ORDER F. DENNIS SAYLOR, IV , District Judge . The Court having been apprised that the United States Attorney has certified that defendant Amy Kogut, CNM, was acting within the scope of her federal employment at the time of the incidents giving rise to Counts I through IX of the Complaint, and the Court having been apprised of the substitution of the United States of America as the defendant on those counts pursuant to 28 U.S.C. 2679(d)(1), hereby: ORDERS that Counts I through IX are...
REPORT AND RECOMMENDATION DAVID H. HENNESSY , Magistrate Judge . I. Background Defendant Marc D. Bolduc ("Bolduc") was an employee of Plaintiff Laddawn, Inc. ("Laddawn") from July 1999 through April 2015. (Docket # 1, 7, 36). Laddawn and Ladd Lavallee ("Lavallee") ("Plaintiffs") allege a number of well-supported deficiencies in Bolduc's performance, including refusing to document or train others in the intricacies of his work, resistance to working conventional hours on-site, and...
MEMORANDUM AND ORDER REGARDING PLAINTIFFS' MOTION TO QUASH SUBPOENA AND FOR PROTECTIVE ORDER (Dkt. No. 46) KATHERINE A. ROBERTSON , Magistrate Judge . I. INTRODUCTION Plaintiff Arthur Hardy (Plaintiff) has brought suit against his employer, UPS Ground Freight, Inc. (Defendant) for retaliation, asserting claims exclusively under the Massachusetts Fair Employment Practices Act, Mass. Gen. Laws ch. 151B (Dkt. 7 at 5-9). The parties are presently engaged in discovery. Before the court is...
MEMORANDUM AND ORDER REGARDING PLAINTIFF'S MOTION FOR JUDGMENT ON THE PLEADINGS AND DEFENDANT'S MOTION TO AFFIRM THE DECISION OF THE COMMISSIONER (Docket Nos. 12 & 17) KATHERINE A. ROBERTSON , Magistrate Judge . I. INTRODUCTION Jessica Lee Page ("Plaintiff") brings this action pursuant to 42 U.S.C. 1383(c)(3) challenging the final decision of the Acting Commissioner of Social Security ("Commissioner") denying her application for Supplemental Security Income ("SSI"). Plaintiff applied...
SUPPLEMENTAL PROTECTIVE ORDER RICHARD G. STEARNS , District Judge . I. INTRODUCTION The parties, by their undersigned counsel, pursuant to Fed. R. Civ. P. 26(c)(1), hereby stipulate to the following provisions of this Supplemental Protective Order to protect information produced by CAPSA Healthcare, pursuant to a third party subpoena issued in this litigation. These requirements supplement those in the parties' Agreed Protective Order entered on July 6, 2018 (Dkt. 31). All provisions in...
FINDINGS OF FACT AND RULINGS OF LAW JUDITH GAIL DEIN , Magistrate Judge . I. INTRODUCTION This action arises out of an employment dispute between the plaintiff, Sara Crowe, and her former employer, Harvey Klinger, Inc. ("the Agency"), and its principal and CEO, Harvey Klinger (collectively, the "defendants"). Ms. Crowe claims that her oral employment contract required the Agency to pay her commissions on deals related to authors she brought to the Agency, including future commissions...
MEMORANDUM AND ORDER DENISE J. CASPER , District Judge . I. Introduction Plaintiff Ivette Kelley ("Kelley") has filed this lawsuit against Defendants Lawrence Public Schools and the City of Lawrence, Massachusetts (collectively, "Defendants"). D. 1. Following this Court's ruling on Defendants' motion for judgment on the pleadings, Kelley's remaining claims are for wrongful termination (Count I) and a violation of the Family Medical Leave Act, 29 U.S.C. 2601-54 ("FMLA") (Count IX). D....
MEMORANDUM AND ORDER ON DEFENDANT'S MOTION TO SUPPRESS RICHARD G. STEARNS , District Judge . Jessika Heyer is before the court as collateral damage of the drug dealing done by her son Roberto Jiminez-Heyer (Jiminez) from her home at 102 Washington Avenue in Chelsea, Massachusetts. Specifically, Heyer is charged with maintaining a drug-involved premises, in violation of 21 U.S.C. 856(a)(2). At issue are two rounds of handgun ammunition seized by federal law enforcement officers from a...
MEMORANDUM AND ORDER ON MOTION TO COMPEL ALLISON D. BURROUGHS , District Judge . This case involves allegations that, in 1994, police officers working for the City of Lynn and the Commonwealth of Massachusetts suppressed and fabricated evidence to build a case against Plaintiff Angel Echavarria for the murder of Daniel Rodriguez. Plaintiff was convicted, sentenced to life in prison, and incarcerated for more than twenty years. On April 30, 2015, the Superior Court of Massachusetts granted...
MEMORANDUM AND ORDER ON DEFENDANT METRO CRIME PREVENTION'S MOTION TO DISMISS (Docket No. 21) HILLMAN , D.J. Arthur Burnham ("Plaintiff") brings a variety of claims against several Defendants. Relevant for the purposes of this motion, he brings a claim under 42 U.S.C. 1983 against Metro Crime Prevention (erroneously identified as University of Massachusetts Medical Center Patient Recovery Center Security) ("Defendant Metro"). Defendant Metro filed a motion to dismiss for failure to...
MEMORANDUM AND ORDER ON DEFENDANT'S MOTION TO DISMISS (Docket No. 7) HILLMAN , D.J. Dennis Lamonica ("Plaintiff") alleges that Fay Servicing, LLC and U.S. Bank ("Defendants") wrongfully foreclosed on his property at 60 Latisquama Road, Southborough, Massachusetts (the "Property"). His Complaint asserts three claims: wrongful disclosure (Count I), breach of contract (Counts II), and declaratory judgement that Defendants' lacked standing to foreclose (Count III). Defendants...
ORDER ON PENDING MOTONS M. PAGE KELLEY , Magistrate Judge . For the reasons set forth below, the (1) plaintiff's motions (Docket Nos. 52, 63) for counsel are denied without prejudice; (2) plaintiff's motions for leave to file an amended complaint (Docket Nos. 51, 62) are allowed to the extent that plaintiff must identify one operative complaint (either of the proposed amended complaints or a new amended complaint); (3) the defendants' motion (Docket No. 68) for extension of time to answer...
MEMORANDUM AND ORDER RE: DEFENDANTS' MOTION TO QUASH PLAINTIFF'S SUBPOENA TO NON-PARTY ACA COMPLIANCE GROUP AND FOR PROTECTIVE ORDER (DOCKET ENTRY # 66) MARIANNE B. BOWLER , Magistrate Judge . Defendants Navellier & Associates, Inc. ("NAI") and Louis Navellier ("Navellier") (collectively "defendants") move to quash a subpoena seeking documents in the hands of a third-party consultant, ACA Compliance Group ("ACA"), pertaining to NAI for the January 2012 to September 2013 time period on the...
MEMORANDUM & ORDER NATHANIEL M. GORTON , District Judge . This case arises out of a dispute over custodia legis expenses that Boston Harbor Shipyard and Marina has incurred as the custodian of an abandoned vessel under foreclosure. The plaintiff is seeking to enforce an award of custodia legis expenses and claims that it is 1) entitled to the proceeds of the sale of the vessel and 2) that one of the mortgagees, Additional Return, LLC ("Additional Return" or "the intervenor") is...
MEMORANDUM AND ORDER NATHANIEL M. GORTON , District Judge . This case arises out of the allegations of a Verizon New England 1 customer in a pro se complaint naming Verizon as defendant. Pending before the Court is plaintiff's affidavit of indigency and defendant's motions to dismiss and for injunctive relief. For the reasons that follow, plaintiff will be permitted to proceed in forma pauperis and shall show cause, in writing, why the defendant's motions should not be granted. I....
MEMORANDUM & ORDER Indira Talwani , United States District Judge . I. Introduction This case challenges costs imposed by a provider of inmate telephone services on the recipients of telephone calls made by inmates in Bristol County, Massachusetts, and paid by the provider as commissions to the Bristol County Sheriff's Office. Before the court is Defendant Thomas M. Hodgson's ("Sheriff Hodgson") Motion to Dismiss [# 26] and Defendant Securus Technologies, Inc.'s ("Securus") Motion...
MEMORANDUM AND ORDER DENISE J. CASPER , District Judge . I. Introduction Plaintiff John L. Bryan ("Bryan") brings this action under the Railway Labor Act ("RLA"). D. 1. Bryan alleges that Defendant Allied Pilots Association ("APA") breached its duty of fair representation (Count I) and also asserts a claim for breach of the collective bargaining agreement/wrongful termination (Count II) against Defendant American Airlines ("American"). Id. APA and American have moved to dismiss Bryan's...
ORDER ON MOTION TO DISMISS (DOC. NO. 27) LEO T. SOROKIN , District Judge . Plaintiff Jana Brands, Inc. ("Jana Brands") brought this action on November 2, 2017, and amended its Complaint on April 20, 2018. Docs. No. 1, 25. The Amended Complaint claims that the actions of defendants C.H. Robinson, International, Inc. ("C.H. Robinson") and Ryan Freight Services, Inc. ("Ryan") caused Jana Brands to incur more than $154,000 in damages when U.S. Customs and Border Protection ("CBP") denied Jana...
ORDER ON MOTIONS TO DISMISS (DOCS. NO. 44, 46) SOROKIN , United States District Judge . Now pending before the Court are two motions to dismiss the Amended Complaint, Doc. No. 40. One was filed by the "Company Defendants": J.Jill Inc. ("J.Jill"), TowerBrook Capital Partners L.P. ("TowerBrook"), Paula Bennett, David Biese, Michael Rahamim, Andrew Rolfe, Travis Nelson, Marka Hansen, Michael Eck, and Michael Recht. Doc. No. 44. The other was filed by the "Underwriter Defendants": Merrill...
MEMORANDUM & ORDER Nathaniel M. Gorton , United States District Judge . This case arises from the alleged unlawful termination of Daniel Connolly ("Connolly" or "plaintiff") by Shaw's Supermarkets, Inc. ("Shaw's" or "defendant"). Before this Court is defendant's motion to dismiss (Docket No. 13). For the following reasons, defendant's motion will be allowed, in part, and denied, in part. I. Background A. Facts Connolly is a resident of Nahant, Massachusetts. Shaw's is a grocery...
