NOT FOR PUBLICATION OPINION JOSE L. LINARES , District Judge . Presently before the Court is Defendant's motion to dismiss (ECF No. 6 ("Def.'s Mot.") Plaintiff's Complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). Jurisdiction is premised upon 28 U.S.C. 1332(d). ( See ECF 1 4.) No oral argument was heard pursuant to Rule 78 of the Federal Rules of Civil Procedure. After considering the submissions of the parties in support of and in opposition to the instant motion,...
OPINION KEVIN McNULTY , District Judge . Herold Antoine brings this action pro se alleging violations of his 5 th and 14 th amendment rights pursuant to 42 U.S.C. 1983 ("Section 1983"). Mr. Antoine's claims arise from prior litigation in New Jersey state court against his former car insurance provider, Mercury Insurance ("Mercury"), and insurance broker, Royale Insurance Agency ("Royale"). His claims against Mercury and Royale were dismissed with prejudice by the state trial-level...
MEMORANDUM AND ORDER CLAIRE C. CECCHI , District Judge . This matter having come before the Court on Petitioner Alexis L. Martinez ("Petitioner")'s Petition for Writ of Habeas Corpus pursuant to 18 U.S.C. 2241 ("Petition"). Petitioner is challenging his mandatory detention by immigration officials under 8 U.S.C. 1226(c). Having screened the Petition in accordance with Rule 4 of the Rules Governing Section 2254 Cases, applicable to 2241 cases through Rule 1(b), IT IS on this 29 th...
OPINION Walls , Senior District Judge Defendant Express Dynamics, LLC, d/b/a WorkXpress ("WorkXpress") moves to dismiss this action, arguing that it is duplicative with ongoing litigation in Pennsylvania and that this Court should abstain. Alternatively, Defendant moves for the Court to dismiss certain counts and to stay the action pending a decision in Pennsylvania. Decided without oral argument under Federal Rule of Civil Procedure 78, Defendant's motion is denied. FACTUAL AND...
ORDER FOR DISCOVERY AND INSPECTION STANLEY R. CHESLER , District Judge . In order to eliminate unnecessary motions for discovery in this case, to eliminate delays in the presentation of evidence and the examination of witnesses and to expedite the trial pursuant to the provisions of the Speedy Trial Act of 1974, IT IS ORDERED: 1. CONFERENCE . Within ten (10) days from the date hereof, the United States Attorney or one of his or her assistants and the defendant's attorney shall meet...
NOT FOR PUBLICATION OPINION JOSE L. LINARES , District Judge . This matter comes before the Court on a motion for bail pending appeal filed by Defendant pursuant to 18 U.S.C. 3143(b). The motion is opposed. On November 12, 2015, the Court heard argument on the motion. For the reasons discussed below, Defendant's motion is denied. I. BACKGROUND On January 14, 2014, a Complaint was filed against Defendant charging him with violating 18 U.S.C. 2511(1)(a) and (2) because he allegedly "...
NOT FOR PUBLICATION OPINION CLAIRE C. CECCHI , District Judge . I. INTRODUCTION Before the Court is Claimant Samuel Cardona Adames's ("Claimant") appeal seeking review of a final determination by the Commissioner of the Social Security Administration ("Commissioner") partially denying his application for disability benefits under the Social Security Act. The issue to be decided is whether the Commissioner's denial of benefits is supported by substantial evidence. For the reasons set...
NOT FOR PUBLICATION OPINION WILLIAM H. WALLS , Senior District Judge . As part of a 2014 settlement, Defendant Herbert Saltzman agreed to execute a Consent Judgment that would be held in escrow by Plaintiff David Bonomo. Saltzman has not complied with the agreement. Plaintiff moves for the Court to enforce the settlement agreement by compelling Saltzman's execution of the Consent Judgment. The motion is granted. FACTUAL AND PROCEDURAL BACKGROUND This case was dismissed by the Court on...
NOT FOR PUBLICATION ORDER CLAIRE C. CECCHI , District Judge . This matter comes before the Court on a motion of Defendants Vinculum Group Limited and Annajee Nott (collectively, "Defendants") to dismiss Plaintiff Sudhan Thomas's ("Plaintiff") Complaint for lack of personal jurisdiction, pursuant to Federal Rule of Civil Procedure 12(b)(2). (ECF No. 7.) Plaintiff opposed this motion. (ECF No. 11.) On August 4, 2015, Magistrate Judge Clark issued a Report and Recommendation ("R&R"),...
OPINION CLAIRE C. CECCHI , District Judge . I. INTRODUCTION This matter comes before the Court on a motion of Defendants Vinculum Group Limited ("Vinculum") and Annajee Nott ("Nott") (collectively, "Defendants") to dismiss Plaintiff Sudhan Thomas's ("Plaintiff") Complaint for lack of personal jurisdiction, pursuant to Federal Rule of Civil Procedure 12(b)(2). (ECF No. 7.) Plaintiff opposed this motion. (ECF No. 11.) On August 4, 2015, Magistrate Judge Clark issued a Report and...
NOT FOR PUBLICATION MEMORANDUM OPINION MARY L. COOPER , District Judge . THE DEFENDANT moves pursuant to 28 U.S.C. ("Section") 1404(a) to transfer this action to the United States District Court for the Northern District of California ("Northern District of California"). This Court will address the motion upon review of all of the papers filed in relation thereto, and without oral argument. ( See dkt. 16 (defendant's motion and supporting papers); dkt. 19 (plaintiff's opposition); dkt....
NOT FOR PUBLICATION OPINION STANLEY R. CHESLER , District Judge . This matter is before the Court upon Petitioner's motion to vacate, set aside, or correct his sentence, pursuant to 28 U.S.C. 2255. (ECF No. 1.) Rule 4 of the Rules Governing Section 2255 Cases in the United States District Courts requires the sentencing judge to examine the motion, and if it plainly appears from the motion, any attached exhibits, and the record of prior proceedings that the moving party is not entitled...
ORDER JOSE L. LINARES , District Judge . THIS MATTER comes before the Court upon Defendant Food and Drug and the Bug's ("Defendant FDB") 1 Motion to Dismiss this matter for lack of personal jurisdiction pursuant to Federal Rule of Civil Procedure 12(b)(2) or to transfer this matter to the District of Massachusetts pursuant to 28 U.S.C. 1404(a). (ECF No. 5). This Court had referred Plaintiffs' application to the Honorable Joseph A. Dickson, United States Magistrate Judge, pursuant to 28...
OPINION JOSE L. LINARES , District Judge . This matter comes before the Court upon the appeal of Samary Rivera ("Plaintiff") from the final decision of the Commissioner upholding the final determination by Administrative Law Judge ("ALJ") Barbara Dunn denying Plaintiff's application for Supplemental Security Income ("SSI") under the Social Security Act (the "Act"). ALJ Dunn found that Plaintiff did not have a disability under the Act from May 20, 2009 to the time of the decision. The...
MEMORANDUM OPINION JEROME B. SIMANDLE , Chief District Judge . This case arises from a dispute between plaintiff Plantation Bay, LLC ("Plantation Bay") and defendant Stewart Title Guaranty Company ("Stewart Title") over a title insurance policy issued by Stewart Title to Plantation Bay. Plantation Bay also brings suit against ten John Doe defendants allegedly acting as agents of Stewart Title. The crux of the dispute between the parties relates to a restrictive covenant on land Plantation...
ORDER FOR DISCOVERY AND INSPECTION FREDA L. WOLFSON , District Judge . In order to eliminate unnecessary motions for discovery in this case, to eliminate delays in the presentation of evidence and the examination of witnesses, and to expedite the trial pursuant to the provisions of the Speedy Trial Act of 1974, IT IS ORDERED: 1. Conference . Within ten (10) days from the date hereof, the attorneys representing the United States and the defendant shall meet or confer to seek to resolve...
NOT FOR PUBLICATION MEMORANDUM OPINION AND ORDER CLAIRE C. CECCHI , District Judge . This matter comes before the Court upon the motion of Plaintiffs Michael Santa Lucia, Frank Bruno, Ivan Casiano, Danny Brattoli, Joseph Tritto, Gabriel Scianna, and Dwayne Webster (collectively, "Plaintiffs") to approve the settlement reached between the parties on November 18, 2015. Plaintiffs' Brief in Support of the Parties' Settlement of Plaintiff's FLSA Claims ("Pl. Br."), ECF No. 127. The Court...
NOT FOR PUBLICATION MARY L. COOPER , District Judge . MEMORANDUM OPINION THE DEFENDANT moves pursuant to 28 U.S.C. ("Section") 1404(a) to transfer this action to the United States District Court for the Northern District of California ("Northern District of California"). This Court will address the motion upon review of all of the papers filed in relation thereto, and without oral argument. ( See dkt. 24 (defendant's motion and supporting papers); dkt. 27 (plaintiff's opposition); dkt....
NOT FOR PUBLICATION MEMORANDUM OPINION MICHAEL A. SHIPP , District Judge . This matter comes before the Court on the separate summary judgment motions of Defendants Great American Lines, Inc. ("GAL"), MVP Leasing, Inc. ("MVP") (collectively, "Transporter Defendants"), and Pilot Travel Centers LLC ("Pilot"), (collectively with Transporter Defendants, "Moving Defendants") (ECF Nos. 178-181), and on the cross motion of Plaintiff AXA Corporate Solutions Assurance ("AXA" or "Plaintiff") for...
NOT FOR PUBLICATION OPINION STANLEY R. CHESLER , District Judge . This matter comes before the Court on Defendant Stevie Buckuse's ("Buckuse") motion to reduce his sentence under 18 U.S.C. 3582(c)(2), United States Sentencing Guidelines ("U.S.S.G.") Amendment 750, and the Fair Sentencing Act ("FSA"). (ECF No. 120.) The Government filed a response in opposition to Buckuse's motion (ECF No. 122.) For the reasons discussed below, the Court will deny Buckuse's motion. I. BACKGROUND A...
