ORDER JOSEPH N. LAPLANTE, Chief District Judge. After due consideration of the objection filed, I herewith approve the Report and Recommendation of Magistrate Judge Andrea K. Johnstone dated December 2, 2014. SO ORDERED.
REPORT AND RECOMMENDATION ANDREA K. JOHNSTONE, Magistrate Judge. Presently before the court are: • Plaintiff Daniel Ayer's motions (doc. nos. 29 and 39), seeking reconsideration of the August 18, 2014, Order (doc. no. 26); • Ayer's motions seeking to amend the complaint (doc. nos. 30 and 36), along with complaint addenda that he filed unaccompanied by any motion (doc. nos. 17, 52, and 53); • Ayer's motions and related filings seeking preliminary injunctive relief (doc. nos. 21, 27, and 32)...
AMENDED ORDER Opinion No. 2014 DNH 263. ANDREA K. JOHNSTONE, Magistrate Judge. The Prudential Insurance Company of America ("Prudential") brought this interpleader action to resolve competing claims to the benefits of two Prudential life insurance policies. The defendants are Penny Santy, who was married to the decedent, Robert Santy, at the time of his death, and Debra Menard, Robert's brother's ex-wife. Prudential has been dismissed from the case. Menard moves to dismiss the complaint....
MEMORANDUM AND ORDER No. 2014 DNH 266. PAUL BARBADORO, District Judge. Third parties in New Hampshire can have their candidates placed on a statewide general election ballot by obtaining the requisite number of nomination papers from registered voters in this State. In July 2014, the General Court amended this procedure to require that all nomination papers be signed in the same year as the general election. In this action, the Libertarian Party of New Hampshire seeks to invalidate the same-...
ORDER JOSEPH N. LAPLANTE, Chief District Judge. No objection having been filed, I herewith approve the Report and Recommendation of Magistrate Judge Andrea K. Johnstone dated December 8, 2014. "`[O]nly those issues fairly raised by the objections to the magistrate's report are subject to review in the district court and those not preserved by such objection are precluded on appeal.'" School Union No. 37 v. United Nat'l Ins. Co., 617 F.3d 554 , 564 (1st Cir. 2010) ( quoting Keating v....
REPORT AND RECOMMENDATION ANDREA K. JOHNSTONE, Magistrate Judge. Before the court is the November 10, 2014, Amended Complaint (doc. no. 66), filed by Attorney Cairns on plaintiff Christopher Polansky's behalf. The Amended Complaint supersedes and moots all other pleadings filed by Polansky pro se, and is before this court for preliminary review, pursuant to LR 4.3(d)(1) and 28 U.S.C. 1915A. The standard applied by this court in conducting that preliminary review is set forth in this court'...
MEMORANDUM AND ORDER PAUL BARBADORO, District Judge. Derry & Webster, LLC has sued Bayview Loan Servicing, LLC to recover damages it suffered as a result of a foreclosure sale. Bayview has responded with a motion to dismiss for failure to state a claim. For the reasons that follow, I grant Bayview's motion in part and deny it in part. I. BACKGROUND 1 In September 2007, Derry & Webster granted two mortgages on property it owned in Hudson, New Hampshire to Silver Hill Financial, LLC as...
MEMORANDUM AND ORDER Opinion No. 2014 DNH 265. PAUL BARBADORO, District Judge. Mark Bellerose, a former custodian at the Mont Vernon Village School ("MVVS"), has sued School Administrative Unit #39 ("SAU #39") for violations of the Americans with Disabilities Act (the "ADA") and New Hampshire state law. Bellerose claims that SAU #39 violated the ADA by refusing to renew his contract and later failing to rehire him because he suffers from Asperger's Disorder. He bases his state law claims on...
ORDER JOSEPH A. DiCLERICO, Jr., District Judge. Walter Steele brought suit in state court, seeking an injunction against Deutsche Bank National Trust Company to stop foreclosure proceedings against Steele's home and bringing three claims for damages. Deutsche Bank removed the case to this court. After an initial misstep that resulted in default being entered against it, Deutsche Bank filed a motion to dismiss. Steele asked for an extension of time to respond because the parties were...
ORDER ANDREA K. JOHNSTONE, Magistrate Judge. The Prudential Insurance Company of America ("Prudential") brought this interpleader action to resolve competing claims to the benefits of two Prudential life insurance policies. The defendants are Penny Santy, who was married to the decedent, Robert Santy, at the time of his death, and Debra Menard, Robert's brother's ex-wife. Prudential has been dismissed from the case. Menard moves to dismiss the complaint. Santy objects. Background In 1988...
ORDER No. 2014 DNH 262. LANDYA McCAFFERTY, District Judge. George Wilson won a jury verdict against Port City Air, Inc. ("Port City") on claims for retaliation under Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq. , and New Hampshire's Law Against Discrimination, N.H. Rev. Stat. Ann. ("RSA") 354-A. Before the court are Wilson's motions for: (1) either additur or a new trial on damages; and (2) attorneys' fees and costs. Port City objects to Wilson's first motion in...
ORDER Opinion No. 2014 DNH 252. LANDYA McCAFFERTY, District Judge. Wells Fargo Bank, N.A., as Trustee on behalf of the holders of Harborview Mortgage Loan Pass-Through Certificates 2006-12 ("Wells Fargo"), foreclosed on the Derry, New Hampshire property (the "property") of John C. Burke, III. Burke, acting pro se, filed suit in state court seeking to enjoin Wells Fargo from proceeding with a possessory action on the property. After removing the suit to this court, Wells Fargo filed a motion...
ORDER Opinion No. 2014 DNH 260. JOSEPH A. DiCLERICO, Jr., District Judge. John and Lisa Mudge's remaining claims against Bank of America, N.A. are for breach of contract, Count I, and breach of the implied covenant of good faith and fair dealing, Count II. The Mudges served a notice of deposition pursuant to Federal Rule of Civil Procedure 30(b)(6) on Bank of America. Bank of America moves to quash the notice of deposition, and the Mudges object. Standard of Review "Unless otherwise limited...
ORDER Opinion No. 2014 DNH 258. LANDYA MCCAFFERY, District Judge. Harley-Davidson Credit Corporation ("Harley-Davidson") brought suit against RASair, LLC ("RASair") and Mark Galvin, alleging claims for breach of contract against both defendants. Default was entered against RASair, and the court granted in part Harley-Davidson's motion for summary judgment on its breach of contract claim against Galvin. 1 Galvin moves for reconsideration. Harley-Davidson objects. Background On April 24,...
ORDER ANDREA K. JOHNSTONE, Magistrate Judge. Plaintiff David Widi has filed a pleading, docketed as an "Amended Complaint" (doc. no. 21), which is before this court for preliminary review, pursuant to 28 U.S.C. 1915A and LR 4.3(d)(1). Also before this court for a ruling is Widi's motion to stay this action for sixty days (doc. no. 24). I. Amended and Supplemental Pleadings Federal Rule of Civil Procedure 15(a)(1)(B) allows Widi one opportunity to file an amended pleading as of right....
ORDER Opinion No. 2014 DNH 254. STEVEN J. McAULIFFE, District Judge. Pursuant to 42 U.S.C. 405(g) and 1383(c)(3), claimant, Thomas Hainey, moves to reverse or vacate the Acting Commissioner's decision denying his applications for Disability Insurance Benefits ("DIB") and Supplemental Security Income ("SSI") Benefits under the Social Security Act, 42 U.S.C. 423 and 1381-1383c (the "Act"). The Acting Commissioner objects and moves for an order affirming her decision. For the reasons...
MEMORANDUM AND ORDER Opinion No. 2014 DNH 250. PAUL BARBADORO, District Judge. Marco Garcia ("Garcia") was convicted in this court of conspiracy to distribute cocaine and to possess it with intent to distribute. He was sentenced to 198 months in prison. He now moves to vacate his sentence pursuant to 28 U.S.C. 2255. For the reasons that follow, I deny Garcia's motion. 1 I. BACKGROUND A. Overview of the Conspiracy Garcia was convicted as a participant in an international drug...
MEMORANDUM ORDER DENYING PETITION FOR WRIT OF ERROR CORAM NOBIS Opinion No. 2014 DNH 253. JOSEPH N. LAPLANTE, District Judge. Escolastico Suero was indicted in this court on charges of conspiracy to possess with the intent to distribute, and to import, cocaine. See 21 U.S.C. 841, 846, 952, 963. This conspiracy resulted in the death of one of its participants from ingesting packets of cocaine in an attempt to smuggle them into the United States from the Dominican Republic. With the...
ORDER JOSEPH N. LAPLANTE, Chief Judge. No objection having been filed, I herewith approve the Report and Recommendation of Magistrate Judge Andrea K. Johnstone dated November 13, 2014. "`[O]nly those issues fairly raised by the objections to the magistrate's report are subject to review in the district court and those not preserved by such objection are precluded on appeal.'" School Union No. 37 v. United Nat'l Ins. Co., 617 F.3d 554 , 564 (1st Cir. 2010) ( quoting Keating v. Secretary of...
REPORT AND RECOMMENDATION ANDREA K. JOHNSTONE, Magistrate Judge. Before the court is plaintiff John Barber's motion for a preliminary injunction (doc. no. 38). Defendant Richard Gerry objects (doc. no. 36). Background In this action, Barber alleges that defendant Brian Hill, a former corrections officer, facilitated and allowed another inmate to assault Barber on March 22, 2013, while Barber was housed in the Special Housing Unit ("SHU") of the New Hampshire State Prison ("NHSP"). Barber...
