RULING GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT JANET BOND ARTERTON , District Judge . This is an action by Plaintiff Thomas Beard against Defendants Town of Monroe ("the Town" or "Monroe"), Planning and Zoning Commission of the Town of Monroe ("the Commission"), and Joseph Chapman, the Zoning Enforcement Officer ("ZEO") for the Planning and Zoning Commission, alleging violations of Mr. Beard's Fourteenth Amendment right to equal protection under the law. 1 Defendants now move [...
RULING DENYING DEFENDANT'S MOTION FOR REDUCTION IN SENTENCE JANET BOND ARTERTON , District Judge . On March 7, 2007, Defendant Luis Joel Soto-Solivan pled guilty [Doc. # 248] to conspiracy to possess with intent to distribute and to distribute 5 kilograms or more of cocaine. He was sentenced [Doc. # 381] on September 27, 2007 to 262 months' imprisonment. He now moves [Doc. # 716], pursuant to Amendment 782 and 18 U.S.C. 3582(c)(2), for a reduction in his sentence. For the following...
RULING ON PLAINTIFF'S MOTION FOR FEES AND COSTS JANET BOND ARTERTON , District Judge . On October 21, 2015, after a one-day bench trial, the Court found Defendant Jian Le Chen liable to Plaintiff Fuk Lin Pau for violations of the Fair Labor Standards Act ("FLSA") and the Connecticut Minimum Wage Act ("CMWA"), and awarded Mr. Pau damages totaling $81,648.15. (Mem. of Decision [Doc. # 22] at 26.) Plaintiff now seeks [Doc. # 35] attorney's fees and costs of litigation totaling $28,980 and $1,...
RULING ON MOTIONS IN LIMINE JANET BOND ARTERTON , District Judge . Defendants Emily C. Coassin and Thomas Gibney, Co-Trustees of the Lawrence Coassin Irrevocable Trust dated 6/23/1999, move to preclude Plaintiff Principal National Life Insurance Company ("Principal") from introducing at trial: (1) medical records dated after June 2012 [Doc. # 99]; (2) the testimony of Neal Halder [Doc. # 100]; and (3) the testimony of Michelle Palmer regarding whether she would have issued the life...
RULING DENYING PETITIONER'S MOTION UNDER 2255 JANET BOND ARTERTON , District Judge . On April 6, 2010, Petitioner Rahkim Tucker pled guilty to possession of a firearm by a convicted felon, for which he was sentenced to 37 months in prison, followed by three years of supervised release. Because Mr. Tucker violated the terms of his supervised release, on September 5, 2012, the Court placed him on electronic monitoring for six months. Mr. Tucker then violated the conditions of his home...
RULING RE: PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT (DOC. NO. 26) AND DEFENDANTS' MOTION FOR SUMMARY JUDGMENT (DOC. NO. 27) JANET C. HALL , District Judge . I. INTRODUCTION This case concerns the denial of a Form I-130 Petition for Alien Relative ("I-130 Petition") filed by plaintiff Karolina Simko on behalf of plaintiff Nazar Simko. See Compl. at 1 1 (Doc. No. 1). Karolina Simko's I-130 Petition was denied by United States Citizenship and Immigration Services, and that decision was...
ORDER CHARLES S. HAIGHT, Jr. , Senior District Judge . I. INTRODUCTION Plaintiff, a former employee and Chairman of the Board of Defendant 3GTMS, Inc. ("3GTMS"), brings this action against 3GTMS and its Chief Executive Officer, Defendant Mitchell Weseley. Plaintiff brings claims under Connecticut law for breach of contract, a statutory claim for improper discharge, and common law claims for wrongful discharge and defamation. Plaintiff's claims all arise in relation to the events...
RULING ON PLAINTIFF'S MOTION FOR JOINDER AND DEFENDANT GREENSKY'S MOTION FOR SUMMARY JUDGMENT VICTOR A. BOLDEN , District Judge . Plaintiff, Elise Bentley, has brought this action seeking compensatory and punitive damages, attorney's fees and costs, and injunctive relief against various actors she believes to have been involved in an alleged scheme to defraud her. Compl. at 17, ECF No. 1. Defendants are two entities, GreenSky Trade Credit, LLC ("GreenSky"), Tri-State of Branford, LLC ("...
RULING ON DEFENDANT'S MOTION TO EXCLUDE OR, IN THE ALTERNATIVE, LIMIT TESTIMONY OF NELSON R. LIPSHUTZ, Ph.D., AN EXPERT WITNESS CHARLES S. HAIGHT, Jr. , Senior District Judge . This is a residential mortgage backed securities case, one of a current legion of such cases generically referred to as an "RMBS" case. Plaintiff Law Debenture Trust Company of New York ("Law Debenture") is the trustee of an RMBS trust. Defendant WMC Mortgage, LLC (WMC") is the originator of the mortgage loans...
RULING RE: DEFENDANTS' SECOND MOTION FOR SUMMARY JUDGMENT (DOC. NOS. 160 AND 161) JANET C. HALL , District Judge . I. INTRODUCTION This is a diversity action filed by plaintiffs Russell D. Ide ("Ide") and RIDE, Inc. ("RIDE") against defendants William E. Turner ("Turner") and APS Technology, Inc. ("APS"), which was returned to this court following the Second Circuit's decision affirming in part, vacating in part, and remanding the court's original grant of summary judgment for the...
ORDER CHARLES S. HAIGHT, Jr. , Senior District Judge . I. INTRODUCTION Plaintiff, a former employee and Chairman of the Board of Defendant 3GTMS, Inc. ("3GTMS"), brings this action against 3GTMS and its Chief Executive Officer, Defendant Mitchell Weseley. Plaintiff brings claims under Connecticut law for breach of contract, a statutory claim for improper discharge, and common law claims for wrongful discharge and defamation. Plaintiff's claims all arise in relation to the events...
RULING ON MOTION TO DISMISS WARREN W. EGINTON , Senior District Judge . In this action, plaintiffs Dennis Roberge and Kristi Roberge challenge the defendant Amica Mutual Insurance's failure to provide coverage for the damage to basement walls of their home. For the following reasons, the motion to dismiss will be denied. FACTUAL BACKGROUND For purposes of ruling on this motion to dismiss, the Court assumes that all of the factual allegations in the complaint are true. Plaintiffs assert...
RULING AND ORDER ROBERT N. CHATIGNY , District Judge . Pending are the following motions filed by the defendant: (1) a motion to strike surplusage [ECF No. 137]; (2) a motion for a bill of particulars [ECF No. 124]; (3) a motion for an order authorizing the defendant to issue subpoenas duces tecum [ECF No. 78]; (4) a motion for an order requiring the Government to produce documents [ECF No. 76]; and (5) a motion for an order directing the Government to produce a list of witnesses it...
RULING ON PLAINTIFF'S APPLICATION FOR AN AWARD OF ATTORNEY'S FEES AND EXPENSES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT [Doc. #13] SARAH A. L. MERRIAM , Magistrate Judge . Plaintiff Yesenia Roman ("plaintiff") filed an application for disability insurance benefits ("DIB") on November 17, 2011, alleging disability beginning on August 17, 2011. (Certified Transcript of the Record, Compiled on August 7, 2015 (hereinafter "Tr.") 266-71). After a hearing before an ALJ, the ALJ denied...
RULING AND ORDER ROBERT N. CHATIGNY , District Judge . Defendant Daniel Carpenter is charged in a superceding indictment with mail and wire fraud, money laundering and conspiracy to commit these offenses based on his alleged participation in a fraudulent scheme involving stranger-originated life insurance ("STOLI"). See United States v. Binday , 804 F.3d 558 (2d Cir. 2015) (affirming convictions of insurance brokers who participated in STOLI scheme). Pending are two motions filed by the...
RULING AND ORDER GRANTING PRELIMINARY INJUNCTION VICTOR A. BOLDEN , District Judge . Plaintiff, Dawn Simonsen, by her attorney-in-fact, Bruce Simonsen, filed a Motion for Issuance of a Temporary Restraining Order and Preliminary Injunction [Doc. No. 19] on October 6, 2015, to enjoin Defendant, Roderick L. Bremby, Commissioner of the Connecticut Department of Social Services, from treating two third-party trusts as available resources in determining Plaintiff's eligibility for Medicaid...
RULING ON MOTIONS FOR SANCTIONS AND TO CORRECT FILING VICTOR A. BOLDEN , District Judge . Plaintiff, Jake J. Ruffino, has two motions pending before the Court: (1) a motion for sanctions for failure to comply with a court order regarding outstanding discovery [Doc. No. 19]; and (2) a motion to correct an error in docketing the motion for sanctions [Doc. No. 20]. The motion for sanctions is DENIED; the motion to correct filing is DENIED as moot. I. Motion for Sanctions On October...
RULING DENYING CROSS-MOTIONS FOR SUMMARY JUDGMENT Jeffrey Alker Meyer , United States District Judge . Was it vandalism or was it theft That is a $2 million question that gives rise to this case about whether damages inflicted by intruders inside a vacant building are subject to coverage under the terms of a commercial insurance policy. One day in March 2013, the owner of an empty commercial building in East Hampton, Connecticut found an unwelcome surprise: intruders had broken into the...
RULING ON PLAINTIFF'S OBJECTION TO THE RECOMMENDED RULING JANET BOND ARTERTON , District Judge . Plaintiff Judson Corbit brought this action under Section 205(g) of the Social Security Act, 42 U.S.C. 405(g) and 1383(c)(3), as amended, seeking review of the final decision of Defendant, the Commissioner of Social Security, denying his Disability Insurance Benefits ("DIB") and Supplemental Security Income Benefits ("SSI"). On April 20, 2015, Magistrate Judge Margolis issued a Recommended...
ORDER OF RESTITUTION STEFAN R. UNDERHILL , District Judge . On May 11, 2012, the defendant, Peter Pinto, pleaded guilty to one count of conspiracy to commit wire fraud, bank fraud, and money laundering in violation of 18 U.S.C. 371, and one count of wire fraud in violation of 18 U.S.C. 1343. (doc. 16) Pinto then made six motions to continue sentencing (docs. 26, 35, 48, 63, 79, 88), all of which I granted. On December 17, 2013, Pinto was sentenced to two terms of imprisonment, as well...
