MEMORANDUM OF DECISION ON MOTION TO APPOINT A RECEIVER JOHN C. NIVISON , Magistrate Judge . The matter is before the Court on Plaintiff's Motion to Appoint a Receiver. (Motion, ECF No. 11.) Through the motion, Plaintiff asks the Court to appoint a receiver to oversee the location and the recovery of vehicles it leased to Defendant. Defendant did not respond to Plaintiff's complaint, nor did Defendant respond to the motion. Upon Plaintiff's request, the Court entered a default against...
RECOMMENDED DECISION ON MOTION FOR ENTRY OF DEFAULT JUDGMENT JOHN C. NIVISON , Magistrate Judge . When Defendant did not respond to Plaintiff's complaint in this matter, upon Plaintiff's request, the Court entered a default against Defendant on Plaintiff's complaint. (Order, ECF No. 8.) Plaintiff subsequently filed a Motion for Entry of Default Judgment. (Motion, ECF No. 10.) 1 Through the motion, Plaintiff asks the Court for the entry of a judgment in the amount of $505,354.84 in damages,...
ORDER ON PLAINTIFFS' MOTIONS TO REMAND AND TO FILE AMENDED COMPLAINTS JON D. LEVY , Chief District Judge . The Plaintiffs' complaint asserts a variety of claims arising out of their allegedly wrongful exclusion from business opportunities associated with a long-term energy supply contract with the University of Maine System. The Plaintiffs have moved to remand the case to state court (ECF No. 45), and have filed two successive motions for leave to amend their complaint (ECF Nos. 78, 91)....
ORDER ON DEFENDANT'S MOTION FOR A BILL OF PARTICULARS JON D. LEVY , Chief District Judge . Dusty Leo is charged in the Superseding Indictment (ECF No. 58) with one count of conspiring to commit a hate crime, in violation of 18 U.S.C.A. 371 (West 2019) and 18 U.S.C.A. 249(a)(1) (West 2019), as well as two counts of committing a hate crime, in violation of 18 U.S.C.A. 249(a)(1). Leo moves for a bill of particulars as to the conspiracy count (ECF No. 93). For the reasons set forth below,...
ORDER ON MOTION FOR RESENTENCING JOHN A. WOODCOCK, JR. , District Judge . The Court denies a defendant's motion for resentencing, concluding that United States v. Haymond, 139 S.Ct. 2369 (2019), does not affect the constitutionality and effectiveness of the first sentence of 18 U.S.C. 3583(k), which authorizes the imposition of a lifetime of supervised release for persons convicted of sexual exploitation of children and similar crimes. I. BACKGROUND On January 29, 2016, Andy Quinn...
RECOMMENDED DECISION ON AMENDED 28 U.S.C. 2255 MOTION 1 JOHN C. NIVISON , Magistrate Judge . Petitioner Karim Davis moves, pursuant to 28 U.S.C. 2255, to vacate, set aside or correct his sentence. (Motion, ECF No. 60, 69-1.) Following a guilty plea, Petitioner was convicted of possession with intent to distribute heroin and cocaine base; the Court sentenced Petitioner to 151 months in prison. (Judgment, ECF No. 47.) The First Circuit affirmed the sentence. United States v. Davis,...
RECOMMENDED DECISION AFTER REVIEW OF PLAINTIFF'S COMPLAINT JOHN C. NIVISON , Magistrate Judge . In this action, Plaintiff, formerly an inmate at the Maine State Prison and now an inmate at the Maine Correctional Center, alleges that Defendants failed to protect him from harm inflicted by another inmate while he was assigned to the prison. (Complaint, ECF No. 5-2.) Defendants consist of the commissioner of the Maine Department of Corrections (Defendant Liberty), the warden of the prison (...
REPORT AND RECOMMENDED DECISION 2 JOHN H. RICH, III , Magistrate Judge . This Social Security Disability ("SSD") appeal raises the question of whether the administrative law judge ("ALJ") supportably found the plaintiff capable, through her date last insured for SSD benefits, of performing work existing in significant numbers in the national economy. The plaintiff seeks remand on the bases that (i) the Appeals Council erroneously declined to consider a medical source statement from...
MEMORANDUM DECISION AND ORDER ON MOTION FOR ALTERNATIVE SERVICE JOHN H. RICH, III , Magistrate Judge . In this action to enforce a commercial guaranty, plaintiff People's United Bank, National Association ("People's United Bank"), seeks to serve defendant Myles Alpert by leaving "the summons and complaint at the entry of the secure building where Defendant's usual place of abode is located, and by mailing a copy of the same to the Defendant at his said abode[.]" Motion for Alternative...
MEMORANDUM DECISION AND ORDER ON MOTION TO SERVE DEFENDANT GLENN FARRAR, A/K/A/GLENN E. FARRAR, JR., BY PUBLICATION JOHN H. RICH, III , Magistrate Judge . The plaintiff in this mortgage foreclosure action, U.S. Bank Trust, N.A., as Trustee for LSF10 Master Participation Trust ("U.S. Bank Trust"), seeks to serve defendant Glenn Farrar a/k/a/Glenn E. Farrar, Jr., by publication. See Motion to Serve Defendant, Glenn Farrar a/k/a Glenn E. Farrar, Jr., by Publication ("Motion") (ECF No. 14)....
MEMORANDUM DECISION AND ORDER ON MOTION TO SERVE DEFENDANT LINDA A. BALL BY ALTERNATIVE METHOD JOHN H. RICH, III , Magistrate Judge . The plaintiff in this mortgage foreclosure action, Federal National Mortgage Association ("FNMA"), seeks to serve defendant Linda A. Ball by leaving a copy of the summons and complaint at the subject property and/or by publication. See Motion to Serve Defendant, Linda A. Ball, by Alternative Method ("Motion") (ECF No. 22). Because I conclude that FNMA has...
REPORT AND RECOMMENDED DECISION 2 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 ("ALJ") supportably found the plaintiff capable of performing past relevant work as a fast food worker. The plaintiff seeks remand on the bases that the ALJ erred in (i) failing to recognize his cognitive and learning disorders as severe impairments, (ii) making a...
RECOMMENDED DISMISSAL OF COMPLAINT AS TO DEFENDANT DAVID TIMMS JOHN H. RICH, III , Magistrate Judge . Because, following an earlier extension of time, the plaintiff has filed no response to this court's September 11, 2019, order directing him to "show good cause in writing no later than September 25, 2019," why service upon defendant David Timms had not timely been made, "failing which the complaint shall be dismissed as to David Timms[,]" Order to Show Cause (ECF No. 44), I recommend...
ORDER ON DEFENDANTS' MOTION RE: DISCOVERY (ECF NO. 408) GEORGE Z. SINGAL , District Judge . Before the Court is Defendants Brian Bilodeau & Brian Bilodeau, LLC (together, the "Bilodeau Defendants") Motion for Discovery (ECF No. 408). Having considered the Motion, the Government's Response (ECF No. 495), and Defendants' Reply (ECF No. 592), the Court now DENIES the Motion. In response to the various discovery requests put forward by the Bilodeau Defendants, the Government has indicated...
ORDER ON DEFENDANTS' MOTIONS RE: SEVERANCE (ECF NOS. 316 & 324) GEORGE Z. SINGAL , District Judge . Before the Court are: (1) the Motion for Severance by Defendant MR, LLC ("MR") (ECF No. 316) and (2) the Motion for Relief from Misjoinder and for Severance by Defendants Brian Bilodeau & Brian Bilodeau, LLC (together, the "Bilodeau Defendants") (ECF No. 324). 1 MR seeks a separate trial. The Bilodeau Defendants also request a separate trial or, alternatively, to be tried separately with...
ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE JOHN A. WOODCOCK, JR. , District Judge . No objection having been filed to the Magistrate Judge's Recommended Decision filed September 20, 2019 (ECF No. 26), the Court accepts the Recommended Decision. The Court has reviewed and considered the Magistrate Judge's Recommended Decision, together with the entire record; the Court has made a de novo determination of all matters adjudicated by the Magistrate Judge's Recommended...
ORDER ON DEFENDANTS' MOTION RE: SUPPRESSION OF EVIDENCE AND FRANKS HEARING (ECF NO. 405) GEORGE Z. SINGAL , District Judge . Before the Court is a Motion to Suppress Evidence and for a Franks Hearing by Defendants Brian Bilodeau & Brian Bilodeau, LLC (together, the "Bilodeau Defendants") (ECF No. 405). 1 Having fully considered the filings related to the Motion as well as relevant developments noted on the docket, the Court DENIES the Motion. I. LEGAL STANDARD "A warrant...
MEMORANDUM OF DECISION LANCE E. WALKER , District Judge . On September 16, 2019, the Court sustained Plaintiff's Statement of Errors, vacated Defendant's final administrative decision, and remanded the matter for further proceedings. The matter is before the Court on Plaintiff's Application for Fees and Expenses pursuant the Equal Access to Justice Act, 28 U.S.C. 2412 (ECF No. 21), and Plaintiff's Bill of Costs (ECF No. 22). Defendant offers no objection to Plaintiff's requests,...
ORDER ON DEFENDANTS' MOTION RE: DISMISSAL OF COUNTS 12 & 13 (ECF NO. 402) GEORGE Z. SINGAL , District Judge . Before the Court is the Motion to Dismiss by Defendants Brian Bilodeau & Brian Bilodeau LLC (together, the "Bilodeau Defendants") (ECF No. 402). For reasons stated herein, the Court DENIES the Motion. 1 I. BACKGROUND 2 Via the Motion to Dismiss, the Bilodeau Defendants ask this Court to dismiss two specific counts of the Superseding Indictment: (1) Count 12, in which Bilodeau,...
ORDER ON DEFENDANTS' MOTIONS RE: BILL OF PARTICULARS (ECF NOS. 317 & 414) GEORGE Z. SINGAL , District Judge . Before the Court are: (1) the Motion for a Bill of Particulars by Defendant MR, LLC ("MR") (ECF No. 317), 1 and (2) the Motion for Bill of Particulars by Defendants Brian Bilodeau & Brian Bilodeau, LLC (together, the "Bilodeau Defendants") (ECF No. 414). Having fully considered the filings made as to both Motions and related developments noted on the docket, the Court DENIES both...
