ORDER FOR CONTINUANCE WILLIAM H. WALLS, District Judge. This matter having come before the Court on the joint application of Paul J. Fishman, United States Attorney for the District of New Jersey (Adam N. Subervi, Assistant U.S. Attorney, appearing), and defendant Randy Andrew (Paul Casteleiro, Esq., appearing), for an order granting a continuance of the proceedings in the above-captioned matter to conduct discovery, prepare/litigate pretrial motions, and prepare for trial, and the defendant...
OPINION NOEL L. HILLMAN, District Judge. This case concerns plaintiff's claims that the defendant insurance company is equitably estopped from denying his entitlement to Underinsured Motorist Insurance ("UIM") coverage. Presently before the Court is plaintiff's motion for summary judgment. For the reasons expressed below, plaintiff's motion will be denied without prejudice. BACKGROUND & DISCUSSION While plaintiff, Foyell D. Owens, was employed by Delaware Valley Lift Truck, Inc. ("DVLT"),...
MEMORANDUM OPINION & ORDER NOEL L. HILLMAN, District Judge. WHEREAS, this Court having ordered defendant to file a certification attesting to his state of citizenship so that the Court could determine whether diversity of citizenship exits between the parties to support jurisdiction over plaintiff's action pursuant to 28 U.S.C. 1332 ( see Docket No. 11); and Defendant having filed his certification, wherein he supports his contention that he is a citizen of the state of New Jersey, which...
OPINION NOEL L. HILLMAN, District Judge. This action concerns plaintiff's claims of defamation and false light. Presently before the Court is defendants' motion for summary judgment. Also pending is plaintiff's motion for partial summary judgment on the burden of proof. For the reasons expressed below, defendants' motion will be granted, and plaintiff's motion will be denied as moot. BACKGROUND Defendant, Michael Capuzzo, wrote a non-fiction book, The Murder Room: The Heirs of Sherlock...
ORDER FAITH S. HOCHBERG, District Judge. This matter having been opened to the Court on the joint application of Paul J. Fishman, United States Attorney for the District of New Jersey (Anthony Moscato and Lisa M. Colone, Assistant U.S. Attorneys, appearing), and defendants Young-Kyu Park, a/k/a "Oscar" and "Anthony Bak" (by Mark Waecker, Esq., appearing), Soong-Young Park (by Alan Baum, Esq., appearing), Hanna Park (by Steven Brill, Esq., appearing), Hyeun-Jin Park, a/k/a "Sharine" (by...
OPINION NOEL L. HILLMAN, District Judge. Presently before the Court are: (1) the Motion for Partial Summary Judgment [Doc. No. 11] of Plaintiff Bay Colony Condominium Association ("Bay Colony," "the Association," or "Plaintiff"), and (2) the Cross-Motion for Summary Judgment [Doc. No. 16] of Defendants Scottsdale Insurance Company ("Scottsdale"), C.I.A. Adjusters & Investigators, Inc.'s ("C.I.A.") and Bruce D. Guttenplan ("Guttenplan")(collectively hereinafter "Defendants"). For the reasons...
OPINION NOEL L. HILLMAN, District Judge. Presently before the Court is the Motion for Summary Judgment of Defendants Sergeant Rodney Ruark, Sergeant James Sarkos, and Detective Timothy Rose (collectively hereinafter "Defendants" or "the Officers"). 1 For the reasons that follow, the Motion will be granted. I. FACTUAL BACKGROUND AND PROCEDURAL HISTORY In March of 2008, the Atlantic City Police Department and Atlantic County Prosecutors Office began a joint investigation into ongoing drug...
OPINION NOEL L. HILLMAN, District Judge. This matter has come before the Court on the parties' crossmotions for summary judgment in this insurance coverage dispute. For the reasons expressed below, plaintiff's motion will be granted, and defendant's motion will be denied. BACKGROUND Plaintiff, Evanston Insurance Company, filed this declaratory judgment action, claiming that it does not have a duty to defend or indemnify defendant, Elisabeth Crocilla and her massage therapy business, A-Way...
OPINION NOEL L. HILLMAN, District Judge. This matter comes before the Court pursuant to Section 205(g) of the Social Security Act, as amended, 42 U.S.C. 405(g), to review the final decision of the Commissioner of the Social Security Administration, denying the application of Plaintiff for Disability Insurance Benefits and Supplemental Security Income ("Social Security benefits") under Title II and Title XVI of the Social Security Act. 42 U.S.C. 401, et seq. The issue before the Court is...
MEMORANDUM OPINION & ORDER TO SHOW CAUSE NOEL L. HILLMAN, District Judge. WHEREAS plaintiff, Cynthia Sims-Felton, having filed a complaint against defendants alleging that her employer, Showboat Atlantic City Operating Company, L.L.C., operating as the Showboat Casino Hotel ("Showboat"), discriminated and retaliated against her, and her co-workers at Showboat: (1) defamed her by calling her racial slurs and making derogatory gestures, (2) falsely accused her of making a threatening remark, (3)...
OPINION FAITH S. HOCHBERG, District Judge. Petitioner Miguel A. Suarez, a prisoner currently confined at New Jersey State Prison in Trenton, New Jersey, has submitted a petition for a writ of habeas corpus pursuant to 28 U.S.C. 2254. The respondents are Administrator Greg Bartkowski and the Attorney General of New Jersey. For the reasons stated herein, the Petition will be denied. I. BACKGROUND A. Factual Background The relevant facts are set forth in the opinion of the Superior...
OPINION DICKINSON R. DEBEVOISE, District Judge. This case arises out of a claim for coverage under an insurance bond, brought by an insured credit union for fraud committed upon it by third parties in a mortgage scheme. On March 1, 2012, the Court granted partial summary judgment in favor of Plaintiff Sperry Associates Federal Credit Union ("Sperry"), and denied a concurrent motion for summary judgment or in the alternative partial summary judgment filed by Defendant Cumis Insurance Society,...
OPINION JEROME B. SIMANDLE, Chief District Judge. THIS MATTER comes before the Court on the motions of plaintiff, Tormu E. Prall ("Prall"), for an injunction (Docket entry no. 81), filed on or about March 16, 2012, and for legal supplies (Docket entry no. 84), filed on March 26, 2012. Counsel for Defendants, Jimmy Barnes, James Keil, Michelle Ricci and Chris Holmes (collectively the "NJSP Defendants"), filed opposition to Plaintiff's motions. Recently, Plaintiff filed a motion for leave to...
OPINION JEROME B. SIMANDLE, Chief District Judge. Respondents have filed a motion to seal (docket entry 28) in this habeas case filed by Petitioner pursuant to 28 U.S.C. 2254. Petitioner has not opposed the motion. For the following reasons, the motion will be granted. BACKGROUND Respondents filed this motion to seal along with their Response to Petitioner's habeas petition. Respondents seek to admit, as part of the state court record attached to that Response, Petitioner's state Pre-...
OPINION NOEL L. HILLMAN, District Judge. This matter concerns which entity is liable to pay for a multi-million dollar state court jury verdict in favor of a plaintiff who sued the County of Camden, New Jersey for injuries he sustained when he drove off the road and into a guardrail owned and maintained by the County. Presently before the Court is the issue of which party must first produce its expert reports. The parties have agreed that the order of expert disclosure should follow the...
OPINION NOEL L. HILLMAN, District Judge. This case involves allegations of constitutional and state law violations by defendant police officers in connection with the execution of a "no-knock" search warrant executed at night upon plaintiffs at their home. Presently before the Court are the following motions: a) Motion to seal confidential materials and for summary judgment by defendants Ventnor City, Theordore Bergman, Michael Miller, and Jason Rzemyk ("Ventnor defendants") 1 ; b) Motion for...
OPINION JEROME B. SIMANDLE, Chief District Judge. THIS MATTER comes before the Court on the motion of Respondents to seal materials in accordance with Local Civil Rule 5.3. ( See Docket entry nos. 16 and 17). Petitioner has not opposed the motion. This motion is being considered on the papers, pursuant to Fed.R.Civ.P. 78. For the reasons set forth below, Respondents' motion will be granted. I. BACKGROUND Petitioner, Dennis Copling, filed a petition for a writ of habeas corpus, pursuant...
OPINION REN E MARIE BUMB, District Judge. Defendants Township of Willingboro, Willingboro Director of Public Safety Gregory Rucker, Willingboro Police Officers Iris Cedeno ("Cedeno"), Jennifer Knecht ("Knecht"), and Jaime Jimenez ("Jimenez") (and collectively, the "Defendants") have moved for summary judgment. For the reasons that follow, that motion is GRANTED. I. Background A. Factual On April 15, 2008, shortly after 8:00 p.m., Plaintiff Paul James Ash, ("Plaintiff"), parked his car...
MEMORANDUM OPINION & ORDER NOEL L. HILLMAN, District Judge. This matter having come before the Court on plaintiff's motion for reconsideration of the Court's March 27, 2012 Opinion and Order granting defendants' motion for summary judgment in defendants' favor; 1 and Local Civil Rule 7.1(I) providing, in relevant part, "A motion for reconsideration shall be served and filed within 14 days after the entry of the order or judgment on the original motion by the Judge or Magistrate Judge. A...
OPINION FAITH S. HOCHBERG, District Judge. Petitioner Anthony Vega, a prisoner currently confined at Southern State Correctional Facility in Delmont, New Jersey, has submitted a petition for a writ of habeas corpus pursuant to 28 U.S.C. 2254. The respondents are Administrator C. Ray Hughes and the Attorney General of the State of New Jersey. This matter is presently before the Court pursuant to Petitioner's submission of a Letter [9] in which he states that he was recently informed by the...
