RULING ON APPEAL OF BANKRUPTCY COURT'S DECISION HAIGHT , Senior District Judge : In this bankruptcy case, Debtors Homesteads Community at Newtown, LLC ("HCN") and Nuevo Pueblo, LLC ("NP") appeal from the decision and order of Chief Judge Lorraine Murphy Weil, United States Bankruptcy Court of the District of Connecticut, approving a settlement agreement reached among the Chapter 7 Trustees of two related cases with the various interested parties. For the purposes of the appeal, the two...
RULING ON DEFENDANT'S MOTION TO DISMISS THE INDICTMENT JANET BOND ARTERTON , District Judge . Defendant Lawrence Hoskins moves [Doc. #149] to dismiss the Second Superseding Indictment [Doc. #50] ("the Indictment") charging him with conspiring to violate the Foreign Corrupt Practices Act ("FCPA"), in violation of 18 U.S.C. 371 (Count One); substantive violations of the FCPA, in violation of 15 U.S.C. 78dd-2 and 18 U.S.C. 2 (Counts Two through Seven); conspiring to launder money, in...
ORDER CHARLES S. HAIGHT, Jr., Senior District Judge. I. INTRODUCTION On September 24, 2014, Plaintiff Gabriel Perez commenced this action against Defendant Metropolitan Property and Casualty Insurance Company in the Connecticut Superior Court for the Judicial District of Hartford. Doc. [1-1]. On October 22, 2014, Defendant filed a Notice of Removal in this District, thereby removing the action to this Court on the basis of "diversity of citizenship" subject matter jurisdiction. Doc. [1] at...
ORDER DENYING MOTION TO REDUCE SENTENCE ALFRED V. COVELLO, District Judge. On May 4, 2010, this court sentenced the defendant, Victor Nieves, to a mandatory minimum term of 120 months incarceration followed by an 8-year term of supervised release for conspiracy to possess with intent to distribute 100 grams or more of heroin in violation of 21 U.S.C. 841 (a) (1), 841 (b) (1) (B), and 846. On November 10, 2014, Nieves filed the within motion seeking to reduce his term of incarceration. For...
MEMORANDUM OF DECISION ON CLAIMANT SAND INTERNATIONAL INC.'S MOTION TO DISMISS THE VERIFIED COMPLAINT WARREN W. EGINTON, Senior District Judge. The government brought this civil action in rem to enforce the provision of 18 U.S.C. 981(a)(1)(C) that provides for the forfeiture of proceeds traceable to wire fraud in violation of 18 U.S.C. 1343. The defendants are: $52,037.96 seized from account number XXXXX3161 at JPMorgan Chase held in the name of Sand International, Inc.; JPMorgan Chase...
OPINION ON RULING DENYING PLAINTIFF'S MOTION FOR A PRELIMINARY INJUNCTION CHARLES S. HAIGHT, Jr., Senior District Judge. In a Ruling in Summary Form [Doc. 100], the Court denied Plaintiff's motion for a preliminary injunction. That Ruling stated that an Opinion giving the Court's detailed reasoning would be filed subsequently. This is that Opinion. I. BACKGROUND In this action, Plaintiff Constance Bagley claims principally that Defendant Yale University ("Yale") and certain members of the...
MEMORANDUM OF DECISION MICHAEL P. SHEA, District Judge. I. Introduction Petitioner Jorge Luis Morales ("Mr. Morales") has filed a writ of habeas corpus under 28 U.S.C. 2255 1 requesting that I vacate, set aside, or correct his sentence for a number of reasons. As set forth below, I GRANT Mr. Morales's petition only as to his ineffective assistance claim stemming from his counsel's failure to appeal Mr. Morales's improperly enhanced supervised release term. The rest of his petition is...
RULING ON MOTION TO REOPEN ELLEN BREE BURNS, District Judge. Defendant John Foster ("Foster") moves to reopen his criminal judgment and for resentencing without application of the second offender enhancement. He claims he is "legally and factually innocent" of the state-court narcotics conviction that supports his 851 second offender enhancement because it was unconstitutionally obtained. For the following reasons, Foster's motion [doc. ##2402, 2414] is DENIED. Factual and Procedural...
ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT (Doc. #180) AND DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT (Doc. #179) JEFFREY ALKER MEYER, District Judge. This case concerns a dispute between plaintiff AT Engine Controls Ltd. ("ATEC") and defendant Goodrich Pump & Engine Control Systems, Inc. ("GPECS") regarding technology in a digital electronic control unit ("DECU") that is used in certain military aircraft engines. The companies are longtime business partners, and they worked...
ORDER GRANTING PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION [Dkt. #14] VANESSA L. BRYANT, District Judge. After due notice, the Court conducted an evidentiary hearing on a Motion for Preliminary Injunction filed by Colgan Financial Group, Inc. ("Plaintiff") against First 100, LLC, Jay Bloom, and Matthew Farkas ("Defendants"), at which the parties appeared personally and through counsel and offered evidence. The Court has considered the evidence introduced at the hearing, the pleadings, and...
OPINION ON RULING DENYING PLAINTIFF'S MOTION FOR A PRELIMINARY INJUNCTION CHARLES S. HAIGHT, Jr., Senior District Judge. In a Ruling in Summary Form [Doc. 100], the Court denied Plaintiff's motion for a preliminary injunction. That Ruling stated that an Opinion giving the Court's detailed reasoning would be filed subsequently. This is that Opinion. I. BACKGROUND In this action, Plaintiff Constance Bagley claims principally that Defendant Yale University ("Yale") and certain members of the...
RULING ON CROSS MOTIONS FOR SUMMARY JUDGMENT JANET BOND ARTERTON, District Judge. This is an action by Plaintiff Lawrence & Memorial Hospital for declaratory and injunctive relief against Defendants Sylvia Burwell, Secretary of the Department of Health and Human Services ("HHS"), Marilyn Tavenner, Administrator of the Centers for Medicare and Medicaid Services ("CMS"), and Robert G. Eaton, Chairman of the Medicare Geographic Classification Review Board ("MGCRB"), seeking a declaration that...
RULING ON MOTION COMPEL ARBITRATION AND DISMISS OR, IN THE ALTERNATIVE, STAY THE PROCEEDINGS CHARLES S. HAIGHT, Jr., Senior District Judge. This case is before the Court on Defendant General Electric's motion to compel arbitration pursuant to the Federal Arbitration Act, 9 U.S.C. 1, et seq., and to dismiss Plaintiff's complaint pursuant to Federal Rules of Civil Procedure 12(b)(1) or 12(b)(6), or in the alternative, to stay the proceedings pursuant to 9 U.S.C. 3 pending the completion...
RULING ON PLAINTIFF'S MOTION TO COMPEL DISCOVERY AND FOR PAYMENT OF EXPENSES AND SANCTIONS [DOC. #65] HOLLY B. FITZSIMMONS, Magistrate Judge. Pending before the Court is the motion of plaintiff Donald William Fairbanks Architect, P.C. ("plaintiff") to compel discovery responses from defendants Fairfield County Contractors, LLC, and Ewelina and Krzystof Wyszynski (collectively the "defendants"). [Doc. #65]. Plaintiff also seeks payment of its reasonable expenses in bringing this motion and...
RULING AND ORDER ROBERT N. CHATIGNY, District Judge. This is an action under the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. 1001, et seq., challenging the denial of a claim for short term disability benefits. The defendant has moved to dismiss the action on the grounds that it is untimely and the plaintiff failed to exhaust an administrative appeal procedure before commencing litigation. I agree that dismissal is required as a matter of law due to plaintiff's failure to...
RULING ON PLAINTIFFS' MOTION FOR PROTECTIVE ORDER [DOC. #48] HOLLY B. FITZSIMMONS, Magistrate Judge. Plaintiffs Mr. and Mr. Doe, by and for their minor child Jane Doe, move for a protective order to preclude defendant New Fairfield Board of Education from questioning Jane Doe about the details of prior sexual abuse. [Doc. #48]. 1 Defendant objects to plaintiffs' motion. [Doc. #52]. For the reasons that follow, plaintiffs' motion for protective order [Doc. #48] is DENIED. However, as...
RULING ON PENDING MOTIONS JANET BOND ARTERTON, District Judge. This Ruling addresses numerous pending motions on a range of matters in this case. First, Plaintiff Kenya Brown has moved [Doc. # 38] for reconsideration of the Court's Order [Doc. # 27] approving and adopting the Recommended Ruling [Doc. # 8], which dismissed Count One of the Complaint [Doc. # 1] alleging a violation of Plaintiff's First and Fourteenth Amendments claim and Count Three alleging a due process violation. For the...
MEMORANDUM OF DECISION HOLLY B. FITZSIMMONS, Magistrate Judge. Plaintiff Laura Piao brought this diversity action against defendants William Smith and Jennings Smith Investigations, Inc. ("JSI;" William Smith and JSI are collectively referred to as "defendants"), for breach of contract, breach of the implied covenant of good faith and fair dealing, violation of the Connecticut Unfair Trade Practices Act ("CUTPA"), and negligent infliction of emotional distress. Defendants counterclaimed for...
FINDINGS OF FACT AND CONCLUSIONS OF LAW JEFFREY ALKER MEYER, District Judge. Plaintiff is a bank that seeks foreclosure on the home of defendants Sonja and Johnathan Bell. The Court conducted a five-day bench trial in this matter from September 22 to September 26, 2014. For reasons set forth below, I conclude that plaintiff has proven all the requisites for a judgment of foreclosure and that the defendants' defenses are without merit. FINDINGS OF FACT On June 17, 2005, defendant Sonja Bell...
MEMORANDUM OF DECISION AND ORDER DOMINIC J. SQUATRITO , District Judge . The plaintiff, Margarite Consolmagno ("Consolmagno"), brings this action alleging unlawful employment discrimination practices by the defendants, the Hospital of St. Raphael School of Nurse Anesthesia ("St. Raphael's School"), and Anesthesia Associates of New Haven, P.C. ("Anesthesia Associates") (collectively "the School"). A third defendant, the Hospital of St. Raphael ("the Hospital"), was previously dismissed...
