MEMORANDUM OPINION RICHARD J. LEON, District Judge. Plaintiffs James and Allison Halpern bring this action against AARP and AARP Services, Inc. ("AARP defendants") alleging violations of the District of Columbia Consumer Protection Procedures Act ("CPPA") and unjust enrichment. On June 7, 2010, this Court granted motions by United HealthCare Insurance Company ("United HealthCare") and AARP defendants to join United HealthCare as a defendant in this action. Currently before the Court are AARP...
MEMORANDUM OPINION THOMAS F. HOGAN, District Judge. Pending before the Court are defendant Juan Jose Martinez Vega's Motion For A New Trial [Docket No. 271] and Post-Trial Motion For Judgement Of Acquittal [Docket No. 272]. For the reasons that follow, the Court will deny the motions. The defendant contends that he entitled to a new trial pursuant to Rule 33(a) of the Federal Rules of Criminal Procedure "based on the combined effects of (1) the failure of the United States to correct the...
ORDER JACK D. SHANSTROM, Senior District Judge. Presently before the Court is the Defendant's Motion for Summary Judgment on all of Plaintiff's claims. Plaintiff has also filed a Cross-motion for Partial Summary Judgment on liability and to Strike Various Defenses. A hearing was held on the Parties' Motions. After review and consideration, the Court is prepared to render a ruling at this time. FACTUAL BACKGROUND Plaintiff Lee Paige has been an agent for the United States Drug Enforcement...
MEMORANDUM OPINION AND ORDER HENRY H. KENNEDY, JR., District Judge. In April 2010, a grand jury returned an indictment charging Shelly S. Singhal, owner and Chairman of SBI USA, LLC ("SBI"), with criminal activity in connection with stock manipulation schemes. 1 Before the Court is Singhal's motion to dismiss the indictment [#4], in which he argues that the government improperly received and used materials that should have been protected by the attorney-client privilege in investigating his...
MEMORANDUM OPINION GRANTING THE CREDITOR DEFENDANTS' MOTION FOR SUMMARY JUDGMENT; GRANTING THE GOLDBERG DEFENDANTS' MOTION FOR SUMMARY JUDGMENT RICARDO M. URBINA, District Judge. I. INTRODUCTION This matter stems from the foreclosure of a piece of real property located in Washington, D.C. The plaintiffs, Jean and Mildred Antoine, obtained a loan to purchase real property in Washington, D.C. They subsequently obtained two mortgages on the property; when the mortgages went unpaid, the...
MEMORANDUM OPINION RICHARD J. LEON, District Judge. Plaintiff Sandra Banks ("plaintiff") brings this action against defendant Michael J. Astrue, Commissioner of the Social Security Administration ("defendant" or "Commissioner") pursuant to 42 U.S.C. 405(g) (2006). Plaintiff seeks to reverse the final decision of the Commissioner, who denied plaintiffs application for disability insurance benefits. 1 Before the Court is plaintiffs Motion for Judgment of Reversal and defendant's Motion for...
MEMORANDUM OPINION RICARDO M. URBINA, District Judge. DENYING THE PETITION TO VACATE ARBITRATION AWARD I. INTRODUCTION This matter arises from an employment dispute between the petitioners, a physician and his spouse, and the physician's former employer, respondent Washington Hospital Center ("the Hospital"). On November 5, 2004, in a prior action before this court, the court dismissed the petitioners' claims against the Hospital and its fellow respondents on the grounds that those claims...
MEMORANDUM OPINION GRANTING IN PART AND DENYING IN PART PETITIONER SHALABI'S MOTION TO COMPEL MEDICAL AND PSYCHIATRIC VISITS RICARDO M. URBINA, District Judge. I. INTRODUCTION This matter is before the court on petitioner Abdul Rahman Shalabi's motion to compel the government to permit medical and psychiatric evaluations by independent physicians. The court determines that the petitioner has demonstrated that his medical and mental health conditions threaten to compromise his ability to...
MEMORANDUM OPINION RICHARD J. LEON, District Judge. Plaintiff Natresha Dawson ("Dawson") brings this action against William E. Reukauf in his official capacity as Acting Special Counsel (the "defendant"), alleging that her former employer, the Office of Special Counsel ("OSC"), violated the Whistleblower Protection Act of 1989 (the "WPA"), Pub. L. No. 101-12, 103 Stat. 16 (codified at various sections of 5 U.S.C.), Title VII of the Civil Rights Act of 1964 ("Title VII"), 42 U.S.C. 2000e...
MEMORANDUM AND ORDER ROYCE C. LAMBERTH, Chief Judge. Plaintiffs Ralph M. Marcum, Walt Maximuck, Earl L. Slusser, Dean Mori, and Conservation Force bring this action pursuant to the Administrative Procedure Act ("APA"), 5 U.S.C. 702 et al., seeking judicial review of the denial of plaintiffs' elephant trophy import applications. Before the Court is plaintiffs' Second Motion to Compel Supplementation of Administrative Record [26]. Upon consideration of the motion, the opposition, the reply...
MEMORANDUM AND ORDER ROYCE C. LAMBERTH, Chief Judge. Plaintiffs Lawrence A. Franks, Steve Sellers, George J. Brown, Charles F. Robbins, Jesse R. Flowers, Jr., Jack Atcheson, and Conservation Force bring this action pursuant to the Administrative Procedure Act ("APA"), 5 U.S.C. 702 et al., seeking judicial review of the denial of plaintiffs' elephant trophy import applications. Before the Court is plaintiffs' Second Motion to Compel Supplementation of Administrative Record [34]. Upon...
FINDINGS OF FACT AND CONCLUSIONS OF LAW COLLEEN KOLLAR-KOTELLY, District Judge. This action arises out of an alleged breach of an Administrative Services Agreement (the "Agreement") entered into by and between Plaintiff PCH Mutual Insurance Company, Inc. ("PCH") and Defendant Casualty & Surety, Inc. ("CSI"). After removing this action from the Superior Court for the District of Columbia, CSI filed a [8] Motion to Compel Arbitration and Stay Proceedings. Finding that a genuine issue was...
MEMORANDUM OPINION ROSEMARY M. COLLYER, District Judge. This matter is before the Court on Plaintiff's Motion Seeking Relief from Administrative Segregation and Defendants' Motion to Reconsider the Order Granting Plaintiff's Motion for Leave to Proceed In Forma Pauperis. The Court will deny the former and grant the latter. I. Plaintiff's Motion Seeking Relief from Administrative Segregation Since August 12, 2010, Plaintiff has been detained at the Correctional Treatment Facility ("CTF"),...
MEMORANDUM OPINION GRANTING DEFENDANT'S MOTIONS FOR SUMMARY JUDGMENT JACK D. SHANSTROM, Senior District Judge. Introduction Presently before the Court are the Federal Bureau of Investigation's (Defendant) Motions for Summary Judgment as to Plaintiffs Lilima Nagpal (Mrs. Nagpal) [Doc. No. 23] and Dr. Krishen Nagpal (Dr. Nagpal) [Doc. No. 25]. Plaintiffs are naturalized citizens of Indian national origin, practitioners of the Hindu religion, and over 70 years of age. Plaintiffs' claims arise...
MEMORANDUM OPINION GRANTING THE DISTRICT OF COLUMBIA'S MOTION TO DISMISS; GRANTING DEFENDANT CLAYTOR'S MOTION TO DISMISS; DISMISSING SUA SPONTE THE CLAIMS AGAINST DEFENDANTS AFFILIATED COMPUTER SERVICE, BABERS, BUTLER, MATTHEWS AND GLASSER RICARDO M. URBINA, District Judge. I. INTRODUCTION The pro se plaintiff has brought suit against the District of Columbia ("the District"), the D.C. Department of Motor Vehicles ("DMV"), various DMV employees and a DMV contractor, Affiliated...
MEMORANDUM OPINION EMMET G. SULLIVAN, District Judge. Plaintiff Brian Aiello, a white male over 40 who was formerly employed by Novartis Pharmaceuticals Corporation ("Novartis"), claims that his employer discriminated against him on the basis of gender and age when he was terminated in January 2007, in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq., the Age Discrimination in Employment Act ("ADEA"), 29 U.S.C. 621 et seq., and the District of Columbia...
CONSENT JUDGMENT AND DECREE PER CURIAM. 1. This action was initiated on July 8, 2010, by the Plaintiff City of Kings Mountain, North Carolina ("Kings Mountain" or "the City"), against the Defendant Attorney General of the United States and the Defendant Assistant Attorney General, Civil Rights Division (collectively the "Attorney General"). 2. Kings Mountain is a governmental entity organized under the constitution and laws of the State of North Carolina. Kings Mountain straddles two...
MEMORANDUM ORDER RICHARD J. LEON, District Judge. Petitioner Obaydullah ("petitioner" or "Obaydullah") is an Afghan detainee being held at the U.S. Naval Base at Guantanamo Bay, Cuba. He alleges that he is being unlawfully detained by Respondents President Barack H. Obama and Secretary of Defense Robert M. Gates (collectively, "respondents" or the "Government"). On September 30, 2010, this Court commenced habeas corpus proceedings for Obaydullah. That morning, counsel for both parties...
MEMORANDUM OPINION RICHARD J. LEON, District Judge. Plaintiff Trent M. Coburn ("Coburn"), a former active member of the U.S. Army, brings this lawsuit under the Administrative Procedure Act ("APA"), 5 U.S.C. 701 et seq., challenging two decisions of the Army Board for Correction of Military Records ("ABCMR") upholding his involuntary discharge under the Qualitative Management Program ("QMP"). Currently pending before the Court are defendant's Motion to Dismiss or in the Alternative, for...
MEMORANDUM OPINION [# 23, # 27, # 29, # 37] RICHARD J. LEON, District Judge. Plaintiff Theodore Roosevelt Conservation Partnership ("plaintiff or "TRCP"), a nonprofit corporation dedicated to preserving hunting and fishing, filed this action pursuant to the Administrative Procedure Act ("APA"), 5 U.S.C. 701 et seq., against defendants Ken Salazar, Secretary of the United States Department of the Interior, and the United States Bureau of Land Management ("BLM") (collectively, "federal...
