REPORT AND RECOMMENDATION 1 JAMES R. KLINDT , Magistrate Judge . I. Status Terri Lyn Roberts-Hechtman ("Plaintiff") is appealing the Commissioner of the Social Security Administration's final decision denying her claim for disability insurance benefits ("DIB"), supplemental security income ("SSI"), and disabled widow's benefits ("DWB"). Plaintiff's alleged inability to work is the result of spinal stenosis, osteoarthritis, degenerative disc disease, a "bad back," a "bad neck," "nerve...
REPORT AND RECOMMENDATION CONCERNING PLEA OF GUILTY DANIEL C. IRICK , Magistrate Judge . The Defendant, by consent, has appeared before me pursuant to Rule 11, F.R. Cr.P. and Rule 6.01(c)(12), Middle District of Florida Local Rules, and has entered a plea of guilty to Count ONE of the Indictment. After cautioning and examining the Defendant under oath concerning each of the subjects mentioned in Rule 11, I determined that the guilty plea was knowledgeable and voluntary and that the...
ORDER ELIZABETH A. KOVACHEVICH , District Judge . Pursuant to Fed. R. Crim. P. 48(a), the United States has requested leave to dismiss the Indictment against Defendant YVES VERNET, without prejudice. Leave of Court is granted and the Indictment is dismissed against Defendant YVES VERNET, in the above-captioned case, without prejudice. The Clerk of Court is directed to close the case as to Defendant YVES VERNET.
ORDER JAMES D. WHITTEMORE , District Judge . BEFORE THE COURT are Defendants Raut, LLC and Gennadi Dorochenko's Motion to Dismiss the Complaint (Dkt. 12), Plaintiff's Motion to Transfer Venue (Dkt. 18), and Raut and Dorochenko's memorandum in opposition to the motion to transfer (Dkt. 19). 1 Plaintiff did not file an opposition to the motion to dismiss. Upon consideration, the motion to dismiss the complaint (Dkt. 12) is DENIED. The motion to transfer is (Dkt. 18) is GRANTED....
ORDER JOHN ANTOON, II , District Judge . This case is before the Court on the Joint Motion for Approval of Settlement (Doc. 26). The assigned United States Magistrate Judge has submitted a Report (Doc. 27) recommending that the motion be granted. The parties have a filed a Joint Notice of Non-Objection (Doc. 28) regarding the Report. After review of the record in this matter, including the Joint Notice of Non-Objection, the Court agrees with the findings and conclusions in the Report and...
ORDER DESIGNATING CLASSIFIED INFORMATION SECURITY OFFICERS ELIZABETH A. KOVACHEVICH , District Judge . Now pending is the Government's motion for the appointment of a classified information security officer ("CISO"), pursuant to the Classified Information Procedures Act, 18 U.S.C. App. III ("CIPA") and Section 2 of the Security Procedures established under Pub. L. 96-456, 94 Stat. 2025 by the Chief Justice of the United States. Upon due consideration, the Court finds that the motion is...
ORDER ELIZABETH A. KOVACHEVICH , District Judge . This cause is before the Court on: Dkt. 840 Notice of Pending Sanctions Motions and Request for Oral Argument on DE 102 and 119 (Regions Bank, Shaw) Dkt. 858 Motion to Refer Additional Pending Sanctions Motions at DE 102 and 119 to Magistrate Judge Pizzo for Report and Recommendation (Regions Bank, Shaw) Plaintiffs Regions Bank and Robert Shaw request an order referring the pending Sanctions Motions at DE 102 and 119, which were renewed...
ORDER ELIZABETH A. KOVACHEVICH , District Judge . This cause is before the Court on: Dkt. 236 Pro Se Motion for Status of Rule 35 and Motion Directing BOP to Transfer Defendant Defendant Omar Belalcazar Garcia requests that the Court order the Government to notify Defendant whether a Rule 35(b) Motion will be filed. No Rule 35 Motion has been filed by the Government. The Court previously denied Defendant's Motion for a Rule 35, and has explained the reason. (Dkt. 226, Exh. A.). After...
ORDER JAMES D. WHITTEMORE , District Judge . BEFORE THE COURT are Defendants Raut, LLC and Gennadi Dorochenko's Motion to Dismiss the Complaint (Dkt. 12), Plaintiff's Motion to Transfer Venue (Dkt. 18), and Raut and Dorochenko's memorandum in opposition to the motion to transfer (Dkt. 19). 1 Plaintiff did not file an opposition to the motion to dismiss. Upon consideration, the motion to dismiss the complaint (Dkt. 12) is DENIED. The motion to transfer is (Dkt. 18) is GRANTED....
ORDER ELIZABETH A. KOVACHEVICH , District Judge . Pursuant to Fed. R. Crim. P. 48(a), the United States has requested leave to dismiss the Indictment against Defendant Ramiro Ortiz Velez, without prejudice. Leave of Court is granted and the Indictment is dismissed against Defendant Ramiro Ortiz Velez, in the above-captioned case, without prejudice. The Clerk of Court is directed to close the case as to Defendant Ramiro Ortiz Velez.
ORDER ELIZABETH A. KOVACHEVICH , District Judge . Pursuant to Fed. R. Crim. P. 48(a), the United States has requested leave to dismiss the Indictment against Defendant Fernandez Martinez-Gallego, without prejudice. Leave of Court is granted and the Indictment is dismissed against Defendant Fernandez Martinez-Gallego, in the above-captioned case, without prejudice. The Clerk of Court is directed to close the case as to Defendant Fernandez Martinez-Gallego.
ORDER JAMES D. WHITTEMORE , District Judge . BEFORE THE COURT is Defendants' Flores, Johnson, Miners, Price, Serles and Zeigler's, Corrected Motion for Final Summary Judgment (Dkt. 122), which Plaintiff opposes (Dkt. 125). The Motion for Summary Judgment is GRANTED. I. INTRODUCTION AND BACKGROUND Plaintiff, a Florida prisoner, filed a Second Amended Complaint (Dkt. 45) alleging that the Defendants violated his constitutional right to bodily privacy. Specifically, he alleged that...
REPORT AND RECOMMENDATION CONCERNING PLEA OF GUILTY GREGORY J. KELLY , Magistrate Judge . The Defendant, by consent, has appeared before me pursuant to Rule 11, F.R.Cr.P. and Rule 6.01(c)(12), Middle District of Florida Local Rules, and has entered a plea of guilty to Count ONE of the Indictment. After cautioning and examining the Defendant under oath concerning each of the subjects mentioned in Rule 11, I determined that the guilty plea was knowledgeable and voluntary and that the...
REPORT AND RECOMMENDATION CONCERNING PLEA OF GUILTY DANIEL C. IRICK , Magistrate Judge . The Defendant, by consent, has appeared before me pursuant to Rule 11, F.R. Cr.P. and Rule 6.01(c)(12), Middle District of Florida Local Rules, and has entered a plea of guilty to Count ONE of the Indictment. After cautioning and examining the Defendant under oath concerning each of the subjects mentioned in Rule 11, I determined that the guilty plea was knowledgeable and voluntary and that the...
REPORT AND RECOMMENDATION THOMAS G. WILSON , Magistrate Judge . The defendants, Legal Prevention Services, LLC, and Walden Asset Management, LLC, were found, by default, to have violated the Florida Consumer Collection Practices Act, the Fair Debt Collection Practices Act, and the Telephone Consumer Protection Act, while attempting to collect from the plaintiffs an alleged debt (Doc. 46; see Doc. 1). Consequently, the plaintiffs were awarded damages (Doc. 48). 1 The court retained...
ORDER JAMES D. WHITTEMORE , District Judge . BEFORE THE COURT is the Report and Recommendation submitted by the Magistrate Judge recommending that Centennial Bank's Motion for Default Judgment as to Six Junior Lienholders on Verified Complaint (Dkt. 104) be denied without prejudice (Dkt. 138). No objections have been filed and the time for doing so has passed. A district court may accept, reject or modify a magistrate judge's report and recommendation. 28 U.S.C. 636(b)(1). In the...
ORDER JOHN ANTOON, II , District Judge . This case is before the Court on Plaintiff's Unopposed Motion for Attorney's Fees (Doc. No. 19). The assigned United States Magistrate Judge has submitted a Report (Doc. 20) recommending that the motion be granted in part and denied in part. Neither party has filed an objection to the Report and Recommendation and the time to do so has passed. After a review of the file, the Court agrees with the findings of fact and conclusions of law in the...
ORDER JOHN ANTOON, II , District Judge . This cause is before the Court on a Petition for Writ of Habeas Corpus ("Petition," Doc. 1) filed pursuant to 28 U.S.C. 2254. Thereafter, Respondents filed a Response to the Petition ("Response," Doc. 12) in accordance with this Court's instructions. Petitioner filed a Reply to the Response ("Reply," Doc. 16). Petitioner alleges eleven claims for relief in the Petition. Upon due consideration of the pleadings and the state court record, the Court...
COMPLAINT CAROL MIRANDO , Magistrate Judge . COMES NOW, Plaintiff, RELIABLE MARINE TOWING AND SALVAGE LLC, Successor in interest to CHERYL SMITH d/b/a RELIABLE MARINE SALVAGE & TOWING, by and through the undersigned attorney, hereby files its Complaint against Defendants, JOHN THOMAS, in personam, and, STATE FARM FIRE AND CASUALTY COMPANY, a Foreign Corporation, in an action for non-payment of salvage services rendered to JOHN THOMAS' vessel, and Plaintiff states that: JURISDICTION AND...
ORDER ELIZABETH A. KOVACHEVICH , District Judge . This cause is before the Court on: Dkt. 526 Motion for Early Termination of Supervised Release Dkt. 528 Government's Response to Defendant's Motion for Early Termination of Supervised Release Defendant Elias Guadelupe Soto requests early termination of supervised release. On November 29, 2011, Defendant Elias Guadelupe Soto entered into a Plea Agreement as to Count One of the Superseding Information. (Dkts. 396, 399). In Count One of...
