ORDER ON PLAINTIFF'S APPEAL OF ADMINISTRATIVE DECISION NANCY TORRESEN, District Judge. John Millay, a young man of Ethiopian descent who lives with his adopted family in Surry, Maine, petitioned Maine's Division for the Blind and Visually Impaired (the " DBVI ") to pay for the expenses incurred by his adopted mother in driving him back and forth from Surry to Bangor, Maine during the course of a culinary arts program Millay completed as a client of the DBVI's federally funded vocational...
ORDER ON PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION AND ON DEFENDANT'S MOTION TO TRANSFER VENUE NANCY TORRESEN, District Judge. Before the Court is Plaintiff Outside Television, Inc.'s (" OTV ") motion for preliminary injunction, ECF No. 3, filed on May 17, 2013. OTV claims that Defendant Dreu Murin, a former employee, has breached the non-solicitation and confidential information clauses of his employment agreement and requests an injunction preventing further breaches. Following...
ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE JOHN A. WOODCOCK, JR., District Judge. Keith Ayotte, an inmate at the Maine State Prison (Prison) in Warren, filed a lawsuit against Patricia Barnhart, Dwight Fowles, Martin Magnusson, David Cutler, and Curtis Doyle in their individual capacities as prison officials for the Maine State Prison system. Mr. Ayotte claims the Defendants failed to protect him from a substantial risk of harm — an assault with a padlock — in the Prison...
ORDER ON MOTION FOR SUMMARY JUDGMENT JOHN A. WOODCOCK, JR., Chief Judge. In this breach of contract case, Berry Plastics Corporation and Covalence Specialty Coatings, LLC move for summary judgment, asserting that Packgen's claims are barred by the parties' contractual statute of limitations period. Packgen argues that the provision in both of Berry's invoices stating that a one-year statute of limitations applied to the contracts at issue does not render its claims untimely because the...
ORDER ON DEFENDANT'S OBJECTIONS TO EXPERT EVIDENCE AND DEPOSITION TRANSCRIPTS NANCY TORRESEN, District Judge. Before the Court are Defendant's Motion to Exclude Expert Evidence (Damages Model 1, offered by Plaintiffs' expert Thomas A. McAvity, Jr.) (ECF No. 97), Defendant's oral motion to exclude Plaintiffs' damages Model 2, made during the damages trial on June 25, 2013, and Defendant's Outstanding Objections to Deposition Transcript Testimony (ECF No. 125). For the reasons set forth below,...
ORDER AND OPINION NANCY TORRESEN, District Judge. I. PROCEDURAL BACKGROUND This class-action lawsuit concerns the crediting of interest rates on certain retained asset accounts (RAAs) arising out of group life insurance policies that were issued by Defendant Unum Life Insurance Company of America (Unum) and governed by the Employee Retirement Income Security Act of 1974 (ERISA). On February 3, 2012, the Court certified the class and granted partial summary judgment to the Plaintiffs on the...
ORDER ON MOTION IN LIMINE GEORGE Z. SINGAL, District Judge. Before the Court is the Government's Motion in Limine to Admit Evidence of Defendant's Prior Conviction (ECF No. 46). Having reviewed the parties' written submissions, the Court now GRANTS the Motion for reasons briefly explained herein. I. BACKGROUND In the pending case, Defendant Timothy Majeroni is charged with one count of Possession of Child Pornography in violation of 18 U.S.C. 2252A(a)(5)(B) & 2256(8)(A). At the upcoming...
ORDER JOSEPH N. LAPLANTE, District Judge. Pending before the court are plaintiff Samuel Hooker's February 8, 2013, motion to amend the complaint (doc. no. 27), the defendant's December 10, 2012, motion to dismiss (doc. no. 18), plaintiff's second amended complaint (doc. no. 33), and defendant's motion to dismiss the second amended complaint (doc. no. 34). The first two of those motions are addressed in two report and recommendations ("R&Rs") that await a ruling by this court. See R&Rs (doc....
RECOMMENDED DECISION MARGARET J. KRAVCHUK, Magistrate Judge. Shelly Flood and Keri Flood brought this civil action against Bank of America Corporation and FIA Card Services NA, pursuant to the Maine Human Rights Act and Maine common law. Shelly Flood alleges sexual-orientation discrimination in employment and defamation. Keri Flood alleges tortious interference and defamation. The action is in this court based on diversity jurisdiction. Currently pending is Defendants' Motion for Summary...
ORDER ON GOVERNMENT'S MOTION IN LIMINE TO EXCLUDE EVIDENCE OF DOMESTIC VIOLENCE AND TO ADMIT PRIOR CONVICTIONS JOHN A. WOODCOCK, Jr., Chief District Judge. Concluding that the Defendant's proposed testimony about her history of domestic violence is admissible to explain the circumstances and voluntariness of her statement to law enforcement, the Court denies in part the Government's motion in limine seeking to exclude such evidence; however, as the relevance of the evidence is limited, the...
MEMORANDUM DECISION ON JUDGMENT DEBTOR'S MOTION TO DISSOLVE WRIT OF EXECUTION JOOHN H, RICH, III, Magistrate Judge. Judgment Debtor Gavin A. Ruotolo moves to dissolve the writ of execution issued by this court on April 3, 2013 (ECF No. 40). Motion to Dissolve Writ of Execution ("Motion") (ECF No. 53). He challenges the writ on several grounds: 1) he was not served with the request for the writ or the amended request; 2) there are typographical errors in the request and amended request; 3)...
ORDER & REPORT OF CONFERENCE GEORGE Z. SINGAL, District Judge. In accordance with the Court's prior Order (ECF No. 18), the Court held a conference of counsel on September 3, 2013 to discuss Defendants' Notice of Intent to File Summary Judgment (ECF No. 17). Attorney James A. Clifford appeared for Plaintiffs. Attorney Peter Marchesi appeared for Defendants. Following the conference, the Court hereby ORDERS that the following procedure be followed: On or before September 20, 2013, the...
ORDER & REPORT OF CONFERENCE GEORGE Z. SINGAL, District Judge. In accordance with the Court's prior Order (ECF No. 23), the Court held a conference of counsel on September 3, 2013 to discuss Defendants' Notice of Intent to File Summary Judgment (ECF No. 22). Attorney James A. Clifford appeared for Plaintiffs. Attorney Peter Marchesi appeared for Defendants. Following the conference, the Court hereby ORDERS that the following procedure be followed: On or before September 20, 2013, the...
ORDER DENYING MOTION TO REDUCE SENTENCE JOHN A. WOODCOCK, Jr., Chief District Judge. Seeking to take advantage of the so-called Fast Track program, an incarcerated Canadian citizen moves pro se to reduce her sentence on the promise that she would accept immediate deportation to Canada. The Court denies her motion because she is not eligible for a Fast Track reduction of her sentence and because the Court does not have the authority to impose a Guideline reduction to a final sentencing...
ORDER ON PLAINTIFF'S MOTION FOR CONSIDERATION OF EVIDENCE NOT IN THE RECORD GEORGE Z. SINGAL, District Judge. Before the Court is Plaintiff's Motion For Consideration Of Evidence Not In The Record With Attached Memorandum ("Plaintiff's Motion"). As explained herein, the Court DENIES Plaintiff's Motion (ECF No. 18). I. BACKGROUND Plaintiff, Friends of the Boundary Mountains ("FBM"), challenges a permit issued to Defendant-Intervenor TransCanada Maine Wind Development, Inc. ("TransCanada") by...
RECOMMENDED DECISION MARGARET J. KRAVCHUK, Magistrate Judge. Plaintiff David Daniel claims unlawful housing discrimination on the basis of disability, in violation of the Maine Human Rights Act, 5 M.R.S. 4582-A(2); the Fair Housing Amendments Act (FHAA), 42 U.S.C. 3604; and Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794. (Complaint, ECF No. 1-3.) His claims are focused on a change in the payment of a heating subsidy. He claims that the payment change left him with less...
RECOMMENDED DECISION MARGARET J. KRAVCHUK, Magistrate Judge. Christopher Grant filed a habeas corpus petition in this court pursuant to 28 U.S.C. 2254. (Petition, ECF No. 1.) Rodney Bouffard, in his capacity as Warden of the Maine State Prison, is the respondent. Grant challenges his state court conviction on three grounds, arguing that (1) he is due more good time credits; (2) the prosecution withheld evidence and committed a Brady violation; 1 and (3) he received ineffective assistance...
RECOMMENDED DECISION MARGARET J. KRAVCHUK, Magistrate Judge. Rodney Russell has filed four motions: (1) a motion to dismiss (ECF No. 144); (2) a motion to suppress (ECF No. 145); (3) a motion for discovery/motion to reveal (ECF No. 146); and (4) a motion to sever (ECF No. 147). The court referred all four motions and I have elected to address all four motions under 28 U.S.C. 636(b)(1)(B), even though the discovery and severance motions are not enumerated under 636(b)(1)(A), and thus are...
RECOMMENDED DECISION MARGARET J. KRAVCHUK, Magistrate Judge. On June 8, 2011, Thomas Castle filed a petition pursuant to 28 U.S.C. 2254 seeking to vacate his state court conviction for sexual assault and unlawful sexual contact. Castle never filed a direct appeal in connection with conviction, but he did file a June 2011 petition for post-conviction review in the Kennebec Superior Court. It was apparent from the face of his petition that his state post-conviction proceeding was still...
ORDER ON MOTION TO INTERVENE 1 JOHN H. RICH, III, Magistrate Judge. The United States of America ("United States") moves to intervene as of right in this action pursuant to Federal Rule of Civil Procedure 24(a). See Motion To Intervene ("Motion") (ECF No. 6). No opposition has been filed, although, as the United States observes, see id. at 3, the ECF Docket does not reflect that either defendant has been served with the summons and complaint, see generally ECF docket. For the reasons...
