MEMORANDUM OPINION DEBORAH K. CHASANOW , District Judge . Darty James Reed, Petitioner, seeks a reduced sentence pursuant to the First Step Act of 2018, Pub.L.No. 115-391, 404, 132 Stat. 5194, 5222. Mr. Reed was sentenced, on August 27, 1998, to 360 months imprisonment, followed by ten years of supervised release, for convictions of conspiracy to distribute and possess with intent to distribute cocaine base, and possession with intent to distribute cocaine base. The sentence fell at the...
MEMORANDUM OPINION and ORDER DEBORAH K. CHASANOW , District Judge . Petitioner filed this motion to vacate, set aside, or correct sentence pursuant to 28 U.S.C. 2255 on January 9, 2017. 1 (ECF No. 273). He claims that he is entitled to relief pursuant to Johnson v. United States, 135 S.Ct. 2551 (2015). This procedural history of this case is as follows: After Petitioner was convicted by a jury on ten counts, Judge Roger W. Titus sentenced Petitioner on May 7, 2007 to concurrent...
MEMORANDUM OPINION ELLEN L. HOLLANDER , District Judge . In this product liability suit, plaintiff Anna Laughlin sued defendants Biomet Orthopedics, LLC; Biomet Manufacturing, Inc.; Biomet Inc.; and Biomet U.S. Reconstruction, LLC (collectively, "Biomet"), alleging defects with her hip replacement, a Biomet M2a Magnum Metal-on-Metal Hip System (the "Magnum"). ECF 2 ("Complaint"). 1 In particular, Ms. Laughlin alleges that the Magnum's metal-on-metal design caused the device to corrode,...
MEMORANDUM OPINION STEPHANIE A. GALLAGHER , District Judge . On November 22, 2017, Plaintiff Alia Salem Al-Sabah ("Al-Sabah") filed a nine-count Amended Complaint against Defendants Jean Agbodjogbe ("Agbodjogbe"), N&A Kitchen, LLC ("N&A Kitchen"), N&A Kitchen II, LLC ("N&A Kitchen II"), 5722 York Road, LLC ("5722 York Road"), and 9 Jewels, LLC ("9 Jewels"). ECF 76. A nine-day jury trial commenced on January 21, 2020. See ECF 236-240, 242-45, 249. The jury entered a verdict in favor of...
MEMORANDUM ELLEN L. HOLLANDER , District Judge . In this tax dispute, the self-represented plaintiff, Riker McKenzie-El, filed suit against a host of defendants, seeking, inter alia, to enjoin the Internal Revenue Service ("IRS") from issuing notices of levy to collect unpaid income tax and to compel the disclosure of certain agency records. ECF 1 (the "Complaint"). In particular, plaintiff sued the IRS; IRS officials David Kautter, Ann Willis, and Christine L. Davis; the United States...
MEMORANDUM OPINION PAUL W. GRIMM , District Judge . Pending before the Court are Plaintiff James Bonnett's Motions for Leave to File an Amended Complaint (ECF No. 11), for Leave to Proceed in Forma Pauperis (ECF No. 12) and for Emergency Injunctive Relief (ECF No. 13). Having reviewed the Responses to the Orders to Show Cause (ECF No. 6 & 15), Bonnett's replies thereto (ECF No. 10 & 16), and for the reasons cited herein, Bonnett's requests for injunctive relief shall be denied....
MEMORANDUM OPINION PAULA XINIS , District Judge . This fair debt collection case presents several questions ready for resolution, to include Plaintiffs' requests to certify a proposed class action and certify questions of law to the Maryland Court of Appeals. ECF Nos. 13, 14. Defendants also move to dismiss the entirety of the Complaint and to seal a document submitted in support of its motion. ECF Nos. 22, 23. Each motion is fully briefed, and the Court finds that no hearing is necessary....
MEMORANDUM OPINION ELLEN L. HOLLANDER , District Judge . Plaintiff Pinnacle Advisory Group Inc. ("Pinnacle" or the "Company"), a private wealth management firm, filed suit against two defendants: its former employee, Andrew Krone, and his current employer, CapitalRock Financial, LLC d/b/a Naples Wealth Planning ("Naples Wealth"). ECF 1 (the "Verified Complaint"). Pinnacle alleges that Mr. Krone, who worked for the Company from October 1, 2009 to August 30, 2019, took confidential...
MEMORANDUM OPINION GEORGE L. RUSSELL, III , District Judge . THIS MATTER is before the Court on Defendants Warden Frank Bishop, Jr., Assistant Warden Jeff Nines, and Chief of Security William Bohrer's Motion to Dismiss Plaintiff's Complaint or, in the Alternative, for Summary Judgment (ECF No. 15). 1 The Motion is ripe for disposition, and no hearing is necessary. See Local Rule 105.6 (D.Md. 2018). For the reasons outlined below, the Court will grant the Motion. I. BACKGROUND...
MEMORANDUM OPINION STEPHANIE A. GALLAGHER , District Judge . Plaintiffs Pamela Holden, April Wright, and Stephanie Williams (collectively "Plaintiffs") filed this putative class and collective action lawsuit against Bwell Healthcare, Inc. ("Bwell"), and its owners, Femmy Kuti and Sunlola Kuti (collectively, "Defendants"), alleging violations of state and federal wage payment laws during their employment as home health aides. ECF 14 (Amended Complaint). Currently pending is Plaintiffs'...
GINA L. SIMMS , Magistrate Judge . Subject: Michelle A. v. Saul 1 Civil No. 1:19-cv-00221-GLS. Dear Counsel: Pending before this Court are cross-Motions for Summary Judgment. (ECF Nos. 11, 14). The Court must uphold the Social Security Administration ("SSA")'s decision if it is supported by substantial evidence and if the Agency employed proper legal standards. See 42 U.S.C. 405(g), 1383(c)(3) (2016); Craig v. Chater, 76 F.3d 585 , 589 (4th Cir. 1996). The substantial evidence...
MEMORANDUM OPINION STEPHANIE A. GALLAGHER , District Judge . The Equal Employment Opportunity Commission ("EEOC") brought this action against Defendant Dolgencorp, LLC t/a Dollar General Stores, Inc. ("Dolgencorp"), alleging that Dolgencorp unlawfully discriminated against its former employee "by sexually harassing and constructively discharging her." ECF 1 at 1. Discovery is now complete, and Dolgencorp has filed a motion for summary judgment, supported by a memorandum of law. ECF 36, 36-...
MEMORANDUM OPINION STEPHANIE A. GALLAGHER , District Judge . Plaintiff Kyle Jahn ("Jahn") filed this case seeking the payment of unpaid wages from his former employer and several allegedly related entities and individuals, including Tiffin Holdings, Inc., Tiffin Athletic Mats LLC, Daniel Tiffin, Linda Tiffin, and Gerald Stringer (collectively, "Defendants"). ECF 23. Discovery is now concluded, and Jahn has filed a Motion for Summary Judgment ("the Motion"), ECF 50. I have reviewed the...
MEMORANDUM CATHERINE C. BLAKE , District Judge . The Equal Employment Opportunity Commission ("EEOC") alleges that Performance Food Group, Inc. ("PFG") has engaged in a pattern or practice of gender discrimination in its selection of operative positions in its warehouses and discriminated against Julie Lawrence on the basis of her sex when it did not promote her to a training supervisor position. Now pending are the EEOC's motion for summary judgment and PFG's cross motion for summary...
MEMORANDUM CATHERINE C. BLAKE , District Judge . The Equal Employment Opportunity Commission ("EEOC") alleges that Performance Food Group, Inc. ("PFG") has engaged in a pattern or practice of gender discrimination in its selection of operative positions 1 in its warehouses. PFG has filed a motion to strike certain testimony and exhibits that the EEOC presents as part of its motion for summary judgment. The motion has been fully briefed and no oral argument is necessary. For the reasons...
MEMORANDUM CATHERINE C. BLAKE , District Judge . Performance Food Group, Inc. ("PFG") delivers food and food-related products through its foodservice distributors. One distributor, its Broadline Division, 1 manages around 20 distribution centers ("OpCos") across the country. The Equal Employment Opportunity Commission ("EEOC") alleges that PFG engaged in a pattern or practice of gender discrimination in the selection of operative positions at these distribution centers from 2004-2013. Now...
MEMORANDUM OPINION GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT THOMAS M. DiGIROLAMO , Magistrate Judge . Plaintiff Linda J. seeks judicial review under 42 U.S.C. 405(g) of a final decision of the Commissioner of Social Security ("Defendant" or the "Commissioner") denying her application for disability insurance benefits under Title II of the Social Security Act. Before the Court are Plaintiff's Motion for Summary Judgment (ECF No. 14) and Defendant's Motion for Summary Judgment (...
MEMORANDUM and ORDER DEBORAH K. CHASANOW , District Judge . Plaintiff Robert J., proceeding pro se, filed a hybrid complaint against the Social Security Administration and others on June 27, 2019. (ECF No. 1). Although essentially an appeal from the denial of social security benefits, Plaintiff has included claims against other parties arising from their asserted participation in the social security proceedings. Plaintiff's request to proceed in forma pauperis under 28 U.S.C. 1915...
MEMORANDUM OPINION AND ORDER Paul W. Grimm , United States District Judge . This Memorandum Opinion and Order addresses Defendant Adam Martin's appeal of a detention order issued by Chief Magistrate Judge Beth Gesner. Martin is charged with conspiracy to distribute controlled substances (heroin, cocaine) in violation of 21 U.S.C. 846. If convicted, he faces a sentence of not less than ten years incarceration, up to a maximum term of life imprisonment. In a written ruling entered...
MEMORANDUM OPINION PAULA XINIS , District Judge . Pending in this Fair Labor Standards Act ("FLSA") collective action are several motions ripe for resolution. Plaintiffs move for conditional certification of the class under the FLSA, which Defendant Aldi, Inc. ("Aldi") vigorously opposes. ECF Nos. 58-60. Aldi separately moves for this Court to dismiss certain Plaintiffs for lack of personal jurisdiction, and to compel arbitration for those store managers whose employment contracts...
