ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT IN PART AND DENYING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT IN PART NANCY TORRESEN, District Judge. INTRODUCTION On June 6, 2008, Plaintiff Pat Godin was terminated from her position as principal of the Fort O'Brien School in Machiasport, Maine. The Plaintiff commenced this action against School Union 134, 1 the Machiasport School Department Board of Directors, and three individuals 2 seeking compensatory and punitive damages...
ORDER ON MOTION FOR SUMMARY JUDGMENT GEORGE Z. SINGAL, District Judge. Before the Court is the Government's unopposed Motion for Summary Judgment (Docket # 7). As explained herein, the Court GRANTS the Government's Motion. I. LEGAL STANDARD Summary judgment is proper where, on the record before the Court, it appears "that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." Fed. R.Civ.P. 56(a). "[T]he mere existence of some alleged...
ORDER ON PAPER BRIEFING IN LIEU OF TRIAL GEORGE Z. SINGAL, District Judge. Plaintiff Pro Con, Inc. (hereinafter, "Pro Con" or "Plaintiff") brought a declaratory judgment action against Defendant Interstate Fire and Casualty Company (hereinafter, "Interstate" or "Defendant"). Following the Court's Order on Cross-Motions for Summary Judgment (Docket # 37, hereinafter "Order on Summary Judgment"), the parties agreed to brief the remaining issues in lieu of a trial. Now before the Court is...
ORDER ON MOTION FOR SUMMARY JUDGMENT GEORGE Z. SINGAL, District Judge. Before the Court is Defendants' Motion for Summary Judgment (Docket # 12). For reasons explained herein, the Court GRANTS the Motion. I. LEGAL STANDARD Generally, a party is entitled to summary judgment if, on the record before the Court, it appears "that there is no genuine issue as to any material fact and that the movant is entitled to judgment as a matter of law." Fed.R.Civ.P. 56(c)(2). "[T]he mere existence of some...
ORDER ON MOTIONS TO EXCLUDE EXPERT TESTIMONY, TO STRIKE REPLY TO ADDITIONAL STATEMENT OF MATERIAL FACT, AND FOR SUMMARY JUDGMENT JOHN A. WOODCOCK, JR., Chief Judge. Concluding that there are genuine issues of material fact that preclude relief on dispositive motions, the Court dismisses the Defendants' two motions for summary judgment. The Court also dismisses the parties' motions to exclude the opposing experts concluding there is an insufficient context to adequately judge whether the...
ORDER DENYING DEFENDANT'S MOTIONS FOR NEW TRIAL, DISCOVERY, AND PRODUCTION JOHN A. WOODCOCK, JR., Chief Judge. On December 31, 2008, after a three-day trial, a jury found Mark McCurdy guilty of being a felon in possession of a firearm, a violation of 18 U.S.C. 922(g)(1). Jury Verdict Form (Docket # 148); Indictment (Docket # 1). Following the verdict, Mr. McCurdy moved for a new trial and appealed the verdict; the motion and appeal were denied. Def.'s Pro Se Mot. for New Trial (...
ORDER DENYING DEFENDANT'S MOTION FOR DISQUALIFICATION JOHN A. WOODCOCK, JR., Chief Judge. The Court denies a criminal defendant's motion to disqualify a judge based on statements he made to a newspaper reporter about the dangers of methamphetamine. I. PROCEDURAL AND FACTUAL BACKGROUND On February 24, 2011, a federal grand jury issued a three-count indictment against Paul Corbin charging possession with intent to distribute marijuana in violation of 21 U.S.C. 841(a)(1), possession with...
FINDINGS OF FACT AND CONCLUSIONS OF LAW 1 JOHN H. RICH III, United States Magistrate Judge. On September 29, 2011, I presided over a bench trial in this case limited to the question of the damages sustained by the plaintiff as a result of a December 3, 2007, motor vehicle accident in Newington, New Hampshire ("Accident"), the defendant having stipulated that her negligence caused the Accident. See Joint Exhibit on Stipulations ("Stipulations"), Plaintiff's Exh. 13, 1. The plaintiff,...
ORDER ON DEFENDANTS' MOTION FOR SUMMARY JUDGMENT JOHN A. WOODCOCK, JR., Chief Judge. The United States brought a civil action under the False Claims Act against two Southwest Harbor residents alleging they invoiced and accepted federal grant payments for services not actually rendered in the installation of a town camera surveillance system. The Defendants moved for summary judgment. Because genuine issues of material fact remain, the Court denies the motion. I. STATEMENT OF FACTS A....
MEMORANDUM DECISION AND ORDER ON MOTION FOR SUMMARY JUDGMENT 1 JOHN H. RICH III, United States Magistrate Judge. Defendant Kris-Way Truck Leasing, Inc. ("Kris-Way") moves for summary judgment as to all of plaintiff Kevin Capalbo's claims of whistleblower retaliation in violation of the Maine Whistleblowers' Protection Act ("MWPA"), 26 M.R.S.A. 831-40, and the Surface Transportation Assistance Act ("STAA"), 49 U.S.C. 31105. See Defendant's Motion for Summary Judgment ("Motion") (Docket...
ORDER ON DEFENDANT'S MOTION TO DISMISS OR STAY, AND MOTION TO COMPEL ARBITRATION GEORGE Z. SINGAL, District Judge. Plaintiff Ann Gove filed this action alleging that she was not hired for a job with Defendant Career Systems Development Corporation ("CSD") because she was pregnant, in violation of the Maine Human Rights Act, 5 M.R.S.A. 4551 et seq. and Title VII of the Civil Rights Act, 42 U.S.C. 2000e et seq. Now before the Court is Defendant's Motion to Dismiss or Stay, and Motion to...
ORDER ON CHOICE OF LAW & COMPARATIVE NEGLIGENCE GEORGE Z. SINGAL, District Judge. Before the Court is Third-Party Defendant Greater Omaha Packing Company's ("GOPAC") Motion for Partial Judgment on the Pleadings (Docket # 304) and Third-Party Plaintiff Fairbank Farm Reconstruction Corp.'s ("Fairbank") Motion in Limine to Exclude Evidence of Comparative Negligence (Docket # 314). By Order dated October 11, 2011, 2011 WL 5118853 (D.Me. Oct. 11, 2011) (Docket #324), the Court DENIED in part the...
ORDER ON MOTION FOR RELEASE PENDING APPEAL JOHN A. WOODCOCK, JR., Chief Judge. After pleading conditionally guilty and being sentenced to 120 months for the transportation and possession of child pornography, Gary Farlow asks to be released pending appeal. The Court denies his motion because he has failed to demonstrate either that his appeal raises a substantial question of law or fact likely to result in reversal or that there are exceptional reasons his continued detention would not be...
ORDER DENYING GOVERNMENT'S MOTION FOR DISTRICT COURT TO RECONSIDER ORDER OF MAGISTRATE JUDGE JOHN A. WOODCOCK, JR., Chief Judge. This dispute arises from Adam Stone's 2255 petition collaterally attacking the sentence the Court imposed on April 9, 2008. Mr. Stone grounds his 2255 petition on allegations of the ineffective assistance of his counsel, Assistant Federal Defender Virginia Villa. To aid in responding to Mr. Stone's petition, the Government moved for an order compelling Attorney...
ORDER ON DEFENDANT'S MOTION TO ENFORCE SETTLEMENT AGREEMENT MARGARET J. KRAVCHUK, United States Magistrate Judge. Defendant OneBeacon America Insurance Company removed this matter from the Aroostook County Superior Court in August 2010. Plaintiff Northern Maine Transport's complaint recites three counts arising under Maine statutory law and alleging an entitlement to over $800,000 in insurance proceeds. On May 10, 2011, Defendant requested court enforcement of a purported settlement agreement....
ORDER DENYING MOTION FOR APPOINTMENT OF COUNSEL AND MOTION FOR RECONSIDERATION JOHN A. WOODCOCK, JR., Chief Judge. Cosme Sanchez-Ramirez returns, this time seeking to reopen the Court's Order affirming the recommended decision of the Magistrate Judge on October 21, 2010 and moving for appointment of counsel. Def.'s Mot. for Appointment of Counsel (Docket # 299); Def.'s Mot. Filed under Fed. Rule of Civ. Pro. 60(B) to Reopen the Ct.'s Order Affirming the Recommended Decision of the...
DECISION AND ORDER ON MOTION TO SUPPRESS D. BROCK HORNBY, District Judge. In this 2011 criminal prosecution, the defendant moves to suppress a DNA profile obtained by a grand jury subpoena in 2005. After an evidentiary hearing 1 and oral argument on September 7, 2011, I conclude that if there were inadequacies in the 2005 legal process that obtained the DNA profile, the exclusionary rule does not call for its exclusion in this new and unrelated 2011 charge for criminal conduct that occurred...
ORDER ON MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION, CHANGE OF VENUE AND ON MOTION TO DISMISS FOR FAILURE TO COMPLY WITH FLORIDA MEDICAL MALPRACTICE STATUTES OR THE MAINE HEALTH SECURITY ACT JOHN A. WOODCOCK, JR., Chief Judge. In 2008, Dale Henderson flew to Florida for expensive back surgery at the Tampa facility of the Laser Spine Institute, hoping for recovery and reimbursement. He got neither. In 2010, Mr. Henderson filed a nine-count complaint against the Laser Spine...
ORDER ON PLAINTIFFS' APPLICATION FOR TEMPORARY RESTRAINING ORDER JOHN A. WOODCOCK, JR., District Judge. Based on principles of Younger abstention, the Court denies the Plaintiffs' motion for a temporary restraining order to enjoin the state of Maine Office of Securities from proceeding with an imminent disciplinary hearing. I. FACTUAL AND PROCEDURAL BACKGROUND North Atlantic Securities, LLC, Michael J. Dell'Olio and Associates, LLC, Michael J. Dell'Olio, and Aleksie Kiselev (Plaintiffs)...
ORDER ON MOTION TO DISMISS GEORGE Z. SINGAL, District Judge. Before the Court is Defendants' Motion to Dismiss (Docket # 7). As explained herein, the Court GRANTS IN PART and DENIES IN PART the Motion. I. LEGAL STANDARD A motion to dismiss for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6) tests the "legal sufficiency" of a complaint. Gomes v. Univ. of Me. Sys., 304 F.Supp.2d 117 , 120 (D.Me.2004). The general rules of pleading require a "short and plain...
