RULING ON CROSS-MOTIONS FOR SUMMARY JUDGMENT Janet Bond Arterton , U.S.D.J. Plaintiff-Appellant Henry Lodge ("Plaintiff" or "Mr. Lodge") moves for an entry of summary judgment reversing a determination of the Medicare Appeals Council ("MAC") that denied Medicare Part B coverage for dental extractions and implants performed in connection with particularly devastating side-effects of radiation therapy for squamous cell cancer in Mr. Lodge's mouth. Defendant-Appellee Sylvia Mathews...
RECOMMENDED RULING ON CROSS MOTIONS HOLLY B. FITZSIMMONS , Magistrate Judge . Plaintiff Dawn S. Robinson brings this action pursuant to 42 U.S.C. 405(g), seeking review of a final decision of the Commissioner of Social Security who denied her application for Disability Insurance Benefits ("DIB") under Title II of the Social Security Act, 42 U.S.C. 401 et seq. ("the Act") and Supplemental Security Income ("SSI") under Title XVI of the Act, 42 U.S.C. 423(a)(1)(E) and 1382(a)(1)....
RULING RE: CROSS MOTIONS TO REVERSE (DOC. NO. 17) AND AFFIRM (DOC. NO. 20) THE DECISION OF THE COMMISSIONER OF SOCIAL SECURITY JANET C. HALL , District Judge . I. INTRODUCTION Plaintiff Jose Nieves ("`Nieves") has filed this action pursuant to section 405(g) of title 42 of the United States Code, seeking an Order reversing the final decision of the Commissioner of Social Security, defendant Carolyn Colvin ("Colvin"), that Nieves is not entitled to Supplemental Security Income ("SSI")...
RULING GRANTING MOTION TO REMAND TO STATE COURT JEFFREY ALKER MEYER , District Judge . To remove a case from state court to federal court, a defendant must act quickly. Within 30 days of receiving a document first alerting a defendant that a federal court would have subject-matter jurisdiction over a case that has been filed against the defendant in state court, a defendant must file a notice of removal—or else the right to remove is forever lost. See 28 U.S.C. 1446(b); Spencer v....
RULING RE: DEFENDANT'S MOTION FOR RECONSIDERATION (DOC. NO. 31) JANET C. HALL , District Judge . I. INTRODUCTION On October 28, 2016, the court granted in part and denied in part a Motion to Dismiss filed by defendant First Student, Inc. ("First Student"). See Ruling ("First Ruling") (Doc. No. 30) at 14. More specifically, the court dismissed the federal claims raised by plaintiff Jimmy Sellers ("Sellers"), while declining to exercise supplemental jurisdiction over his remaining state...
RULING ON MOTIONS TO DISMISS VICTOR A. BOLDEN , District Judge . Richard A. Rosen brings this lawsuit under the Employee Retirement Income Security Act ("ERISA") on behalf of the 401(k) Retirement Savings Plan in which he participates, as well as on behalf of other similarly situated participants (together "Plaintiffs"). 1 Mr. Rosen alleges that the following defendants violated ERISA: Prudential Retirement Insurance and Annuity Company and Prudential Bank & Trust, FSB (together "...
ORDER DENYING MOTION FOR EXTENSION OF TIME Jeffrey Alker Meyer , United States District Judge . Plaintiff has moved for an extension of time to disclose his experts and their expert reports. Because plaintiff has failed to show good cause as required by the Court's local rules for an extension of time, the Court will deny the motion. BACKGROUND Plaintiff Christopher McDaniel filed this lawsuit in November 2015 contending that police officers in the Town of Enfield used excessive force on...
RULING ON PLAINTIFF'S MOTION FOR ORDER TO RETURN LEGAL PROPERTY AND MOTION FOR LEAVE TO FILE [DOC. #292] SARAH A. L. MERRIAM , Magistrate Judge . Pending before the Court is plaintiff Charles C. Williams' ("plaintiff") Motion for Order to Return Legal Property and Motion for Leave to File. [Doc. #292]. Judge Alvin W. Thompson referred this motion to the undersigned on December 23, 2016. [Doc. #295]. For the reasons articulated below, plaintiff's Motion for Order to Return Legal Property...
RULING ON MOTION TO COMPEL AND MOTION FOR PROTECTIVE ORDER VICTOR A. BOLDEN , District Judge . Plaintiff, Vincent Bartold, has sued Defendant, Wells Fargo Bank, N.A. ("Wells Fargo"), alleging violations of the Connecticut Unfair Trade Practices Act ("CUTPA") as well as breach of contract and negligent misrepresentation, all arising out of a reverse mortgage agreement between the two parties. Compl., ECF No. 1-2. This relatively simple lawsuit has been pending since June 2014. Yet,...
RULING DENYING RELIEF DEFENDANTS' MOTION TO DISMISS CERTAIN CLAIMS IN THE SECOND AMENDED COMPLAINT Janet Bond Arterton , U.S.D.J. Plaintiff United States Securities and Exchange Commission (the "SEC") brought this civil enforcement action against Defendant Iftikar Ahmed ("Mr. Ahmed") alleging fraud in the purchase or sale of securities in violation of Section 10(b) of the Exchange Act and Rule 10b-5 (Count One); fraud in the offer or sale of securities in violation of Section 17(a) of the...
Memorandum of Decision JANET BOND ARTERTON , District Judge . Plaintiff Lance T. Christie ("Plaintiff" or "Mr. Christie") brings this action against Defendant Waterbury Police Officer Jason Prescott ("Defendant" or "Officer Prescott"), alleging that the Defendant used unreasonable force against him in the course of an arrest in violation of his Fourth Amendment rights. ( See Compl. 10 [Doc. # 1].) The Court held a one-day bench trial to address Plaintiff's claim. For the reasons...
ORDER DENYING MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUCTION VANESSA L. BRYANT , District Judge . ORDER denying [Dkt. No. 12] Motion for Temporary Restraining Order And Preliminary Injunction staying certain arbitration. Under the traditional standard governing a stay, the Court considers "(1) whether the stay applicant has made a strong showing that he is likely to succeed on the merits; (2) whether the applicant will be irreparably injured absent a stay; (3) whether...
RULING RE: PLAINTIFF'S PETITION TO COMPEL ARBITRATION (DOC. NO. 1) Janet C. Hall , United States District Judge . I. INTRODUCTION Plaintiff Doctor's Associates, Inc. ("DAI" or "Subway"), the franchiser of Subway sandwich shops in the United States, filed a Petition to Compel Arbitration (Doc. No. 1) against defendants Brian Burr and Bryn Burr (also known as Brynn Burr) (collectively, "the Burrs"). The Burrs entered an arbitration agreement with DAI, as part of two Subway Applications for...
RULING ON DEFENDANTS' MOTION TO DISMISS MICHAEL P. SHEA , District Judge . Plaintiff Alexander Adorno, currently incarcerated at the Garner Correctional Institution in Newtown, Connecticut, filed this case pro se under 42 U.S.C. 1983. By Initial Review Order filed March 8, 2016, the Court determined that the case would proceed on claims for deliberate indifference to medical and mental health needs, supervisory liability, use of excessive force, failure to protect and deliberate...
RULING RE: MOTIONS TO DISMISS (Doc. Nos. 27, 38, 40, and 42) AND MOTION TO AMEND APPORTIONMENT COMPLAINT (Doc. No. 48) JANET C. HALL , District Judge . I. INTRODUCTION The plaintiffs, Estate of A.A., by its administrator Hugo Angeles, and Ar. A., a Minor, by her father and next friend Hugo Angeles, brought this Federal Tort Claims Act (FTCA) action against the defendant and apportionment plaintiff, the United States of America ("United States"). See Compl. (Doc. No. 1). The plaintiffs...
RULING ON CROSS MOTIONS TO REMAND AND AFFIRM THE DECISION OF THE COMMISSIONER OF SOCIAL SECURITY JEFFREY ALKER MEYER , District Judge . Plaintiff Dominic Mongillo, Jr., claimed he was disabled and could not work as a result of a heart condition, hip pain, and a left arm with a limited range of motion. He has brought this action pursuant to 42 U.S.C. 405(g), seeking review of a final decision of the defendant Commissioner of Social Security, who denied plaintiff's claim for disability...
ORDER GRANTING COMMISSIONER'S CONSENT MOTION FOR ENTRY OF JUDGMENT WITH REVERSAL AND REMAND STEFAN R. UNDERHILL , District Judge . The defendant, Carolyn W. Colvin, Acting Commissioner of the Social Security Administration, has moved to enter judgment under sentence four of 42 U.S.C. 405(g), with a reversal and remand of the cause to the Commissioner for further action. Counsel for the Commissioner represents that she has contacted counsel for the plaintiff, Robert Owen Steers, who...
RULING RE: DEFENDANTS' MOTIONS TO DISMISS FOR FAILURE TO POST BOND (DOC. NOS. 202, 203, 204, 205, 207, 209) JANET C. HALL , District Judge . I. INTRODUCTION Plaintiff Eloisa Gomez Telkamp ("Telkamp") instituted this action by filing a complaint in federal court on May 14, 2015. See generally Compl. (Doc. No. 1). She subsequently filed two amended complaints in June 2015. See generally Am. Compl. (Doc. No. 5); First Am. Compl. (Doc. No. 17). In the First Amended Complaint, Telkamp...
ORDER FOR ENTRY OF DEFAULT JUDGMENT JEFFREY ALKER MEYER , District Judge . Plaintiff Pedro Ramos, III, purchased a used car from defendant GoAuto Centers of Meriden, LLC, and now sues defendant for violations of the Truth in Lending Act (TILA), violation of the Connecticut Unfair Trade Practices Act (CUTPA), and breach of contract. Defendant has failed to plead or otherwise defend in this action, and its default was entered on April 21, 2015 (Doc. #9). Plaintiff has moved for default...
MEMORANDUM OF DECISION GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT [DKT. 60] VANESSA L. BRYANT , District Judge . I. Introduction Plaintiff Foluke Owoeye, a former employee of Defendant Department of Mental Health and Addiction Services ("DMHAS"), brings this action under Title VII of the Civil Rights Act of 1964 ("Title VII"), 42 U.S.C. 2000e et seq. Ms. Owoeye alleges that she was (1) terminated based on her race, color, ethnicity, or national origin; (2) terminated in...
