Preliminary Injunction (Doc. No. 2, filed October 11, 2000), to which the Defendant has filed a Memorandum in Opposition (Doc. No. 15, filed October 17, 2000). On October 18, 2000, the Court heard oral argument on the Motion. In their respective memoranda and supporting arguments, the parties have advanced competing theories of antitrust...
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121 F. Supp. 2d 1 (2000) ALLIED PILOTS ASSOCIATION, Plaintiff, v. AMERICAN AIRLINES, INC., Defendant. Civil Action No. 00-1256(JR). United States District Court, District of Columbia. August 22, 2000. Edgar N. James, David P. Dean, James & Hoffman, P.C., Washington, DC, for Plaintiff. Harry A. Risseto, Kathy B. Houlihan, Morgan, Lewis & Bockius LLP, Washington, DC, for Defendant. MEMORAN...
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OPINION AND ORDER The defendant in this criminal prosecution has moved to dismiss the indictment charging him with possession of a firearm after having been committed to a mental institution. The defendant contends that the stipulated evidence does not show that he was previously committed to a mental institution. Because the stipulated facts, when viewed in the light most favorable to th...
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MEMORANDUM BACKGROUND: On September 18, 1998, plaintiffs Jonathon and Mary Olin commenced this action with the filing of a complaint against defendants George E. Logue, Inc. and Ward Manufacturing, Inc. (Ward). 1 Plaintiffs are husband and wife residing in Beaver Dams, Chemung County, New York. Jonathon Olin alleges negligence on behalf of defendants in causing personal injuries sustain...
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MEMORANDUM AND ORDER I. BACKGROUND » On September 22, 2000, the Plaintiff (“Hirschbiel”) filed a motion requesting that her claim be remanded back to state court. The original complaint contained sexual harassment and sexual discrimination claims pursuant to 42 U.S.C. § 2000e et seq., along with several state law claims. On September 19, 2000, the Defendants (“Joe Johnson and Fort Wayne Community ...
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MEMORANDUM Plaintiff Pilot Air Freight Corporation (“Pilot”) filed suit against Sandair, Inc. (“Sandair”), Joann Sandler (“J.Sandler”) and Eric Sandler (“E.Sandler”) (collectively referred to as “defendants” or “San-dair”), for violation of the Lanham Act (Counts I, IV, and IX), Pennsylvania and Federal Wiretapping Statutes (Counts II & III), and for state law claims includ...
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MEMORANDUM Defendant Merck and Company, Inc., has filed a motion for summary judgment in this age and race discrimination action pursuant to Rule 56 of the Federal Rules of Civil Procedure. (Document No. 15). Plaintiff did not file a response or otherwise oppose defendant’s motion. Upon consideration of defendant’s motion, and the pleadings and affidavits submitted therewith, defendant’s motion...
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118 F. Supp. 2d 546 (2000) UNITED STATES of America v. Steven SAFFER, Defendant. Crim.A. No. 00-194-02. United States District Court, E.D. Pennsylvania. October 25, 2000. *547 John J. Pease, U.S. Attorney's Office, Philadelphia, PA, for Plaintiff. Eugene J. Maurer, Jr., Wilmington, DE, for Defendant. MEMORANDUM & ORDER Katz, Senior District Judge. Defendant Steven Saffer pled guilty before t...
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MEMORANDUM AND ORDER Plaintiffs New York Transportation, Inc. (“New York Transportation” or “the company”), Igor Plotnik (“Plotnik”) and Nina Plotnik have brought this action against defendants Naples Transportation, Inc. (“Naples”), Getaway Dispatching, Inc. *385 (Getaway), Anthony Piscopo (“Piscopo”), Edward Stranz (“Stranz”) and Murray Ku-feld (“Kufeld”) alleging viola...
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OPINION AND ORDER Since every case is different, the question for a court is whether the difference makes a difference. In Barbara v. New York Stock Exchange, 99 F.3d 49 (2d Cir.1996), the Court of Appeals concluded that a lawsuit filed in state court that asserted various common law causes of action premised on alleged abuses in the conduct of the internal disciplinary pro...
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ORDER Before the Court is the defendant’s motion for summary judgment (Doc. 31). After reviewing the legal memoranda and discovery materials submitted by the parties, the Court finds that the requirements of Rule 56, Fed.R.Civ.P., are satisfied and, therefore, GRANTS summary judgment in favor of the defendant. The plaintiff, Kenneth Culley (“Culley”), was 51 years old when his em...
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ORDER This matter is before the Court on Defendants’ Motion to Dismiss (doc. 3); Plaintiffs Response (doc. 4); and Defendants’ Reply (doc. 5). In addition, the Court held a Preliminary Pretrial Confei'ence in this matter on October 19, 2000 (.see doc. 6). BACKGROUND Plaintiff Deetroy Oldham, a minor, who was born on October 20, 1984, is the son of Stephanie Young (her...
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ORDER On this day the Court considered Plaintiff, Dale Halfmann’s (“Halfmann”), Motion for Remand, filed August 10, 2000. A Response to Plaintiffs Motion for Remand was filed on August 29, 2000, by Defendant, USAG Insurance Sendees, Inc. (“USAG”), Halfmann filed a Reply to USAG’s Response on September 12, 2000. After considering all of the relevant evidence and argument, the Court GRA...
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MEMORANDUM ORDER I.Background This is an action by the United States to remedy thousands of alleged violations of the Clean Water Act, 33 U.S.C. § 1251 et seq. Defendant Allegheny Ludlum Corporation (“A-L”) owns and operates five steel mills and finishing plants. A-L’s Brackenridge and West Leechburg plants were authorized to discharge wastewater directly to local rivers, the Allegheny an...
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MEMORANDUM AND ORDER Petitioner, Gamba Rastafari, was convicted of murder in a state court trial conducted in Lake County, Indiana, and was sentenced to death by the judge conducting that trial upon the recommendation of the jury that heard the case. The *790 within petition was filed by counsel in this Court on February 4, 2000 and oral argument was heard in Lafayette, India...
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MEMORANDUM DECISION AND ORDER DISMISSING CASE FOR LACK OF SUBJECT MATTER JURISDICTION Plaintiff Anthony Tripodi commenced this action for malicious prosecution, intentional infliction of emotional distress (extreme and outrageous conduct), and violation of the Connecticut Unfair Trade Practices Act in 1996, in the District of Connecticut. 1 The complaint alleges that plaintiff ceased to be a ...
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116 F. Supp. 2d 181 (2000) LSG LUFTHANSA SERVICES, Plaintiff, v. NATIONAL MEDIATION BOARD, Defendant. No. CIV.A. 00-01226 ESH. United States District Court, District of Columbia. October 2, 2000. *182 *183 Joseph L. Manson, III, Greg Avitabile, Verner, Liipfert, Bernhard, McPherson and Hand, Chartered, Washington, DC, for Plaintiff. Thomas C. Hirt, Caroline Lewis Wolverton, U.S. Department of Jus...
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MEMORANDUM OPINION AND ORDER Plaintiff Lawrence Lewis was dismissed by his employer, NVT Technologies, Inc. (NVT), on September 30, 1998. He sued, alleging that NVT discriminated against him on the basis of his race in violation of Title VII, 42 U.S.C.2000(e) et seq., 1 and *52 that NVT violated the terms of his employment contract as embodied in N...
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120 F. Supp. 2d 73 (2000) James A. CURTIN, Margaret A. Wombacher, David J. Simmons, on behalf of themselves and all others similarly situated, Plaintiffs, v. UNITED AIRLINES, INC., Defendant. Civil Action No. 99-3056 (RCL). United States District Court, District of Columbia. October 20, 2000. *74 Leonard N. Bebchick, Washington, DC, for Plaintiffs. Frederick C. Shafrick, Timothy G. Lynch, Shea &a...
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MEMORANDUM Currently pending before the Court are defendants’ Motions to Dismiss, or in the Alternative, for Summary Judgment. 1 For the reasons set forth in this memorandum, the motions to dismiss are granted. BACKGROUND The pertinent background of this case is largely uncontested. Hakan Lans (“Lans”) filed United States Patent No. 4,303,986 (“ ’986 patent”),...
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*414 MEMORANDUM AND ORDER This matter was opened to the Court by Petitioner’s application for a writ of habeas corpus and complaint for declaratory and injunctive relief. Petitioner is in custody pending deportation and claims that he is a United States citizen. For the following reasons, Petitioner’s application will be denied. BACKGROUND Petitioner was born in Hai...
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121 F. Supp. 2d 794 (2000) UNITED STATES of America v. David Paul HAMMER. No. 4:CR-96-239. United States District Court, M.D. Pennsylvania. October 24, 2000. *795 *796 Timothy E. Fears, Terre Haute, IN, for Vigo County, Indiana. Frederick E. Martin, Office of the U.S. Attorney, Williamsport, for United States of America. David A. Ruhnke, Ruhnke & Barrett, Montclaire, NJ, Ronald C. Travis, Rie...
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113 F.Supp.2d 694 (2000) John KRISA, Plaintiff, v. The EQUITABLE LIFE ASSURANCE SOCIETY, Defendant. No. 3:CV-97-1825. United States District Court, M.D. Pennsylvania. April 6, 2000. *695 Alan M. Feldman, Feldman, Shepherd, Wohlgelernter & Herman, Philadelphia, PA, for Plaintiff. Andrew F. Susko, White and Williams, Allentown, PA, Platte B. Moring, III, Allentown, PA, for Defendant. MEMORANDU...
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MEMORANDUM OPINION Pending before the court in this defamation action is a motion to dismiss by Defendants Bobby Lee, Jerry Kindela, Weider Publications, Inc., and Weider Health & Fitness. The issues have- been fully briefed. No hearing is deemed necessary, and the court now rules pursuant to Local Rule 105.6. For the reasons set forth below, the court shall GRANT Defendants’ Motion t...
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MEMORANDUM OF DECISION AND ORDER The Court has before it the June 1, 2000 motion of defendant BellSouth Telecommunications, Inc. (“BST”) for summary judgment and the June 1, 2000 cross-motion of plaintiff Arthur Leroy Smith (“Smith”) for partial summary judgment. 1 *1214 Pursuant to the Court’s June 6, 2000 order and subsequent orders permitting additional briefs, the ...
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ORDER On September 19, 2000, this Court ordered the Government to show cause as to why Count Eight should not be dismissed because Michigan law is silent on restoration of a felon’s right to possess ammunition. For reasons set forth below, this Court deems the order to show cause satisfied. Factual and Procedural Background As set forth in this Court’s order of September 19, 2000, in 1991...
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MEMORANDUM OPINION Plaintiff, a citizen of Florida, is the holder of design patents on a number of hair accessories commonly known as “scrunchies.” She brings this contract action against Claire’s Stores, Inc. (“Stores”), a Delaware corporation headquartered in Florida, and its wholly owned subsidiary, Claire’s Boutiques, Inc. (“Boutiques”), also a Delaware corporation but headquartered i...
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MEMORANDUM Petitioner Wallace Rice has moved the Court to vacate his continuing criminal enterprise (“CCE”) conviction because the Court failed to instruct the jury in accordance with Richardson v. United States, 526 U.S. 813, 119 S.Ct. 1707, 143 L.Ed.2d 985 (1999). Richardson announced a new rule of criminal procedure. On June 1, 1999, the United States Supreme Court issued its decision ...
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MEMORANDUM & ORDER After being appointed Lead Plaintiffs, William Hayman and Arthur Hayman filed their Complaint against Telxon Corporation on September 30, 1999 for alleged violations of § 10(b) and § 20(a) of the Securities and Exchange Act of 1934. Telxon responded with a Motion to Dismiss (docket no. 15), contending that plaintiffs have failed to state with sufficient particularit...
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OPINION Defendants Ashley M. Levett (“Levett”) and Charles A.M. Vincent (“Vincent”) each move, pursuant to Rules 12(b)(2) and 12(b)(6) of the Federal Rules of Civil Procedure, for an order dismissing Plaintiffs’ Sixth Amended Consolidated Class Action Complaint and Supplemental Sixth Amended Complaint (collectively, the “Complaints”) against them for lack of personal jurisdiction, for...
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MEMORANDUM AND ORDER FACCIOLA, United States Magistrate Judge. Plaintiff, London Davis, a child, sues by her next best friend, her mother, Alison Scott, as the survivor of her father, Derrick Davis. Davis was an inmate at Correction Corporation of Anerica’s (“CCA”) facility in Ohio (“NOCC”). He was incarcerated by the District of Columbia and shipped to the CCA facility pursuant to a contract CCA ...
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OPINION GRANTING SUMMARY JUDGMENT OPINION Plaintiff filed this federal question suit against Union Local 306 (Union) and the Secretary of Labor under § 481 of the Labor Management Reporting and Disclosure Act (LMRDA) in 1997 requesting that: (1) the Secretary’s findings with respect to Plaintiffs previously filed claim against the Union’s 1995 election be declared arbitrary and c...
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ORDER OF DISMISSAL Plaintiffs, a group of disabled individuals (excluding Kelly-Greene who is the Director of the Center for Independent Living of South Florida), have raised various claims against Defendants in a nine-count Class Action Amended Complaint. Plaintiffs purport to represent a class of future disabled contest participants who cannot access or equally compete in Defendants’ contes...
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MEMORANDUM OPINION AND ORDER FACCIOLA, United States Magistrate Judge. Plaintiff has moved to allow the live video testimony of one Ronald R. Cross. I hereby grant plaintiffs motion because: (1) the defendants had adequate notice of Mr. Cross’s appearance as a live witness pursuant to plaintiffs final Fact Witness List dated August 7, 2000; (2) there is no material difference between the live test...
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■ MEMORANDUM AND ORDER This is an action for review of the defendants’ (“Brunswick’s”) denial of the plaintiffs (“Cablevision’s”) cable franchise renewal. Cablevision seeks relief under 47 U.S.C. § 546(e)(2)(A) and § 546(e)(2)(B), which are part of the Cable Communications Policy Act of 1984 (the “Act”). *660 Brunswick has moved that this Court dismiss the claim under § 546(e)(2)(A) for lac...
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ORDER THIS CAUSE is before the Court upon Defendant, Pennsylvania Life Insurance Company’s Motion for Summary Judgment on Count II of Plaintiffs Amended Complaint, filed herein on February 29, 2000. The Court has carefully reviewed the motion and is otherwise fully advised in the premises. I. BACKGROUND On August 26, 1991, Plaintiff, Melvina Amritt, purchased a disabilit...
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OPINION AND ORDER Pro se petitioner Richard Davis, a.k.a. Sedrick Perry, brings this petition for a writ of habeas corpus under 28 U.S.C. § 2254, seeking to set aside a June 25, 1996 judgment of the Supreme Court of the State of New York, New York County, convicting him of burglary in the second degree and petit larceny. Petitioner challenges his conviction on four grounds: (1) the evidence w...
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ORDER THIS CAUSE came before the Court upon Defendant’s Motion to Dismiss (D.E.5), filed March 13, 2000. THE COURT has considered the Motion, and the pertinent portions of the record, and is otherwise fully advised in the premises. I. Factual Background In November of 1996, the Plaintiff Joseph Gillis, who is blind, was hired to act as a telephone operator for the D...
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OPINION Defendants Samuel Masucci (“Masucci”) and Bear Stearns & Co., Inc. (“Bear Stearns”) (collectively, the “Defendants”) have moved to compel plaintiff Steven Marcus (“Marcus”) to arbitrate this dispute and dismissing or, alternatively, staying this action pending arbitration pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure and the Federal Arbitration A...
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ORDER GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT AGAINST PLAINTIFFS WILLIAM AND TERRY NOAH On August 24, 2000, Defendant Allstate Insurance Company (“Allstate”) filed a motion for summary judgment against Plaintiffs William and Terry Noah (collectively, “the Noahs”). The Noahs opposed the motion. The Court heard oral argument on October 16, 2000 and, having considered the papers, pl...
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MEMORANDUM OPINION This case concerns a carrier that loaded cargo into the wrong container, resulting in the shipment going to India rather than Japan. The fundamental issue is whether the carrier can invoke the so-called package limitation of liability under the Carriage of Goods by Sea Act (“COGSA”). 1 The parties consented to trial by the Court, sitting without a jury, on ...
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MEMORANDUM AND ORDER This is a case brought pursuant to the Telecommunications Act of 1996 (the *335 “TCA”). Plaintiff, New York SMSA Limited Partnership d/b/a/ Verizon Wireless f/k/a Bell Atlantic Mobile (“Plaintiff’ or “Verizon”) seeks a mandatory injunction requiring defendants (collectively the “Town”) to issue all permits necessary to allow Verizon to construct a wir...
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121 F.Supp.2d 301 (2000) XM INTERNATIONAL, INC. Plaintiff(s), v. CHINA OCEAN SHIPPING COMPANY, M/V Yong Jiang, her engines, tackle, boilers, etc., Capital Risk Concepts, Ltd., Phoenix Assurance Co. of New York, and WM. H. McGee & Co., Inc. Defendant(s). No. 96 CIV. 5912(CBM). United States District Court, S.D. New York. October 30, 2000. *302 James M. Kenny, Kenny & Stearns, New York City...
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MEMORANDUM DECISION AND ORDER GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT AND DENYING DEFENDANT’S CROSS-MOTION FOR SUMMARY JUDGMENT. Summary Peterson filed this action against Continental Casualty Company (“CNA”) seeking benefits under short- and long-term disability benefit plans established and maintained by Peterson’s former employer, CBS Broadcasting, Inc., under the Emp...
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112 F. Supp. 2d 386 (2000) Bonnie MENDELSON, Plaintiff, v. DELAWARE RIVER & BAY AUTHORITY, Defendant, Delaware River & Bay Authority, Third-Party Plaintiff, v. Saajos Oy, Oy Saajos International, Ltd., and Pelmatic Knud E. Hansen A/S, Third-Party Defendants. No. Civ.A. 98-90-GMS. United States District Court, D. Delaware. September 1, 2000. *387 Richard A. Zappa and Timothy J. Houseal of ...
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ORDER Pending before the Court in the above referenced consolidated action, alleging Defendants’ usurious “payday loans” transacted under pretext as sales of advertising, violate the Truth in Lending Act (“TILA”), 15 U.S.C. §§ 1601 et seq., as interpreted by the Federal Reserve Board in implementing Regulation Z, 12 C.R.R. § 226, the Racketeer Influenced and Corrupt Organizations Act (“RICO”) a...
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ORDER Before the Court are two motions: the State of Nevada’s Motion to Dismiss (# 2, filed March 27, 2000), brought through the Nevada Agency for Nuclear Projects, and all Defendants’ Motion to Dismiss (#3, filed March 27, 2000). The United States’ Opposition to State’s Motions to Dismiss (# 7) was filed May 12, 2000. The Nevada Agency for Nuclear Project’s Reply (# 12) was filed May 26, 2000....
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117 F. Supp. 2d 607 (2000) Gary W. ROSE, Plaintiff, v. Robert STEPHENS, Defendant. No. CIV.A. 99-77. United States District Court, E.D. Kentucky, Frankfort Division. October 25, 2000. Bernard Pafunda, Pafunda Law Office, Lexington, KY, for plaintiff. Sheryl G. Snyder, David L. Hoskins, Brown, Todd & Heyburn, P.L.L.C., Louisville, KY, for defendants. MEMORANDUM OPINION AND ORDER HOOD, Distric...
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MEMORANDUM OPINION AND ORDER This matter is before the court upon the motion of the defendants for dismissal or, in the alternative, for summary judgment [Record No. 25]; the motion is supported by a memorandum of law [Record No. 26], which has been supplemented by additional original declarations [Record No. 27]. The plaintiff has filed a response [Record No. 28], after which the defendants ...
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116 F. Supp. 2d 1028 (2000) WICOR, INC., and Subsidiaries, Plaintiff, v. UNITED STATES of America, Defendant. No. 97-C-393. United States District Court, E.D. Wisconsin. September 28, 2000. *1029 Robert E. Meldman, Steven P. Bogart, Margaret M. Derus, Reinhart Boerner Van Deuren, Norris & Rieselbach, Milwaukee, WI, for Wicor Inc., and Subsidiaries, plaintiff. Gerald B. Leedom, Dennis M. Duffy...
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ORDER ON DEFENDANT’S MOTION TO SUPPRESS Defendant Walter Graham has moved to suppress evidence obtained by the Government during a search of his vehicle by a U.S. Customs Service inspector in Ana-cortes, Washington. It is undisputed that the search was conducted without a warrant or probable cause. However, the Government argues that the search was permissible because it took place at the “func...
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MEMORANDUM In this proceeding to invalidate a political subdivision’s bond issue to benefit a private, religious university, the principal inquiry is whether the bond issue violates the Establishment Clause of the First Amendment of the United States Constitution. The court has before it motions for summary judgment filed by Defendant David Lipscomb University (“Lipscomb”), Defen...
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OPINION and ORDER Appellant/Debtor, Howard J. Weiss, appeals from a Bankruptcy Court Decision, Gallet, B.J., denying the dischargeability of a debt pursuant to 11 U.S.C. § 523(a)(2)(A) and (a)(4). In re Weiss, 235 B.R. 349 (Bankr.S.D.N.Y.1999). Appellant moves for reversal of that decision. For the reasons that follow, the decision of the bankruptcy court is AFFIRMED. I. BACKGROUND Ap...
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OPINION AND ORDER TO APPEAR This negligence action came before the Court on October 19, 2000 for final pretrial/settlement conference convened pursuant to Fed. R. Civ. Pro. 16 and Eastern District of Michigan Local Rule 16.1. Counsel for Defendant Wal-Mart appeared for said conference and was accompanied by a co-manager of the local store involved in the instant action. Fed. R. Civ. Pro. 16(a) p...
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*347 MEMORANDUM On October 29, 1998, Plaintiff/Appellant Elaine Martin appealed an Order of Bankruptcy Judge John T. Thomas, granting summary judgment on behalf of the defendants and dismissing Martin’s Adversary Complaint. Martin contends that summary judgment was inappropriate because issues of material fact remain as to (1) whether the sale of her property violated the automatic stay provi...
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ORDER THIS CAUSE came before the Court upon Defendant’s Motion for Summary Judgment (DE # 30) and Plaintiffs Cross-Motion for Summary Judgment (DE # 36). UPON CONSIDERATION of the motions, responses, and the pertinent portions of the record, and being otherwise fully advised in the premises, the Court enters the following Order. *1352 Background Plaintiff S...
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DECISION AND ORDER This Admiralty and Maritime action was originally commenced on January 14, 2000, by Plaintiff. It involves an ownership dispute over title to the historic steamtug New York (previously known, among other names, as the Catawissa). Presently before this Court is Plaintiffs motion to establish title under Local Rules of Admiralty and Maritime Claims Rule D. For the rea...
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MEMORANDUM DECISION AND ORDER DENYING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT AND DENYING DEFENDANT’S MOTION TO STRIKE PLAINTIFF’S REQUEST FOR REINSTATEMENT AND FRONT PAY. Plaintiff Erika Flores was fired by defendant Buy Buy Baby, Inc. (“BBB”) on December 31, 1998. Flores claims that BBB discriminated against her on the basis of pregnancy in violation of the Pregnancy Discrimination Act ...
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118 F. Supp. 2d 408 (2000) CHRISTIE-SPENCER CORPORATION, Plaintiff, v. HAUSMAN REALTY CO., INC., Dorothy Kahn, Nancy H. Blumenthal, and Robert Todd Lang and Stephen D. Kahn, as Executors of the Estate of Robert James Hausman, Mimi Cleaners Inc., Bernard Grossman, and Thomas Grossman, Defendants. No. 00 Civ. 7801(CM). United States District Court, S.D. New York. October 23, 2000. *409 *410 *411 St...
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124 F.Supp.2d 442 (2000) UNITED STATES of America, Plaintiff, v. CITY OF GARLAND, TEXAS, Defendant. No. Civ.A. 3:98-CV-0307-L. United States District Court, N.D. Texas, Dallas Division. October 25, 2000. Paul E. Coggins, Jr., U.S. Attorney, Katherine S. McGovern, Asst. U.S. Attorney, U.S. Attorney's Office, Dallas, TX, John M. Gadzichowski, Michael T. Kirkpatrick, Sharon A. Seeley, Sharyn A. Teja...
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109 F. Supp. 2d 513 (2000) CASH AMERICA PAWN, L.P. v. FEDERAL EXPRESS CORPORATION. No. 4:98-CV-982-E. United States District Court, N.D. Texas, Fort Worth Division. May 5, 2000. *514 Hal R. Ray, Jr., Gregory Wayne Higgins, Pope Hardwicke Christie Harrell, Schell & Kelly, Fort Worth, TX, for plaintiff. Christopher L. Kurzner, Godwin White & Gruber, Dallas, TX, Stephen R. Cochell, Federal E...
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118 F. Supp. 2d 1037 (2000) GOLDEN DAY SCHOOLS, INC., a California non-profit corporation; et al., Plaintiffs, v. Carolyn PIRILLO, an individual; et al., Defendants. No. CV00-04691DDPCTX. United States District Court, C.D. California. October 27, 2000. *1038 *1039 James P. Clark, Gregory L. Doll, Joel D. Scott, Gibson Dunn & Crutcher, Los Angeles, CA, for plaintiffs. Richard J. Rojo, CAAG Off...
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MEMORANDUM & ORDER This action is before the court on defendants’ and defendant-intervenor’s joint motion to dismiss the Amended and Supplemental Petition pursuant to Federal Rule of Civil Procedure 12(b)(6). Plaintiffs in this case are applicants for the Suffolk County Police Department who challenge a police officer examination developed and administered by Suffolk County (the “Coun...
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112 F. Supp. 2d 185 (2000) Harold L. BOWERS, d/b/a HLB Technology, Inc. Plaintiff, v. BAYSTATE TECHNOLOGIES, INC., Defendant. Civil Action No. 91-40079-NMG. United States District Court, D. Massachusetts. September 6, 2000. *186 Louis M. Ciavarra, George B. Sanders, Jr., Bowditch & Dewey, Worcester, MA, Mark P. Szpak, Ropes & Gray, Boston, MA, Robert M. Asher Lee, C. Bromberg, Robert L. K...
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112 F. Supp. 2d 189 (2000) Stephen TSE, Petitioner, v. UNITED STATES of America Respondent. Civil Action No. 99-10305-NMG. United States District Court, D. Massachusetts. September 6, 2000. *190 *191 Stephen Tse, Cumberland, MD, pro se. Susan C. Hanson-Philbrick, United States Attorney's Office, Boston, MA, for defendant. MEMORANDUM AND ORDER GORTON, District Judge. Pending before the Court are ...
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117 F. Supp. 2d 950 (2000) Toni LEITING, Plaintiff, v. GOODYEAR TIRE & RUBBER COMPANY, Defendant. No. 4:99CV3092. United States District Court, D. Nebraska. October 25, 2000. *951 *952 *953 David A. Domina, Pamela J. Dahlquist, Domina Law Office, Omaha, NE, for Plaintiff. Robert B. Evnen, Krista L. Kester, Shannon L. Doering, Craig W. Strong, Woods, Aitken Law Firm, Lincoln, NE, for Defendant...
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149 F. Supp. 2d 500 (2000) CRC PRESS, LLC, Plaintiff, v. WOLFRAM RESEARCH, INC., Stephen Wolfram, and Eric Weisstein, Defendants. No. 00-CV-2262. United States District Court, C.D. Illinois, Danville/Urbana Division. October 23, 2000. *501 James C. Kearns, Heyl, Royster, Voelker & Allen, Urbana, IL, Mitchell R. Bloomberg, Ellen M. Leibovitch, Adorno & Zeder, PA, Miami, FL, David Rabinowit...
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OPINION AND ORDER This matter came before the court on October 11, 2000, for a hearing on three pending motions: (1) SeaChange International, Inc. (“SeaChange”), an intervenor in this action, joined by Cox Communications, Inc. (“CCI”), CoxCom, Inc., and Ca-bleRep, Inc. (collectively, “the Cox Companies”), filed a motion to transfer venue from the Eastern District of Virginia to the Di...
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ORDER DENYING DEFENDANT’S MOTION TO DISMISS COUNTS FIVE, SIX, AND SEVEN OF THE THIRD SUPERSEDING INDICTMENT AND ORDER TO SHOW CAUSÉ Before this Court is Defendant Audie D. Wheeler’s Motion to Dismiss Counts Five, Six, Seven, and Eight of the [Third] Superseding Indictment with Prejudice. For reasons set forth below, this Court denies Defendant’s motion as to Counts Five, Six, and Seven, and orde...
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121 F. Supp. 2d 742 (2000) Allen EPSTEIN, Plaintiff, v. KALVIN-MILLER INTERNATIONAL, INC., Defendant. No. 96 Civ. 8158 (PKL). United States District Court, S.D. New York. November 1, 2000. *743 Jeffrey M. Bernbach, Jason Bernbach, New York City, for Plaintiff. Brian J. Clark, Clifton, Budd & DeMaria, LLP, New York City, George P. Stasiuk, Rutherford, NJ, pro hac vice, for Defendant. OPINION ...
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ORDER DISMISSING PETITION This matter having come before the Court upon petitioner’s application for ha-beas corpus relief pursuant to 28 U.S.C. § 2241, the Court having considered the submission of the petitioner, and it appearing that: 1. Petitioner, Michael A. Harris, is currently incarcerated in the Federal Correctional Institution in Fort Dix, New Jersey. 2. On June 1, 1993...
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115 F. Supp. 2d 599 (2000) MARYLAND COMMUNITY HEALTH SYSTEM, LLP v. Parris N. GLENDENING, Governor, State of Maryland and Georges Benjamin, M.D., Secretary, Maryland Department of Health and Mental Hygiene. Civil No. JFM-99-1486. United States District Court, D. Maryland. October 4, 2000. *600 James L. Feldesman, Khatereh S. Ghiladi, Feldesman, Tucker, Leifer, Fidell & Bank, Washington, DC, f...
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OPINION AND ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT AND DENYING PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT Plaintiffs have commenced an action invoking this Court’s diversity jurisdiction to recover attorney fees and expenses they paid on behalf of Dr. Martin Spartz in defending an Isabella County, Michigan lawsuit alleging assault and battery. Janet Barnes alleged in her ...
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MEMORANDUM OPINION AND ORDER Before the court is a Motion To Reconsider Summary Judgment Ruling, which *1260 was filed by Defendant Household Retail Services, Inc. (“HRSI” or “Defendant”) together with a supporting brief on August 17, 2000. 1 Ms. Canaday, as administratrix of her father’s estate and on behalf of a class of similarly situated parties, filed a Re...
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MEMORANDUM OPINION AND ORDER Before the court are two motions to dismiss, filed by both Defendants sepa *1252 rately on September 12, 2000. Plaintiffs responded on September 27, 2000. After careful consideration of the arguments of the parties, relevant law, and the record as a whole, the court finds that the motions are due to be granted in part and denied in part. ...
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124 F. Supp. 2d 1216 (2000) Robert Lee PARKER, Plaintiff, v. Robert PARKER, et al., Defendants. No. CIV. A. 99-D-472-N. United States District Court, M.D. Alabama, Northern Division. September 21, 2000. *1217 *1218 Donna Coon Crooks, Daleville, AL, for plaintiff. Robert Parker, Mulga, AL, pro se. Joseph A. Fawal, Fawal & Spina, Birmingham, AL, Bruce S. Luckman, Mark E. Kogan, Timothy P. Creec...
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OPINION AND ORDER Plaintiff Charles S. Polin moves for “Reconsideration” 1 of an Opinion and Order dated June 29, 2000, and the resulting Final Order and Judgment entered on July 26, 2000, which granted defendant Kellwood’s motion to confirm the arbitration award and the sanctions against plaintiffs counsel, and denied plaintiffs motions to vacate the opinion of the arbitra...
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121 F. Supp. 2d 248 (2000) SENECA MEADOWS, INC., et al., Plaintiffs, v. ECI LIQUIDATING, INC., Defendants. No. 95-CV-6400L. United States District Court, W.D. New York. October 26, 2000. *249 Terry M. Richman, Underberg & Kessler, Rochester, NY, Ronald G. Hull, Underberg & Kessler, Rochester, NY, for plaintiffs. Robert E. Glanville, Kevin M. Hogan, Phillips Lytle Hitchcock Blaine & Hu...
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126 F. Supp. 2d 821 (2000) Charles RUSSOLI and Marguerite Russoli, Plaintiffs, v. SALISBURY TOWNSHIP, Salisbury Township Police Department, Thomas E. Anderson, and Kevin J. Soberick, Defendants. Civil Action No. 98-2688. United States District Court, E.D. Pennsylvania. October 20, 2000. *822 *823 *824 *825 *826 *827 *828 Richard F. Stevens, Paul F. Laughlin, Stevens and Johnson, Allentown, PA, fo...
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110 F.Supp.2d 1367 (2000) FLORIDA EAST COAST RAILWAY COMPANY, a Florida corporation, Plaintiff, v. CITY OF WEST PALM BEACH, a Florida municipal corporation, Defendant. No. 00-8198. United States District Court, S.D. Florida, Northern Division. July 27, 2000. *1368 Stuart H. Singer, Boies, Schiller & Flexner LLP, Hollywood, FL, for Plaintiff Florida East Coast Ry. Claudia M. McKenna, Deputy Ci...
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ORDER This matter is before the Court on defendant’s statement of appeal (Filing No. 43) from the magistrate’s order (Filing No. 42). The plaintiff had filed a motion to compel discovery (Filing No. 25) and the defendant had filed a motion for protective order (Filing No. 29). The magistrate found that both motions should be granted in part and denied in part. Plaintiff and Dr. Dennis Jensen (“Je...
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MEMORANDUM Pending before the court is the plaintiffs Motion to Remand for lack of Subject Matter Jurisdiction (Docket No. 11) and the defendant’s Response (Docket No. 17). For the reasons stated herein, the plaintiffs motion will be GRANTED. I. Facts and Procedural History On December 13, 1998, the plaintiff was injured in an automobile accident, when the car in which h...
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OPINION AND ORDER Before the Court is a petition for post-conviction relief under 28 U.S.C. § 2255 filed by Francisco Reyes-Vejerano (“Reyes”). The five-count superseding in-dietment in his criminal case charged him with conspiring to possess heroin with intent to distribute and conspiring to make false statements in order to obtain a passport, in violation of 18 U.S.C. §§ 2 & 1542 and 21...
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116 F. Supp. 2d 1107 (2000) HICKLIN ENGINEERING, L.C., Plaintiff, v. R.J. BARTELL, Defendant. No. 4-00-CV-90398. United States District Court, S.D. Iowa, Central Division. October 18, 2000. *1108 Edmund J. Sease, Jerrrey D. Harty, Des Moines, IA, for Plaintiff. Andrew J. Bracken, Des Moines, IA, for Defendant. ORDER PRATT, District Judge. The Court has before it Defendant's Motion to Dismiss fil...
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ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS’ MOTION FOR PARTIAL SUMMARY JUDGMENT, AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT This matter comes before the Court on the parties’ cross-motions for summary judgment or partial summary judgment. After reviewing and considering the materials submitted by the parties and hearing oral argument,...
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ORDER This cause is before the Court on Defendant Parisian, Inc.’s (Parisian) Motion To Dismiss. Quincy Mall, Inc. (Quincy) sought to recover the same damages in both a bankruptcy proceeding and in this action. The Bankruptcy Court ruled adversely to Quincy on all issues. Parisian argues that Quincy’s claim in this Court is barred by res judicata. Quincy argues that res judicata is no...
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120 F. Supp. 2d 842 (2000) MEDIMATCH, INC., and International Trading & Exchange, Inc., on behalf of themselves and on behalf of a class of other similarly situated, Plaintiffs, v. LUCENT TECHNOLOGIES INC., AT & T Corporation and AT & T Capital Corporation, Defendants. No. C-99-3198 TEH. United States District Court, N.D. California. October 24, 2000. *843 *844 *845 Barry R. Himmelste...
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MEMORANDUM AND ORDER On September 20, 1999, New England Life Insurance Company (“New England”) filed this action against Raymond E. Sig-norello, Jr. (“Signorello, Jr.”) seeking re-cission and declaratory relief. In his amended counterclaim, Signorello, Jr. alleges breach of contract, breach of the covenant of good faith and fair dealing, intentional infliction of emotional distress, n...
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180 F. Supp. 2d 1 (2000) Jim J. TOZZI, et al. Plaintiffs, v. U.S. DEPT. OF HEALTH AND HUMAN SERV., et al. Defendants. No. 99CV1170. United States District Court, District of Columbia. September 30, 2000. *2 Charles J. Fromm, MultiNational Legal Services, Washington, DC, for plaintiffs. Stacy M. Ludwig, U.S. Attorney's Office, Washington, DC, for defendants. OPINION AND ORDER SULLIVAN, District J...
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DECISION and ORDER FINAL APPROVAL OF SETTLEMENT AND DISTRIBUTION OF SETTLEMENT PROCEEDS PURSUANT TO RULE 23(e) FEDERAL RULES OF CIVIL PROCEDURE *443 TABLE OF CONTENTS THE DECISION I INTRODUCTION.443 II PROCEDURE FOR EVALUATING CLAIMS .444 A. Verification of Class Membership.444 B. The Claim Process.444 C. The Evaluation Process.445 ...
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120 F. Supp. 2d 489 (2000) NATIONWIDE MUTUAL INSURANCE COMPANY, Plaintiff, v. William COSENZA, et. al., Defendants. No. Civ. A. 99-3533. United States District Court, E.D. Pennsylvania. November 2, 2000. *490 Scott J. Tredwell, James C. Haggerty, Swartz, Campbell & Detweiler, Philadelphia, PA, for plaintiff. David C. Corujo, Media, PA, David C. Corujo, Fronefield and De Furia, Media, PA, for ...
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Memorandum-Decision & Order I. BACKGROUND A. Procedural History Plaintiffs Richard Wallikas and Raymond Schaffer commenced the instant litigation against Defendants David Harder, Broome County Sheriff, in his individual and official capacities, the County of Broome (the “County”), and Gerald W. Kellar, Broome County Undersheriff, in his individual and official capacities (collectively “Defendants...
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ORDER1 DENYING PLAINTIFF’S MO- ' TION FOR SUMMARY JUDGMENT AND GRANTING CLAIMANT’S MOTION FOR SUMMARY JUDGMENT The parties’ cross-motions for summary judgment were heard on September 28, 1998. The Court has read the moving and responding papers and heard the argument of counsel. For the reasons set forth below, the Government’s motion is denied and claimant’s motion is granted. I. BACKGROUND This...
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MEMORANDUM — DECISION & ORDER Plaintiff Joann La Marco (“Plaintiff’) commenced the instant action pursuant to Title VII, 42 U.S.C. § 2000e, et seq., and the New York Human Rights Law (“HRL”), N.Y.ExecLaw. § 296, claiming that: (1) she was subjected to a hostile work environment; and (2) that she was retaliated against for engaging in protected activity. Presently before the Cou...
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OPINION This action by Brocsonic Company, Ltd. (“Brocsonic”) relates to a transoceanic shipment of electronic goods from Kobe, Japan to Santos, Brazil. Defendants Maersk, Inc., Dampskibsselskabet af 1912, Aktieselskab, and Aktieselskabet Dampsk-ibsselskabet Svendborg (collectively “Maersk”) had previously moved this Court to dismiss the Complaint for lack of subject matter jurisdiction, b...
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MEMORANDUM & ORDER SUMMARY This action was commenced on September 30, 1998, by the plaintiff, United Der-rickmen and Riggers Association, Local Union No. 197 of the International Association of Bridge, Structural and Ornamental Iron Workers, AFL — CIO (“Local 197” or “plaintiff’) against Local No. 1, Bricklayers and Allied Craftworkers, AFL — • CIO (“Local 1” or “defen...
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116 F. Supp. 2d 672 (2000) Victor A. MUNGER, et. al., Plaintiffs, v. The UNITED STATES of America, Defendant. No. Civ.A. AW-00-1408. United States District Court, D. Maryland, Southern Division. October 23, 2000. *673 J. Lee Tilson, Southfield, Michigan, Karl J. Protil, Jr., Shulman, Rogers, Gandal, Pordy & Ecker, Rockville, MD, for Plaintiffs. Allen F. Loucks, Baltimore, MD, for Defendant. ...
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ORDER AFFIRMING JUDGMENT OF THE BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF FLORIDA This cause is before the Court pursuant to a timely appeal by the UNITED STATES of a Final Judgment of the United States Bankruptcy Court for the Middle District of Florida sustaining the debtor’s objection to a Proof of Claim for Internal Revenue taxes. This Court has jurisdiction over this appeal pursuant to 28...
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MEMORANDUM OPINION The plaintiffs, Mr. Wayne Adams, Mr. John Holmes, Mr. Lloyd Brown, and Ms. Oglathia Herbert filed a complaint against the defendant, William J. Henderson, Postmaster General, United States Postal Service alleging discrimination in violation of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, et seq. Specifically, the plaintiffs, who are African-Americ...
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MEMORANDUM OPINION The parties before the Court are Bernard A. Band. M.D. (hereinafter “Plaintiff’) and Paul Revere Life Insurance Company (hereinafter “Defendant”). Plaintiff moves for summary judgment on its breach of contract claim alleging that Defendant failed to pay him 48 months of disability benefits as specified under an insurance policy. Defendant filed a cross-motion for su...
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182 F. Supp. 2d 443 (2000) UNITED STATES of America v. Jose ORTIZ No. CRIM. A. 99-256. United States District Court, E.D. Pennsylvania. October 26, 2000. *444 *445 Dennis J. Cogan, Dennis J. Cogan & Associates, Phila., PA, Arthur R. Shuman, Wyndmoor, PA, Anthony J. Petrone, Dennis J. Cogan & Associates, Phila., PA, for Jose Ortiz a/k/a Chelo, Defendant. Gregory Paw, U.S. Attorney's Office...
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*199MEMORANDUM ORDER AND OPINION This matter is an Appeal from a collateral order, or in the alternative, an interlocutory order1 of the United States Bankruptcy Court for the Northern District of Ohio entered on May 18, 1999. This Court has jurisdiction pursuant to 28 U.S.C. § 158(a). The Court reviews the Bankruptcy Court’s findings of fact using the clearly erroneous standard and its conclusio...
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MEMORANDUM OPINION AND ORDER The Court has before it plaintiffs’ motion to exclude the testimony of Warren D. Matthei, which the defendant proposes to introduce by way of deposition. The bench trial concluded on September 21, 2000, except for issues relating to Mr. Matthei’s testimony, certain proposed defense exhibits, and (depending on the Court’s rulings on those matters) possible rebuttal e...
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MEMORANDUM OPINION Sixteen competitive local exchange carriers (“CLECs”) 1 bring this severed action 2 against AT & T Corporation (“AT & T”) to collect fees allegedly owed to them pursuant to a published tariff. AT & T contends it has no obligation to pay the fees because the tariff rate is unreasonable and because AT & T never ordered the ser *681 v...
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REPORT AND RECOMMENDATION Pursuant to Local Civil Rule 72.3, this matter has been referred to me, a Magistrate Judge, for the purpose of hearing and recommendation. I, therefore, hereby issue this Report and Recommendation based upon my review of the administrative determination in this case. Facts Ms. Velma J. Martin (“Martin”) is a 64 year-old former secretary. She last worked in the ...
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ORDER Before the court is Defendant Grove’s Motion to Dismiss (# 3) based upon ERISA preemption. Plaintiff Union opposes the motion (# 8) and so do the Trust Funds (# 18), who joined the case pursu *1130 ant to this Court’s Order (# 16). Grove replied to each. (# 10, # 19). I. Factual Background Plaintiff Union originally brought this removed action in s...
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120 F. Supp. 2d 546 (2000) Akinola OBAYANJU, Petitioner. v. UNITED STATES of America, Respondent. No. CRIM WMN 96-0453, No. Civ.A. HNM 00-295. United States District Court, D. Maryland. October 30, 2000. *547 Akinola Obayanju, petitioner pro se. Lynne A. Battaglia, United States Attorney for the District of Maryland, Andrew C. White, Assistant United States Attorney, Baltimore, MD, for respondent...
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OPINION The defendants Magnetic Resonance Equipment Corporation (“MRE”) and Me-drad, Inc. (“Medrad”) have moved pursuant to 28 U.S.C. § 1404(a) for an order transferring this patent infringement action to the Western District of Pennsylva *435 nia where a declaratory judgment action raising identical issues is pending. Plaintiff Invivo Research, Inc. (“Invivo”) opposes th...
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MEMORANDUM AND ORDER Plaintiffs seek to maintain a class action against defendants Scientific Ecology Group, Inc. and H.W. “Bud” Arrowsmith, alleging violations of Securities and Exchange Commission Rule 10b-5, 17 C.F.R. § 240.10b-5, and common law fraud. The court denied defendants’ motion to dismiss. It ordered that the first phase of discovery focus on defendants’ statute of limitations defe...
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OPINION On occasion, long accepted practices are challenged under an unusual fact situation, and the instant motion for summary judgment brought by plaintiff Chiquita International Limited and Its Interested Cargo Underwriters (“CIL”) against defendant Liverpool & London Protection and Indemnity Management Limited (“L & L”), pursuant to Rule 56 of the Federal Rules *161 o...
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OPINION Table of Contents I. Preliminary Matters. 500 A. Standing to Seek Injunctive Relief © © lO B. Recoverability of Damages. CO © lO II. Discussion. 510 A. Legal Standard for Summary Judgment. © rH B. ADA Claims. t-H 1. Title II Claims Against Temple and Iowa... 1 — t t-H _ 2. Title III Claims Against the NCAA and AIC ^ t — 1 a. “By any per...
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OPINION Plaintiff, Orrin T. Skretvedt brought this claim pursuant to the Employee Retirement Income Security Act (“ERISA”), 29 U.S.C. § 1001 et seq., in an attempt to recover long term disability benefits allegedly due him under defendants’ disability plans. Before this court are plaintiffs motion to amend complaint and cross-motions for summary judgment. For the reasons expres...
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MEMORANDUM AND ORDER In this diversity case Plaintiffs seek damages arising from an on the job accident suffered by Plaintiff Richard Shannon. Richard Shannon (“Plaintiff’ or “Shannon”) seeks damages for shoulder and knee injuries. His wife, Joan Shannon, seeks damages for loss of consortium. Plaintiffs set forth claims in common law negligence as well as claims pursuant to the New Yo...
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MEMORANDUM AND ORDER This matter is before the Court on Plaintiffs Motion to Compel Disclosure and Discovery (doc. 68). The Parties indicated at the July 13, 2000 telephone status conference that Part I of the Motion, which deals with Plaintiffs First Interrogatories No. 7 and 8 and Plaintiffs Fourth Interrogatories, is moot. The Parties also indicated that Part II is moot except for the issues...
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MEMORANDUM OPINION AND ORDER This diversity case arises from the crash of a single-engine aircraft (a Piper PA 28-140) on attempted take-off from runway 06 at the Potomac Airfield in Fort Washington, Maryland, near the District of Columbia. It is alleged that the aircraft was occupied by one Hank Griffioen, a certified flight instructor for Avalon Aviation, who was in the process of giving dual...
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ORDER GRANTING PETITIONER’S MOTION FOR LEAVE TO AMEND, DENYING RESPONDENT’S MOTION TO HOLD BRIEFING IN ABEYANCE, AND GRANTING THE HABEAS, CORPUS PETITION I. Background This is a habeas corpus action under 28 U.S.C. § 2241. Petitioner Mark Tillmon is an inmate at the Federal Correctional Institution in Milan, Michigan where respondent John Hemingway is the warden. Petitioner has been con...
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118 F. Supp. 2d 806 (2000) R & D DISTRIBUTING CORP. and Ronald D. Stead, Plaintiffs, v. HEALTH-MOR INDUS., INC., Defendant. No. 98-40371. United States District Court, E.D. Michigan, Southern Division. October 31, 2000. *807 Stephen P. Afendoulis, Varnum, Riddering, Grand Rapids, MI, Kevin A. Rynbrandt, Varnum, Riddering, Grand Rapids, MI, Martha S. Sullivan, Squire, Sanders, Cleveland, OH, f...
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MEMORANDUM OF DECISION *229 TABLE OF CONTENTS I. Introduction. 229 II. Findings of Fact. 230 A. The Parties . 230 B. Labor Relations at EB. 231 C. Development of the Golden Handshake . 233 D. MTC Contract Negotiations. 236 E. Extending the Golden Handshake to Other Groups. 239 F. Inquiries to Benefits Counselors at EB . 240 III. Co...
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OPINION & ORDER This appeal arises out of a decision by the United States Bankruptcy Court for the Southern District of Ohio that imposed sanctions on Appellants Louie S. Davitan, Esquire and Theodore Davitan, Esquire, For the reasons stated below, the Court AFFIRMS the decision of the Bankruptcy Court. I. BACKGROUND Appellants are attorneys licensed to practice law in West ...
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MEMORANDUM AND ORDER McKernan, Burek and Sandwich Ship Supply sell popular novelty stickers which purport to be permits for an imaginary Cape Cod Canal Tunnel. McKernan alleges that Burek and Sandwich Ship Supply (the “defendants”) copied his Tunnel Permit and sell it as their own. McKernan asserts that the defendants’ actions violate: § 43(a) of the Lanham Act (15 U.S.C. § 1125(a)) (...
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MEMORANDUM AND ORDER I. INTRODUCTION Pursuant to 21 U.S.C. § 881(a)(4), the United States has moved for in rem forfeiture of a 1999 Ford Crown Victoria (the-“Car”). The Car was originally confiscated in connection with a search warrant issued by the Quincy District Court. After a hearing, the state court issued an order that the Car be returned to the owner, Richard May (“Mr. May”) because the C...
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MEMORANDUM OPINION AND ORDER Pending are the parties’ cross motions for summary judgment. The Court GRANTS the motion of Defendant Community Health Association, d/b/a Jackson General Hospital (Hospital). Plaintiffs motion is DENIED. I. FACTUAL AND PROCEDURAL BACKGROUND Dr. Rice and the Hospital entered into a five-year written employment agreement, which began on July 1, 1996 and was to end July...
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115 F. Supp. 2d 692 (2000) TRAVELERS PROPERTY CASUALTY CORPORATION, Plaintiff, v. Todd EBERBACH, et al., Defendants. No. CIV. A. 2:00-0062. United States District Court, S.D. West Virginia, Charleston Division. September 27, 2000. Avrum Levicoff, Brown & Levicoff, P.C., Pittsburgh, PA, for plaintiff. Arden J. Curry, II, Pauley, Curry, Sturgeon & Vanderford, Charleston, WV, for Todd Eberba...
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MEMORANDUM OPINION AND ORDER DENYING REMAND Pending is Plaintiffs’ objection to removal to federal court, which the Court considers as a motion to remand, pursuant to 28 U.S.C. § 1447(c). The motion is DENIED. Plaintiffs’ motion consists of two numbered paragraphs, the first asserting the Plaintiffs only demanded seventy thousand dollars and the second asserting the motion was timely filed....
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MEMORANDUM AND ORDER The word is out. The Supreme Court’s recent decision in Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), is making the rounds of the nation’s prisons. These two self-prepared holographic petitions are like the first spattering rain drops of the coming shower. The Court addresses these two petitions in the order in which they were filed. TI...
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ORDER Before the Court are Plaintiffs’ motions for partial summary judgment [docket entries 43, 44 and 45]. For the following reasons, the Court grants in part and denies in part Plaintiffs’ motions. I BACKGROUND Plaintiffs are the Michigan Laborers’ Health Care Fund, Michigan Laborers’ Vacation Fund, Michigan Laborers’ Training Fund, Michigan Laborers’ Pension Fund, Michigan La...
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MEMORANDUM OPINION This action is before the Court on Defendants’ motion to dismiss (Doc. No. 18) and Plaintiffs’ motion for oral argument (Doc. 29). Jurisdiction is proper in this Court pursuant to 28 U.S.C. § 1331, 28 U.S.C. § 2201, 29 U.S.C. § 185, 29 U.S.C. § 412, and 29 U.S.C. § 501. For the following reasons, Defendants’ motion to dismiss will be granted, and Plaintiffs’ motion ...
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MEMORANDUM Plaintiffs allege copyright infringement, breach of contract, defamation, and false light invasion of privacy. Jurisdiction arises under 28 U.S.C. § 1331 for the federal claim, and under 28 U.S.C. § 1367(a) for the state claims. Defendants Judy Ra-kowsky and Boston Globe Newspaper Company (“The Globe”) move for Summary Judgment on the copyright infringement, defamation, and...
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MEMORANDUM OPINION AND ORDER Pending is Defendant W.K. Marshall’s motion for summary judgment. The Court GRANTS the motion and DISMISSES the case. I. FINDINGS OF FACT On September 27, 1997 Trooper W.K. Marshall clocked Plaintiff John Russell Krider operating his vehicle at an excessive rate of speed.1 He energized his lights and siren to stop Plaintiff. Plaintiff then quickly sped away.2 After ...
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115 F. Supp. 2d 688 (2000) Odie L. REVEAL, et al., Plaintiffs, v. Douglas N. STINSON, et al., Defendants. No. Civ.A. 2:00-0467. United States District Court, S.D. West Virginia, Charleston Division. September 22, 2000. *689 Vincent J. King, Charleston, WV, for plaintiffs. Michael J. Del Guidice, Ciccarello & Del Guidice, Charleston, WV, for defendant Stinson Financial Services. R. Vance Golde...
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Memorandum and Order At the Case Management Conference of October 24, 2000, the court notified the parties that the court could not determine the merits of the defendant’s motion for summary judgment, now pending for decision, because the submissions of the parties thus far filed have been too general and lacking in specificity about factual and legal issues. If plaintiff does succeed in pers...
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120 F. Supp. 2d 134 (2000) June JOSEPH, Plaintiff, v. WENTWORTH INSTITUTE OF TECHNOLOGY, Defendant. No. CIV. A. 99-10989-MEL. United States District Court, D. Massachusetts. October 23, 2000. *135 *136 Winston Kendall, Boston, MA, for Plaintiff. Paul G. Lannon, Jr., James D. Smeallie, Sheburne, Powers & Needmas, Boston, MA, for Defendant. MEMORANDUM AND ORDER LASKER, District Judge. Joseph's...
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OPINION AND ORDER In this civil action for declaratory relief, plaintiff Scottsdale Insurance Company contends that it has no duty to defend or indemnify any of the named defendants for liability resulting from a van crash in which seven young people were killed and several more injured. Now before the court are the following motions. Defendants Monica Forgues and Nancy Ashton seek dismissal of t...
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121 F. Supp. 2d 317 (2000) Richard GRAHAM, Jose R. Figueroa, William Kanelos, and Protective Custody Status Inmates, Named and Unnamed, Housed in Fishkill Correctional Facility, Special Housing Units of O, P and Q Galleries, Individually and on Behalf of All Others Similarly Situated, Plaintiffs, v. Ada PEREZ, Deputy Superintendent of Programs, William Mazzuca, Acting Superintendent, Glenn S. Goo...
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111 F. Supp. 2d 768 (2000) PRESTERA CENTER FOR MENTAL HEALTH SERVICES, INC., et al., Plaintiffs, v. Elizabeth S. LAWTON, et al., Defendants. No. CIV.A. 2:00-0436. United States District Court, S.D. West Virginia. Charleston Division. September 12, 2000. *769 *770 *771 Charles M. Johnson, David R. Bungard, Robinson & McElwee, Charleston, WV, for Plaintiffs. Darrell V. McGraw, Jr., Attorney Gen...
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AMENDED ORDER GRANTING DEFENDANT FRIO COUNTY’S MOTION FOR SUMMARY JUDGMENT This alleged excessive force case presents an opportunity for review the state of *732 the law in these types of cases. Before the Court are defendant Frio County’s Motion for Summary Judgment (docket no. 30), plaintiffs’ response (docket no. 31) and Frio County’s reply (docket no. 32). After careful c...
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OPINION In this federal question action, Plaintiff Todd A. Porter, a bus driver whose left leg was amputated below the knee, alleges that Defendant Arthur E. Ellis, Superintendent of Public Instruction of the Michigan Department of Education, has violated Plaintiffs rights under 42 U.S.C. § 1983 and the ADA by refusing to allow Porter to continue in his employment as a public school b...
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ORDER Introduction and Summary Defendants, the County of El Dorado, et al., move the court to terminate the “in-junctive” or “prospective” relief agreed to by the parties in this jail conditions case for the primary purpose of avoiding the agreed upon jail population cap applicable to the South Lake Tahoe jail facility. After hearing, the court determined that it did not have...
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MEMORANDUM-DECISION AND ORDER I. INTRODUCTION On December 16,1997, plaintiff Shannon Malatesta (“Malatesta”) and her husband Anthony Malatesta, commenced the instant action against defendants State of New York, New York Division of State Police, Eric Moore, Robert Ashe, Town of North Greenbush, Gary Kelly, William Gonzalez, John J. Ogden, Nicholas Geor-geadis, 1 and James W. McMahon, pu...
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ORDER The above-referenced case was referred to Magistrate Judge Leslie G. Foschio pursuant to 28 U.S.C. § 636(b)(1)(B), on March 4, 1998. On September 22, 2000, Magistrate Judge Foschio filed a Report and Recommendation, recommending that defendant’s motion for summary judgment be denied, and that plaintiffs motion that defendant’s summary judgment motion be denied be dismissed as moot. ...
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121 F.Supp.2d 226 (2000) Earl STONE, Petitioner, v. James STINSON, Superintendent, Respondent. No. 98-CV-356F. United States District Court, W.D. New York. June 8, 2000. *227 *228 *229 *230 *231 Earl Stone, Comstock, NY, pro se. Frank J. Clark, District Attorney, Erie County, J. Michael Marion, Nancy A. Gilligan, Assistant District Attorneys, of counsel, Buffalo, NY, for respondent. DECISION and...
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ORDER Presently before the Court is that part of defendants Germán Bacó and Angel David Miranda’s Request for Specific Jencks and Giglio Material (docket entry 420) which has to do with statements of Mr. Jaime Rosich and other prosecution witnesses during interviews with government agents. The government responded that its witnesses “have not written statements nor adopted notes or reports writ...
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JUDGMENT This action, originally filed pursuant to 28 U.S.C. § 2241, sought to challenge the credit being given by the Bureau of Prisons for pretrial time spent under incarceration. Petitioner is serving concurrently two sentences for convictions in cases arising from the same drug conspiracy. In reply to a court order, Charluisant requested that the matter be converted to a petition under se...
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OPINION AND ORDER I. Plaintiff, Grissel García Garcia, filed this suit pursuant to the Jury System Improvements Act of 1978 (“JSIA”), 28 U.S.C. §§ 1363, 1863, 1865-66, 1869, 1871, 1875 (1994); 29 L.P.R.A. § 152 (1995); and 31 L.P.R.A. § 5141 (1990) against Defendants, Dennis Arroyo Vargas, Assistant *154Field Operations Officer of the Municipal Police of Mayagüez; Luis Castillo Valentin, Field ...
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120 F.Supp.2d 175 (2000) Ricardo NATER-LEBRON, Pedro Jose Farina-Abo, Plaintiffs, v. Donna E. SHALALA, Secretary of Health and Human Services, Defendant. Civil No. 00-1765 CCC. United States District Court, D. Puerto Rico. October 20, 2000. Luis R. Pérez-Giusti, Mignucci & Pérez-Giusti, for Plaintiffs. Sheila M. Lieber, Deputy Director, Glen Staszewski, Trial Attorney, Federal Programs Branch...
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ORDER Now before the court are two motions: the motion of defendants City of West Allis, Daniel R. Ditorrice, and Cities and Villages Mutual Insurance Company to amend their notice of removal, and plaintiffs’ competing motion to remand the case to the Circuit Court for Milwaukee County. For the reasons set forth below, the court grants defendants’ motion and denies plaintiffs’ motion. ...
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ORDER On April 3, 2000, the government filed its Objections to the Presentence Investigation Report (PSR) of defendant Félix Mendoza-Benitez (docket entry 97), seeking 1) that the calculation of the amount of loss be based on the adulterated milk delivered to the processing plant’s silos, instead of the tankers, 2) that defendant be awarded a four (4) level enhancement under U.S.S.G. § 3Bl.l(a)...
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DECISION AND ORDER GRANTING MOTION UNDER 28 U.S.C. § 2255 TO VACATE, SET ASIDE OR CORRECT SENTENCE Petitioner, Rodney Hill, was sentenced on September 17, 1999, and received a mandatory minimum term of 180 months. Hill claims that his counsel was ineffective by failing to challenge his sentencing enhancement on the ground that two convictions were counted improperly in determining his Armed Car...
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116 F. Supp. 2d 1038 (2000) Jamaal BUTLER, Plaintiff, v. OAK CREEK-FRANKLIN SCHOOL DISTRICT, Oak Creek High School Athletic Department, Mike Richmond and the Oak Creek Coach's Council, Defendants. No. 00-C-1298. United States District Court, E.D. Wisconsin. October 13, 2000. *1039 *1040 Robert E. Sutton, Milwakee, WI, for Plaintiff. Charles H. Bohl, M. Elizabeth O'Neill, Whyte Hirschboeck Dudek, ...
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MEMORANDUM REGARDING OPPOSITION TO THE REPORT AND RECOMMENDATION ON DEFENDANT’S MOTION FOR SUMMARY JUDGMENT (Docket No. 53) I. INTRODUCTION Before this court is defendant’s Motion for Summary Judgment on plaintiffs claim of discrimination in violation of Section 510 of the Employee Retirement Security Act, 29 U.S.C. § 1001 et seq. (“ERISA”). On Februa...
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OPINION THIS MATTER comes before the Court for consideration of Defendants’ motion to dismiss (Doc. 55) the fourth amended complaint filed in this case by Mary J. Downy (“Relator”). The Court has reviewed the submissions of the parties and the relevant law. For the reasons set forth below, the Court will deny the motion to dismiss. BACKGROUND This is a qui tam act...
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ORDER On August 3, 1999, the defendants were jointly indicted on charges of conspiracy to defraud an agency of the United States. The same Indictment charged defendant Glenn L. Rois with four counts of making and subscribing a false tax return. On June 1, 2000, after trial by jury, the defendants were convicted on all charges. The evidence at trial conclusively demonstrated that the defendant...
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116 F. Supp. 2d 764 (2000) Leonard BROWN, et al., Plaintiffs, v. HOWARD INDUSTRIES, INC., Defendant. No. 2:99-CV-301PG. United States District Court, S.D. Mississippi, Hattiesburg Division. October 25, 2000. *765 Paul A. Koerber, Paul A. Koerber, Attorney, Roger K. Doolittle, Doolittle and Doolittle, Jackson, MS, for Leonard Brown, Michael Gavin, Dewayne Daniels, Joe Porter, Rufus McGill, Jessie ...
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MEMORANDUM OPINION AND ORDER REGARDING THE PARTIES’ MOTIONS FOR SUMMARY JUDGMENT OR PARTIAL SUMMARY JUDGMENT [[Image here]] *903 [[Image here]] III. CONCLUSION. .941 Who pays? That question often animates legal disputes between private persons or entities, but here it animates a dispute involving an individual who has been involuntarily committed pursuant to...
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MEMORANDUM OPINION Presently before the Court are Defendants Keiper Recaro Seating, Inc., Keiper Enterprises, Inc. and Recaro North America, Inc.’s (“Keiper Recaro”) Motion for Summary Judgment (D.I.41) and Defendants Gillig Corporation and Herrick-Pacific Corporation’s (“Gillig”) Motions for Summary Judgment (D.I.44). Plaintiff filed answering briefs (D.I.49, 50) in response. Subsequ...
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109 F. Supp. 2d 1271 (2000) Raymond E. KENNEY, Plaintiff, v. State of HAWAII; Dr. Sisar Paderas, M.D.; Dr. Alan Taniguchi, M.D.; Dr. Terrance Allen, M.D.; Dr. Michael Lauer, and John Does 1-10, Defendants. Civil No. 00-00315 HG LEK. United States District Court, D. Hawaii. July 31, 2000. *1272 *1273 Max Nakata Garcia, Jack F. Schweigert, Honolulu, HI, for Raymond E. Kenney. Marie C.L. Laderta, Of...
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120 F.Supp.2d 411 (2000) Valerie DANIELS, et al., Plaintiffs, v. State of DELAWARE, et al., Defendants. No. Civ.A. 96-9-JJF. United States District Court, D. Delaware. September 29, 2000. *412 *413 *414 *415 Martin C. Meltzer, Wilmington, DE, Gerald Williams, Williams & Cuker, Philadelphia, PA, for plaintiff. Gregg E. Wilson, C. Drue Chichi, Department of Justice of the State of Delaware, *41...
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OPINION AND ORDER The uneven course of this case has taken some further odd turns. Previously the Court had held defendant Rafidain Bank (“Rafidain”) in civil contempt for failure to provide plaintiff First City, Texas-Houston, N.A. (“First City”) with discovery sought in connection with First City’s claim that co-defendant Central Bank of Iraq (“Central Bank”) was the “alter ego” of Rafidain (...
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121 F.Supp.2d 326 (2000) Valerie VENTRA, Tina Degrazia and Maria Dellicarpini, Plaintiffs, v. UNITED STATES of America, New York Bus Service and Sonia Rivera, Defendants. No. 99 Civ. 10649(SHS). United States District Court, S.D. New York. November 8, 2000. *327 Jay M. Weinstein, Woodmere, NY, for plaintiffs. Sarah S. Norman, Office of the U.S. Attorney, New York, NY, for U.S. *328 Charles D. Ono...
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OPINION AND ORDER DENYING CLASS CERTIFICATION This matter comes before the Court on Plaintiffs’ Motion for Class Certification, filed pursuant to Federal Rules of Civil Procedure 23(a) and 23(b)(2), and Defendant’s Motion in Opposition to Plaintiffs’ Motion for Class Certification.1 Plaintiffs seek to certify a class defined as: all consumers who have received or will receive, at any time on or...
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MEMORANDUM OF DECISION AND ORDER This matter is before the Court on a Motion to Dismiss filed by the defendants on October 10, 2000. Plaintiff filed a response to that motion to which defendants filed a reply on October 23, 2000.1 For the following reasons, the motion to dismiss will be granted. Discussion Given the limited number of filings, the factual basis underlying this litigation is fa...
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OPINION Plaintiffs are consumers who have filed a class action complaint alleging that Defendant Dale Baker Oldsmobile, Inc. (“Dale Baker Olds”) failed to provide them a copy of their retail installment contracts at the time of execution, allegedly in violation of the Truth in Lending Act (“TILA”), 15 U.S.C. §§ 1601 et seq., the Michigan Consumer Protection Act (“MCPA”), Mich. Comp. Laws §§ 445...
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109 F. Supp. 2d 1262 (2000) Isaac N. PAHK, Plaintiff, v. State of HAWAII; Max Otani, Individually and in his capacity as parole supervisor, Oahu Parole Section; Alfred K. Beaver, Sr., Individually and in his capacity as chairman of the Hawaii Paroling Authority; and Doe Defendants 1-20, Defendants. No. CIV.99-00849SOM/LEK. United States District Court, D. Hawai`i. July 25, 2000. *1263 *1264 Gary ...
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106 F. Supp. 2d 172 (2000) UNITED STATES of America, v. Felipe GUTIERREZ. No. 99-40026-NMG. United States District Court, D. Massachusetts. July 26, 2000. John A. Bosk, Jr., Fitchburg, MA, John T. Lu, Lowell, MA, for defendant. Michael D. Ricciuti, United States Attys. Office, Boston, MA, for U.S. MEMORANDUM & ORDER GORTON, District Judge. Defendant Felipe Gutierrez ("Gutierrez") seeks revoc...
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MEMORANDUM] Presently at issue in the above-captioned matter is plaintiff John Krisa’s demand that defendant Equitable Life Assurance Society (“Equitable”) produce drafts of reports prepared by Equitable’s expert witnesses and other documents for which Equitable claims protection under the work product doctrine, as well as correspondence between Equitable’s counsel and its expert witnesses, for w...
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111 F. Supp. 2d 65 (2000) In the Matter of Ronald S. COHEN, Acting Regional Director of the First Region of the National Labor Relations Board, for and on behalf of, the National Labor Relations Board, Plaintiff, v. SAMUEL BENT LLC, Defendant. No. CIV.A. 00-40119NMG. United States District Court, D. Massachusetts. August 11, 2000. *66 Thomas J. Morrison, Boston, MA, for Plaintiff. Michael F. Krae...
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113 F. Supp. 2d 197 (2000) James BERARD, Plaintiff, v. TOWN OF MILLVILLE, Town Executor Secretary, Mark Wyner, Timothy P. Ryan, Individually and as Chief of Police of the Town of Millville, Madeline Gauthier, and Jennifer Dean, Defendants. No. Civ.A. 99-40192-NMG. United States District Court, D. Massachusetts. September 22, 2000. *198 *199 Robert F. Cressie, Milford, MA, for Plaintiff. Margaret ...
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MEMORANDUM AND ORDER This is the second of four environmental lawsuits recently filed by individuals residing near a refinery in Coffeyville, Kansas, which is owned and operated by defendant Farmland Industries, Inc. (Farmland). 1 In this case, plaintiffs filed suit on August 3, 1999, alleging that Farmland violated emissions and reporting requirements of the Clean Air Act ...
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RULING ON DEFENDANT’S MOTION FOR SUMMARY JUDGMENT [DOC. #23] Plaintiff James Shaw (Shaw) claims that the defendant Shell Oil Products Company (Shell) terminated him in retaliation for his earlier role in the investigation of a claim of hostile work environment in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-3(a) and Conn. Gen. Stat. § 46a-60(a)(4) and (5)....
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RULING ON DEFENDANT’S MOTION TO DISMISS (Doc. #12) In his Motion to Dismiss (Doc. # 12), Defendant John M. Dean (“Johnny Dean”) seeks dismissal of this indictment on the grounds that the institution of a federal case constitutes vindictive prosecution and requests that the Court hold an evidentia-ry hearing on the pending motion. See Def.’s Mem. in Support at 4 (Doc. # 13). Legal Standard...
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MEMORANDUM AND ORDER This employment discrimination action comes before the court on defendants’ Motion for Summary Judgment (Dk. 120). This case arises out of following claims: (1) sexual harassment and retaliation in violation of the Kansas Act Against Discrimination, K.S.A. 44-1009 (“KAAD”), and Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e (“Title VII”); (2)...
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RULING ON MOTION FOR SUMMARY JUDGMENT [DOC. # 51] Plaintiff Daniel Monteiro (Monteiro) claims that the defendant United Technologies Corporation Pratt & Whitney Division (Pratt & Whitney) failed to promote him from his current position as a Labor Grade 2 welder to a Labor Grade 1 position because of his age, national origin and race in violation of federal and state law. In add...
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DEFENDANT’S (ASSOCIATES NATIONAL BANK) MOTION TO DISMISS [Doc. # 43] In this motion to dismiss, Defendant Associates National Bank (Associates) seeks to dismiss the Plaintiffs First Claim of Relief against Associates National Bank for failure to state a claim under 15 U.S.C. § 1681s-2(b) of the Fair Credit Reporting Act (FCRA). Plaintiff alleges that Experian, a consumer reporting agency,...
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RULING ON DEFENDANTS’ MOTION TO DISMISS [DOC. #21] I. FACTUAL BACKGROUND Assuming all the factual allegations in the complaint to be true, and drawing all inferences in favor of the plaintiff, the following represents the background of this case. Plaintiff Kris Johnson is a graduate student in the doctoral program at Yale University, in the School of Forestry and Environmental St...
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118 F.Supp.2d 968 (2000) ALLSTATE INSURANCE COMPANY, Plaintiff, v. Jamie N. ESTES, Defendant. No. 4:98CV2099TIA. United States District Court, E.D. Missouri, Eastern Division. August 17, 2000. *969 Robert W. Cockerham, Senior Associate, David W. Cooper, Brown and James, P.C., St. Louis, MO, for Allstate Insurance Company, plaintiffs. Preston E. Roskin, Kenneth A. Leeds, Roskin and Leeds, Clayton,...
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MEMORANDUM BACKGROUND: On October 22, 1999, petitioner Jean Patrick Michel, acting pro se, commenced this action by filing a document denominated “Motion for bond/relief under 28 U.S.C. [§] 2241.” Michel is a native and citizen of Haiti who is currently a detainee of the Immigration and Naturalization Service (INS). He is subject to a final order *486 ...
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ORDER THIS CAUSE is before the Court on: (1)Defendant, Smallwood, Reynolds, Stewart, Stewart & Associates, Inc.’s [hereinafter “Smallwood”], Dispositive Motion for Summary Judgment, (Dkt.18), filed on April 13, 2000; (2) Defendant, Smallwood’s, Memorandum in Support of Its Dispositive Motion for Summary Judgment, (Dkt.19), filed on April 13, 2000; (3) Plaintiff, Donald ...
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ORDER ON DEFENDANT’S MOTION TO STRIKE AND FOR SUMMARY JUDGMENT This cause comes before the Court on the following motions: 1. Scotty’s Inc.’s motion for summary judgment filed March 29, 2000. (Dkt.19). 2. Scotty’s Inc.’s memorandum of law in support of motion for summary judgment filed March 30, 2000. (Dkt.20). 3. Affidavit of Penny Cardwell submitted by Lucille Johnson...
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ORDER This matter is before the Court on Defendant’s Motion for Summary Judgment (doc. 11); Plaintiffs Response (doc. 14); and Defendant’s Reply (doc. 18). In addition, the Court held a hearing in this case on August 22, 2000 (doc. 19). BACKGROUND Plaintiff Rosa B. Brown brings this action against Defendant EG & G Mound Applied Technologies alleging that she was termi...
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127 F. Supp. 2d 249 (2000) EMC MORTGAGE CORPORATION Plaintiff, v. Richard John STADELMANN, City of Brockton, Massachusetts Department of Revenue, Internal Revenue Service Defendants. Civil Action No. 00-10342-JLT. United States District Court, D. Massachusetts. October 24, 2000. James A. Kelley, Adelson, Golden & Loria, P.C., Boston, MA, for EMC Mortgage Corp. Thomas L. Plouffe, City Solicito...
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RULING ON MOTION FOR RECONSIDERATION Petitioner moves for reconsideration of his motion to vacate judgment and sentence submitted pursuant to 28 U.S.C. § 2255. He argues that he attempted to amend the initial motion one day prior to the Court’s denial of said motion, but the amended motion was returned to counsel for procedural reasons. As petitioner filed a notice of appeal shortly after his...
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*201 MEMORANDUM AND ORDER ON PLAINTIFFS’ MOTION TO QUASH (#52) AND DEFENDANTS’ CROSS-MOTION TO COMPEL THE TESTIMONY OF HILARY P. BRACKEN AND MARY ELLEN DeBIASE (# 65) I. BACKGROUND FACTS AND PROCEDURAL HISTORY A. Plaintiffs’ Complaint On 9 February 1999, Plaintiffs Walter F. Sorenson, Jr., [hereinafter “Walter Sorenson”] and Sarah 0. Sorenson [hereinafter “Sarah Sorenson”], husband and wife, ...
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ORDER DISMISSING CLAIMS FOR LACK OF IN PERSONAM JURISDICTION Codefendant SPS STUDIOS, INC. (“SPS”), sued as BLUE MOUNTAIN ARTS, has moved the Court to dismiss the claims asserted against it in these proceedings alleging lack of in personam jurisdiction. The Court having reviewed the memoranda and documents submitted by the parties hereby finds petitioner’s arguments prevailing. BACKGROUND This ...
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ORDER This matter comes before the court on Plaintiff and Defendant’s Motion for Costs. For the reasons set forth below, both motions are granted. I. BACKGROUND This was a case about copyright infringement and servicemark infringement regarding a photograph taken by Plaintiff. Plaintiff claimed that Defendant used his copyrighted photograph depicting a golf club, tee, and a golf ball with the “Wi...
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ORDER Pro se prisoner Plaintiff filed a civil rights complaint pursuant to 42 U.S.C. § 1983. In his complaint, plaintiff claims that: 1. On June 20, ■ 1993, at about 10:15 a.m., Plaintiff seriously injured his back doing squats, a weight lifting exercise, at Zephyrhills Correctional Institution (Zephyrhills). 2. Suffering excruciating back pain, pain that radiate...
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ORDER Pending before the Court is Defendant Port of Houston Authority’s Renewed Motion for Judgment as a Matter of Law and Conditional Motion for New Trial. Having considered the motion, submission, and application of law, as well as the parties’ arguments at a hearing conducted before the Court on October 2, 2000, the Court determines that the motion for judgment as a matter of law should be g...
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ORDER ON MOTION TO DISMISS COMPLAINT This cause is before the Court on Defendants’ Motion to Dismiss Complaint, (Dkt.14), and Plaintiffs’ response thereto, (Dkt.16). STANDARD OF REVIEW A motion to dismiss under Federal Rule of Civil Procedure 12(b)(6) tests the sufficiency of a complaint and requests that the court determine whether the complaint sets forth su...
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DECISION AND ORDER This matter comes before the Court on a motion for summary judgment by the defendant, United Vaccines, Inc. (“UVI”). The defendant’s summary judgment motion raises the question of whether, and to what extent, the claims of the plaintiff, Mary E. Cooper (“Cooper”), are preempted by federal regulations governing animal vaccines. Also before the Court is UVTs motion for sa...
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MEMORANDUM OPINION AND ORDER Before the court is plaintiff Denise Re-nalds’ (“plaintiff’) motion to strike defendant S.R.G. Restaurant Group Chicago’s (“Defendant”) affirmative defenses. For the following reasons, the court grants in *802 part and denies in part plaintiffs motion to strike Defendant’s affirmative defenses. I. BACKGROUND Plaintiff filed a...
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ORDER ON MOTION TO TRANSFER VENUE This cause is before the Court on Defendant, David Underhill’s, Motion to Transfer Venue, (Dkt.28), and Plaintiff, Eye Care International, Inc.’s, response thereto, (Dkt.34). I. Factual Background A. Relationship Between Plaintiff and Defendant Plaintiff is a Delaware corporation, with its principal place of business in Tampa, F...
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120 F.Supp.2d 556 (2000) CONTINENTAL AIRLINES, INC., and Continental Express, Inc., Plaintiffs, v. UNITED AIR LINES, INC., and Dulles Airport Airline Management Council, Defendants. No. Civ.A. 00-684-A. United States District Court, E.D. Virginia, Alexandria Division. November 6, 2000. *557 *558 *559 Vanessa Y. Chandler, Vinson & Elkins, Washington, D.C., for plaintiffs. Andrew Abbott Nicely,...
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120 F.Supp.2d 478 (2000) Louis DANAS and Linda Danas, Plaintiffs, v. CHAPMAN FORD SALES, INC., Defendants. No. CIV. A. 99-3332. United States District Court, E.D. Pennsylvania. October 27, 2000. *479 Brett G. Mandes, Bauer & Solar, Holland, PA, for plaintiffs. Louis Rosner, Philadelphia, PA, for defendants. MEMORANDUM & ORDER ANITA B. BRODY, District Judge. Plaintiff Louis Danas ("Danas"...
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ORDER INTRODUCTION The Plaintiffs filed this action pursuant to the Federal Tort Claims Act, 28 U.S.C. § 2671, et seq., against the Defendant based upon the alleged negligence of certain employees of the Beaufort Naval Hospital. The claim arose when Mrs. Betty Smith had a mammogram at the Beaufort Naval Hospital on May 5, 1994, which indicated an abnormality, but neither she ...
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OPINION AND ORDER On December 28, 1999 plaintiffs filed a Complaint for the recovery of damages suffered as the result of a fire allegedly caused by a defective and/or malfunctioning water heater installed in their apartment. (Docket No. 1). On April 28, 2000, plaintiffs filed a First Amended Complaint to join co-defendant IMI Santón as a party to the suit. (Docket No. 8). Defendant T...
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120 F. Supp. 2d 157 (2000) Mayra MEJIAS MIRANDA, et al., Plaintiffs, v. BBII ACQUISITION CORP., et al., Defendants No. CIV. 98-1107. United States District Court, D. Puerto Rico. October 16, 2000. *158 *159 Pedro J. Manzano-Yates, Fiddler, Gonzalez & Rodriguez, San Juan, PR, for defendants. Mayra Mejias-Miranda, Mayaguez, PR, pro se. Luis E. Pabon-Roca, Faccio & Pabon Roca, San Juan, PR, ...
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121 F. Supp. 2d 179 (2000) William MAHLER, et al. v. UNITED STATES of America Nos. CIV.A. 3:95 CV 2732(SRU), 3:96 CV271(SRU) through 3:96 CV273(SRU). United States District Court, D. Connecticut. September 30, 2000. *180 *181 J. Michael Sulzbach, New Haven, CT, William M. Bloss, Jacobs, Grudberg, Belt & Dow, P.C.,