RECOMMENDED DECISION ON MOTIONS TO DISMISS JOHN H. RICH, III , Magistrate Judge . The defendants named in the pro se plaintiff's complaint move to dismiss the claims asserted against them for failure to state a claim upon which relief may be granted and for lack of subject-matter jurisdiction. Defendants Martin's Point Health Care and Matthew Belcher, M.D.'s Motion to Dismiss ("Private Party Motion") (ECF No. 13); Motion to Dismiss of Defendants State of Maine and Office of the Governor...
RECOMMENDED DECISION ON MOTION FOR AWARD OF ATTORNEYS' FEES JOHN H. RICH, III , Magistrate Judge . Following the settlement of this qui tam action, Brian Emery (the "relator") seeks an award of attorney's fees and expenses in the amount of $83,715.25. Relator's Motion for Award of Attorneys' Fees and Expenses Pursuant to 31 U.S.C. 3730(d) ("Motion") (ECF No. 27) at 10. The defendant, Belcon Enterprises, Inc., maintains that only an award of $12,031.17 is justified. Defendant's...
MEMORANDUM DECISION ON POST-TRIAL MOTIONS JOHN H. RICH, III , Magistrate Judge . A verdict in favor of the defendant having been entered after jury trial in this matter on July 27, 2016, and judgment on that verdict having entered on July 28, 2016, ECF Nos. 131, 133, the plaintiff, Alan Clukey, now moves for judgment as a matter of law, for a new trial, and for relief from judgment. Plaintiff Alan Clukey's Combined Motions for Judgment as a Matter of Law (F.R.Civ.P. 50(b), Renewed),...
MEMORANDUM DECISION AND ORDER ON MOTION TO AMEND AND MOTIONS FOR SANCTIONS JOHN H. RICH, III , Magistrate Judge . Eight days after the close of discovery in this case, the plaintiff filed a motion for leave to amend her complaint by adding a new count alleging unlawful retaliation in her employment with the defendant. Plaintiff's Motion to File a Second Amended Complaint ("Motion") (ECF No. 22). Oral argument was held before me on September 19, 2016, and the parties submitted additional...
REPORT AND RECOMMENDED DECISION 1 JOHN H. RICH, III , Magistrate Judge . This Supplemental Security Income ("SSI") appeal raises the questions of whether the administrative law judge properly evaluated the opinion of a treating physician and whether the Appeals Council properly decided not to consider evidence submitted by the plaintiff after her hearing before the administrative law judge. I recommend that the court vacate the commissioner's decision and remand this case for further...
MEMORANDUM DECISION AND ORDER ON MOTION TO AMEND JOHN H. RICH, III , Magistrate Judge . The plaintiff in this action arising out of the death of an employee of the defendant as a result of the actions of an employee of the plaintiff on the defendant's premises in Turner, Maine, seeks leave to amend its previously amended complaint to add a claim for breach of an implied duty of good faith and fair dealing under Connecticut law with respect to the contract between the parties. Motion for...
RECOMMENDED DECISION ON MOTION FOR SUMMARY JUDGMENT OF DEFENDANTS CUMBERLAND COUNTY AND JOYCE JOHN C. NIVISON , Magistrate Judge . In this action, Plaintiff Dale Maddocks alleges Defendants, including Defendants Cumberland County and Sheriff Kevin Joyce, violated his constitutional rights in connection with an arrest and detention in May, 2013. The matter is before the Court on the motion for summary judgment of Defendant Cumberland County and Defendant Joyce. (Motion, ECF No. 57.)...
ORDER ON DEFENDANTS' MOTIONS TO DISMISS GEORGE Z. SINGAL , District Judge . Before the Court are Defendants' Motions to Dismiss (ECF Nos. 13 & 24) and Defendant HLC Escrow's Motion to Strike (ECF No. 23). As briefly explained herein, the Court determines that Plaintiff's claims are time barred and therefore GRANTS Defendants' Motions and DENIES AS MOOT the Motion to Strike. 1 I. LEGAL STANDARD The Federal Rules of Civil Procedure require only that a complaint contain "a short and plain...
REPORT AND RECOMMENDED DECISION 1 JOHN H. RICH, III , District Judge . This Supplemental Security Income ("SSI") appeal raises the questions of whether the administrative law judge erred in finding that the plaintiff's impairment did not meet a Listing, in failing to list as an exhibit a particular doctor's report, and in filing to address limitations identified by a treating source. I recommend that the court affirm the commissioner's decision. In accordance with the commissioner's...
RECOMMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW ON MOTION FOR DEFAULT JUDGMENT OF FORECLOSURE AND SALE RE: PROPERTY AT 10 SOUTH RIDGE DRIVE, STANDISH, MAINE 04084 MORTGAGE: AUGUST 5, 2008, BOOK 26280, PAGE 320 JOHN H. RICH , Magistrate Judge . Plaintiff, U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust ("U.S. Bank"), moves pursuant to Federal Rule of Civil Procedure 55(b)(2) for a default judgment on its complaint against defendant Karen J. Akey for foreclosure...
MEMORANDUM DECISION 1 JOHN H. RICH, III , Magistrate Judge . This Supplemental Security Income ("SSI") appeal raises the question of whether the administrative law judge supportably found the plaintiff capable of performing work existing in significant numbers in the national economy. The plaintiff seeks remand on the bases that the administrative law judge demonstrated improper bias against her because of her religious practices, cultural customs, and role as a mother, improperly...
ORDER ON THE MAINE DEPARTMENT OF EDUCATION'S MOTION REGARDING SUBMISSION OF ADDITIONAL EVIDENCE JON D. LEVY , District Judge . The Maine Department of Education (the "Department") is an Intervenor-Defendant in this case whose participation is limited to the question of whether it complied with the Maine Administrative Procedure Act, 5 M.R.S.A. 8001 et seq. (2016), when it adopted certain amendments to the Maine Unified Special Education Regulation ("MUSER") in 2010 relating to the...
REPORT AND RECOMMENDED DECISION 1 JOHN H. RICH, III , Magistrate Judge . This Social Security Disability ("SSD") appeal raises the question of whether the administrative law judge supportably found the plaintiff capable of performing work existing in significant numbers in the national economy. The plaintiff seeks remand on the basis that the administrative law judge erred in determining his residual functional capacity ("RFC") when she (i) relied on the opinion of an agency nonexamining...
REPORT AND RECOMMENDED DECISION 1 JOHN H. RICH, III , Magistrate Judge . This Social Security Disability ("SSD") and Supplemental Security Income ("SSI") appeal raises the question of whether the administrative law judge supportably found the plaintiff capable of performing work existing in significant numbers in the national economy. The plaintiff seeks remand on the bases that the administrative law judge (i) ignored a Maine Department of Health and Human Services ("DHHS") disability...
MEMORANDUM DECISION 1 JOHN H. RICH, III , Magistrate Judge . This Social Security Disability ("SSD") and Supplemental Security Income ("SSI") appeal questions the administrative law judge's failure to find that the plaintiff's post-traumatic stress disorder ("PTSD") was a severe impairment, her treatment of the opinion of a treating medical source, her evaluation of credibility, and her alleged interpretation of raw medical data. I affirm the commissioner's decision. In accordance with...
ORDER GRANTING MOTION TO DISMISS WITH PREJUDICE JOHN A. WOODCOCK, Jr. , District Judge . Upon motion by the Plaintiff, the Court dismisses his Complaint with prejudice. The Court assesses costs against the Plaintiff but rejects the Defendants' request for an award of attorney's fees. I. BACKGROUND On September 9, 2015, Anthony J. Sineni III filed a complaint against three named and some unknown law enforcement officers with the Cumberland County Sheriff's Office, alleging that they had...
RECOMMENDED DECISION ON 28 U.S.C. 2255 MOTION JOHN C. NIVISON , Magistrate Judge . In this action, Petitioner Wade Robert Hoover moves, pursuant to 28 U.S.C. 2255, to vacate, set aside or correct his sentence. (Motion, ECF No. 65; Attachments, ECF Nos. 65-1 to 65-12.) Following a guilty plea, Petitioner was convicted of sexual exploitation of two minors to create a visual depiction of the conduct, and possession of child pornography. (Judgment, ECF No. 38 at 1.) The Court sentenced...
ORDER ON DEFENDANT'S MOTION TO SUPPRESS JON D. LEVY , District Judge . Defendant Charles Flores is charged with possessing with intent to distribute a controlled substance, in violation of 21 U.S.C.A. 841(a)(1) (2016). Flores has moved to suppress all evidence obtained as a result of a pat-down search and a subsequent search of a hotel room by police officers on March 21, 2016. ECF No. 19. I grant the motion in part with respect to certain statements made by Flores, but otherwise deny...
REPORT AND RECOMMENDED DECISION 1 JOHN H. RICH, III , Magistrate Judge . This Social Security Disability ("SSD") appeal raises the question of whether the administrative law judge failed to address a particular diagnosis, adequately discussed the plaintiff's pain, wrongly considered agency reviews that did not consider a particular consultant's report, failed to consider properly the reports of lay observers, and failed to follow instructions from the Appeals Council. I recommend that...
RECOMMENDED DECISION ON MOTION FOR RELEASE JOHN H. RICH, III , Magistrate Judge . Defendant, Marie Angel Michaud, now serving a 6-month sentence following revocation of her probation, has filed a handwritten motion to terminate her sentence and for immediate release. ECF No. 59 ("Motion"). Because defendant is incarcerated, her motion might be construed as a motion for habeas relief pursuant to 28 U.S.C. 2255. Alternatively, her motion might be construed as a motion to reduce her...
