STIPULATION [AND PROPOSED ORDER] CONCERNING THE APPLICABILITY TO THIS ACTION OF MAGISTRATE JUDGE NEIMAN'S OCTOBER 17, 2012 ORDER REGARDING PLAINTIFF'S MOTION TO STRIKE CERTAIN DEFENSES MICHAEL A. PONSOR, District Judge. WHEREAS, on April 26, 2012, Magistrate Judge Neiman recused himself from the above-captioned matter (the "Action") (Dkt. No. 43); WHEREAS, on May 9, 2012, Plaintiff Massachusetts Mutual Life Insurance Company ("MassMutual") filed a Motion to Strike Certain Purported Defenses...
STIPULATION AND ORDER REGARDING ENFORCEMENT OF JUDGMENT IN THIS ACTION MICHAEL A. PONSOR, District Judge. AngioDynamics, Inc. ("AngioDynamics") and Biolitec, Inc. ("Biolitec") have agreed to the following judgment in the above-captioned case in favor of AngioDynamics (the "MA Domesticated Judgment"): "Judgment for the Plaintiff in the sum of $23,156,287.00 plus post-judgment interest at the rate of 0.18% per annum from November 8, 2012, the date of the judgment in AngioDynamics, Inc. v....
ORDER RICHARD G. STEARNS, District Judge. AND NOW, this ___ day of ___, 2012, upon agreement of the plaintiffs and defendants Gregory Campbell and Jane E. Pinkas, as Administrator of the Estate of Robert Pinkas, and having reviewed and considered their agreement, it is hereby ORDERED that the attached "Confidentiality Agreement Between Plaintiffs and Defendants Gregory Campbell and Jane E. Pinkas, as Administrator of the Estate of Robert Pinkas with Respect to Discovery," is approved and...
MEMORANDUM AND ORDER WOLF, District Judge. I. INTRODUCTION This case involves the United States Navy's obligations to protect four whale species (the "Federally Protected Whales") under the Endangered Species Act (the "ESA"), 16 U.S.C. 1531 et seq. Plaintiff Richard Max Strahan, proceeding pro se, seeks declaratory and injunctive relief against the defendants, Admiral Gary Roughead and Secretary Raymond E. Mabus of the United States Navy, and Leon Panetta, the Secretary of the United...
MEMORANDUM AND ORDER WOLF, District Judge. Richard Max Strahan is a pro se plaintiff seeking declaratory and injunctive relief against the defendants (collectively "the Navy"). Defendants' Renewed Motion to Dismiss is fully briefed and pending before the court. See Defendants' Supp. Mem. of Points and Auth. in Supp. of Mot. of Dismissal (Docket No. 71); Mot. to Dismiss for Lack of Subject Matter Jurisd. Pursuant to Fed.R.Civ.P. 12(b)(1) (Docket No. 25); Plaintiff's Opp. to Defendants'...
STIPULATION [AND PROPOSED ORDER] CONCERNING THE APPLICABILITY TO THIS ACTION OF MAGISTRATE JUDGE NEIMAN'S OCTOBER 17, 2012 ORDER REGARDING PLAINTIFF'S MOTION TO STRIKE CERTAIN DEFENSES MICHAEL A. PONSOR, District Judge. WHEREAS, on April 26, 2012, Magistrate Judge Neiman recused himself from the above-captioned matter (the "Action") (Dkt. No. 43); WHEREAS, on May 9, 2012, Plaintiff Massachusetts Mutual Life Insurance Company ("MassMutual") filed a Motion to Strike Certain Purported Defenses...
MEMORANDUM AND ORDER ON DEFENDANTS' MOTION TO DISMISS SAYLOR, District Judge. This is an action for declaratory judgment concerning the existence of insurance coverage. Plaintiff CE Design Ltd. seeks a declaration that American Economy Insurance Company has a duty to defend and to indemnify defendant Ernida, LLC in a pending state-court action in Illinois. Jurisdiction is based on diversity of citizenship. Plaintiff CE is an Illinois corporation with a principal place of business in...
MEMORANDUM AND ORDER RE: MOTION FOR PARTIAL SUMMARY JUDGMENT FOR FAILURE TO PROVE PROXIMATE CAUSATION (DOCKET ENTRY # 324); MOTION TO STRIKE EXHIBITS TO PLAINTIFFS' OPPOSITION TO MOTION FOR PARTIAL SUMMARY JUDGMENT FOR FAILURE TO PROVE PROXIMATE CAUSATION (DOCKET ENTRY # 337) BOWLER, United States Magistrate Judge. Defendant Eli Lilly and Company ("Lilly") moves for summary judgment on a negligent failure to warn claim in the second amended complaint (Count I). (Docket Entry # 324). Lilly...
MEMORANDUM AND ORDER ON THE PARTIES' CROSS MOTIONS FOR SUMMARY JUDGMENT STEARNS, District Judge. Plaintiff Raymond C. McArdle brought this action against his former employer, the Town of Dracut/Dracut Public Schools, and three employees of the school system, alleging a violation of his rights under the Family Medical Leave Act (FMLA), 29 U.S.C. 2601 et seq. (Count I), intentional infliction of emotional distress (Count II), and interference with advantageous business relations (Count III)...
MEMORANDUM & ORDER YOUNG, District Judge. I. INTRODUCTION Tahar Ahmed ("Ahmed") brings this action against Janet Napolitano ("Napolitano"), Secretary of the U.S. Department of Homeland Security, claiming that he was denied a promotion to a deportation officer position based on his race (Arab), national origin (Algeria), and religion (Muslim) in violation of Title VII of the Civil Rights Act of 1964. Napolitano now moves for summary judgment, arguing that Ahmed was not an applicant when...
MEMORANDUM TAURO, District Judge. I. Introduction In its fifteen-count Amended Complaint, Plaintiff Atlantic Acquisitions, LLC ("Plaintiff") brings two counts under the Racketeer Influenced and Corrupt Organizations Act ("RICO") against Defendants James Reid, Eric Reid, and Reid Commodities, LLC ("RICO Defendants"). Plaintiff alleges that RICO Defendants engaged in a fraudulent scheme to divert and conceal profits from a contract ("Project Agreement") for the demolition and salvage work...
MEMORANDUM AND ORDER REGARDING EMERGENCY MOTION FOR RECONSIDERATION OF PRELIMINARY INJUNCTION ORDER (Dkt. No. 144) PONSOR, District Judge. I. INTRODUCTION This case arises out of a Supply and Distribution Agreement in which Defendant Biolitec, Inc. ("BI"), a subsidiary of Defendant Biolitec AG ("BAG"), agreed to defend and indemnify Plaintiff AngioDynamics, Inc. against any third-party patent infringement claims arising out of the marketing and distribution of Defendants' products. In...
MEMORANDUM OF DECISION AND ORDER ON DEFENDANT'S MOTION TO DISMISS COUNT V (FRAUD) OF COMPLAINT FOR DAMAGES DEIN, United States Magistrate Judge. I. INTRODUCTION This action arises out of an agreement pursuant to which the plaintiff, Bryan Corporation ("Bryan Corp."), agreed to purchase the pharmaceutical ingredient Tobramycin Sulfate ("TS") from the defendant ChemWerth, Inc. ("ChemWerth"). Bryan Corp. claims that in order to induce it to purchase TS from ChemWerth and to develop...
MEMORANDUM AND ORDER ON DEFENDANT'S MOTION TO DISMISS F. DENNIS SAYLOR IV, District Judge. This is an action for a declaratory judgment that plaintiff EMC Corporation has not infringed three patents owned by defendant Parallel Iron, LLC. This is the second-filed of two suits between plaintiff and defendant concerning these three patents. One day before this suit was filed, Parallel Iron sued EMC for patent infringement in the United States District Court for the District of Delaware. EMC...
MEMORANDUM AND ORDER RE: QUALIFIED IMMUNITY MARIANNE B. BOWLER, United States Magistrate Judge. Pending before this court are issues of qualified immunity in this civil rights action brought by plaintiff Lionel Rogers ("plaintiff"). Defendant Gerald L. Cofield, Jr., an officer of the Boston Police Department ("Officer Cofield"), raised this affirmative defense in his answer. He also raised it in a Rule 50(a), Fed.R.Civ.P., motion. (Docket Entry #51). As explained in far greater detail in a...
MEMORANDUM AND ORDER CASPER, District Judge. I. Introduction The factual and procedural background of this case was described at length in the Court's recent memorandum and order resolving the defendants' separate motions for partial summary judgment. Greene v. Ablon, No. 09-10937-DJC, 2012 WL 4104792 at *2-7 (D.Mass. Sept. 17, 2012) (" Greene I "). The task now before the Court is to identify the protected elements under copyright law in the book at issue in this litigation called The...
MEMORANDUM & ORDER GORTON, District Judge. I. Background Frank Carlos Martinez Guerrero ("Martinez") was indicted on May 27, 2010 and charged with conspiracy to possess with intent to distribute heroin in violation of 21 U.S.C. 846. On May 2, 2011, Martinez pled guilty. There was no plea agreement. On August 8, 2011, the Court sentenced him to 87 months in prison and a three year term of supervised release. As a special condition of supervised release the Court stated that If deported,...
MEMORANDUM AND ORDER ON DEFENDANTS' MOTIONS TO DISMISS STEARNS, District Judge. Plaintiff Genzyme Corp. alleges in a Verified Complaint (VC) that defendants Shire Human Genetic Therapies, Inc. (Shire HGT), and Shire plc, violated the Lanham Act, 15 U.S.C. 1125 et seq., by publishing and distributing a press release falsely advertising the superior qualities of Shire's Gaucher disease treatment drug VPRIV over those of Genzyme's competing brand, Cerezyme. Shire HGT moves to dismiss the...
MEMORANDUM AND ORDER ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT STEARNS, District Judge. Plaintiff Boris Mogilevsky brought this two-count Complaint against his former employer, Wellbridge Club Management, Inc. (Wellbridge), a health club where Mogilevsky worked as a personal trainer, alleging retaliation for his having brought a class-action complaint on behalf of himself and other similarly-situated employees involving unpaid wages (Wage Act litigation). Mogilevsky claims that after he...
MEMORANDUM & ORDER GORTON, District Judge. I. Background On August 14, 2008 defendant Carlos LanDan ("LanDan") was charged in an eight count Superceding Indictment. On December 14, 2010, defendant pled guilty to seven counts pursuant to a plea agreement with the government. Under the plea agreement defendant pled guilty to conspiracy to distribute crack cocaine and felon in possession charges. In exchange, the government agreed to drop Count Eight of the Superseding Indictment which...
