REPORT AND RECOMMENDATION 1 JAMES R. KLINDT , Magistrate Judge . I. Status Kenneth L. Smith ("Plaintiff") is appealing the Commissioner of the Social Security Administration's final decision denying his claim for supplemental security income ("SSI"). Plaintiff's alleged inability to work is a result of a stroke, as well as difficulties with numerous activities of daily living and understanding instructions. Transcript of Administrative Proceedings (Doc. No. 15; "Tr." or "administrative...
ORDER JOHN ANTOON, II , United States District Judge . Before me is Defendant Korneal Tolliver's Amended Motion for Sentence Reduction (Doc. 133) under 18 U.S.C. 3582(c)(2) 1 and Amendment 782 of the United States Sentencing Guidelines. The motion presents two interesting issues. First, the parties dispute whether a defendant who, at the original sentencing, received a 1-level reduction under USSG 3E1.1(b) for acceptance of responsibility is entitled to that reduction if the offense...
REPORT AND RECOMMENDATION MAC R. McCOY , Magistrate Judge . TO THE UNITED STATES DISTRICT COURT This cause is before the Court on Plaintiff Nazeema Sattar's Complaint (Doc. 1) filed on January 15, 2015. Plaintiff seeks judicial review of the final decision of the Commissioner of the Social Security Administration ("SSA") denying her claims for disability, disability insurance benefits, and Supplemental Security Income. The Commissioner filed the Transcript of the proceedings (hereinafter...
REPORT AND RECOMMENDATION MAC R. McCOY , Magistrate Judge . TO THE UNITED STATES DISTRICT COURT This cause is before the Court on Relator J. Michael Mastej's Motion for Leave to File Fourth Amended Complaint (Doc. 127) filed on December 1, 2015. Defendants Health Management Association, Inc. and Naples HMA LLC filed an Opposition to Relator's Motion for Leave to File Fourth Amended Complaint (Doc. 131) on December 11, 2015. With leave of Court, Relator filed a Reply Brief to Defendants'...
REPORT AND RECOMMENDATION ANTHONY E. PORCELLI , Magistrate Judge . Plaintiff seeks judicial review of the denial of his claim for a period of disability and disability insurance benefits ("DIB"). As the Administrative Law Judge's ("ALJ") decision was based on substantial evidence and employed proper legal standards, it is recommended that the Commissioner's decision be affirmed. I. A. Procedural Background Plaintiff filed an application for a period of disability and DIB (Tr. 139-43)....
ORDER JOHN ANTOON II , District Judge . On June 25, 2014, two motor vehicles entered an intersection in Daytona Beach, Florida, and collided with one another. (Am. Compl., Doc. 21, at 2). At the time, Plaintiff Kimberly Chewning, one of the drivers, had uninsured motorist coverage through a policy ("the Policy") issued in Ohio by Defendant State Farm Mutual Automobile Insurance Company ("State Farm"). ( Id. at 3). The other driver was uninsured. ( Id. at 2). As a result of the collision,...
AMENDED JUDGMENT SUSAN C. BUCKLEW , District Judge . After application of appropriate payments from proceeds of the sale of real property located at 2128 Muskogee Trail, Nokomis, Florida, and after abatements of tax as contemplated by the parties' settlement, the defendant Walter Durniak, Jr., is indebted to the United States in the amount of $216,770.35, plus interest and statutory additions accruing from December 7, 2015. Interest shall accrue pursuant to 26 U.S.C. 6621(a)(2) and 6622.
REPORT AND RECOMMENDATION GREGORY J. KELLY , Magistrate Judge . Mark J. Welcz (the "Claimant") appeals from a final decision of the Commissioner of Social Security (the "Commissioner") denying his applications for a period of disability, disability insurance benefits, and Supplemental Security Income ("SSI"). Doc. No. 1. 1 Claimant, who was born on June 24, 1954, argues that the Administrative Law Judge (the "ALJ") erred by failing to apply the correct legal standards to the opinions of...
REPORT AND RECOMMENDATION 1 PHILIP R. LAMMENS , Magistrate Judge . Plaintiff appeals the administrative decision that denied his applications for Disability Insurance Benefits ("DIB") and Supplemental Security Income Benefits ("SSI"). Upon reviewing the record, the memoranda (Docs. 17 & 19), and the applicable law, I recommend that the Commissioner's decision be AFFIRMED under sentence four of 42 U.S.C. 405(g). I. BACKGROUND On May 9, 2011, Plaintiff filed applications for DIB and...
REPORT AND RECOMMENDATION GREGORY J. KELLY , Magistrate Judge . This cause came on for consideration without oral argument on the following motion filed herein: MOTION: JOINT MOTION FOR APPROVAL OF SETTLEMENT AGREEMENT AND FOR DISMISSAL (Doc. No. 18) FILED: September 22, 2015 THEREON it is RECOMMENDED that the motion be GRANTED, the Court APPROVE the parties' Settlement Agreement (Doc. No. 18-1), incorporate the terms of the Settlement Agreement into the Court's order of...
REPORT AND RECOMMENDATION THOMAS B. SMITH , Magistrate Judge . Plaintiff Norma E. Moody brings this action pursuant to the Social Security Act (the "Act"), as amended, 42 U.S.C. 405(g), to obtain judicial review of a final decision of the Commissioner of the Social Security Administration (the "Commissioner") denying her claim for disability insurance benefits under the Act. Upon review of the record, including the transcript of the proceedings before the administrative law judge ("ALJ")...
REPORT AND RECOMMENDATION 1 PHILIP R. LAMMENS , Magistrate Judge . The Plaintiff, Roy Sherman, alleges that during a traffic stop involving his son, where Plaintiff attempted to communicate with Marion County Sheriff Deputies Franco Porcelli and Paxton Sapp, the deputies subjected him to a false arrest and the use of excessive force—thus violating the First and Fourth Amendments to United States Constitution and state law. He seeks relief against the deputies individually, and, based on...
REPORT AND RECOMMENDATION 1 MONTE C. RICHARDSON , Magistrate Judge . THIS CAUSE is before the Court on Plaintiff's appeal of an administrative decision denying her application for period of disability and disability insurance benefits. Plaintiff alleges she became disabled on January 8, 2003. A hearing was held before the assigned Administrative Law Judge ("ALJ") on June 6, 2013, at which Plaintiff was represented by an attorney. (Tr. 43-72.) By a decision dated June 14, 2013, the ALJ...
REPORT AND RECOMMENDATION MAC R. MCCOY , Magistrate Judge . TO THE UNITED STATES DISTRICT COURT This cause is before the Court on the Order (Doc. 7) entered on December 8, 2015. Plaintiff Robert Heim filed a Complaint (Doc. 1) on October 30, 2015. Plaintiff also filed an Affidavit of Indigency (Doc. 2) requesting that the Court permit him to proceed without prepaying the filing fee and costs. On November 3, 2015, the Court entered an Order (Doc. 3) denying without prejudice Plaintiff's...
REPORT AND RECOMMENDATION 1 CAROL MIRANDO , Magistrate Judge . Before the Court is the parties' Joint Motion for Approval of Settlement (Doc. 16). The parties provided copies of the Settlement Agreements for the Court's review. Docs. 16-1, 16-2, 16-3. The parties request that the Court approve the parties' settlement of the Fair Labor Standards Act ("FLSA") claim. To approve the settlement, the Court must determine whether the settlement is a "fair and reasonable resolution of a bona...
REPORT AND RECOMMENDATION THOMAS B. McCOUN, III , Magistrate Judge . THIS MATTER is before the Court on referral for a Report and Recommendation on Plaintiff Axiom Worldwide's Motion for Preliminary Injunction to Freeze Assets of Defendant Musallam, Excite Medical of Tampa Bay, LLC, Eltech USA, and its Principal Mr. Ilya Marder, and Eltech Capital, LLC (Doc. 738), Defendants Excite Medical Corp, Saleem Musallam, and Eltech USA, LLC's joint response (Doc. 747). For the reasons set out...
REPORT AND RECOMMENDATION THOMAS B. SMITH , Magistrate Judge . Pending before the Court is Defendant's Renewed Motion to Dismiss Counts III, IV, V, and VI of the Amended Complaint (Doc 26). Plaintiff has filed a response in opposition to the motion (Doc. 27). After due consideration, I respectfully recommend that the motion be GRANTED. I. Background Plaintiff filed a six-count complaint in state court against his former employer, Defendant Space Coast Credit Union for alleged...
REPORT AND RECOMMENDATION DAVID A. BAKER , Magistrate Judge . TO THE UNITED STATES DISTRICT COURT: This cause came on for consideration without oral argument on the following motion filed herein: MOTION: JOINT MOTION FOR APPROVAL OF FLSA SETTLEMENT AGREEMENT (Doc. No. 47) FILED: December 16, 2015 THEREON it is RECOMMENDED that the motion be GRANTED. The matter has been referred by the District Judge to determine whether the settlement is a "fair and reasonable resolution of a...
REPORT AND RECOMMENDATION MAC R. McCOY , Magistrate Judge . TO THE UNITED STATES DISTRICT COURT This cause comes before the Court on the Joint Motion to Approve the Parties' Settlement (Doc. 15) and Settlement Agreement and Full and Final Release of All Claims (Doc. 15-1) filed on December 15, 2015. Plaintiff Pablo Hernandez and Defendant Cable Television Installation & Service, LLC request that the Court approve the parties' settlement of the Fair Labor Standards Act ("FLSA") claim....
REPORT AND RECOMMENDATION DAVID A. BAKER , Magistrate Judge . TO THE UNITED STATES DISTRICT COURT This cause came on for consideration without oral argument on the following motion filed herein: MOTION: RENEWED MOTION FOR ATTORNEYS' FEES (Doc. No. 131) FILED: October 13, 2015 _____________________________________________________________ THEREON it is RECOMMENDED that the motion be DENIED. Following summary judgment in its favor, Ford seeks an award of $172,454.00, in attorneys'...
