REPORT AND RECOMMENDATION LEDA DUNN WETTRE , Magistrate Judge . Before the Court is defendants' motion to dismiss this action for lack of subject matter jurisdiction, lack of personal jurisdiction, and insufficient service of process, pursuant to Fed. R. Civ. P. 12(b)(1), (2), and (5), respectively. (ECF Nos. 15, 21). In the alternative, defendants seek a transfer of venue to the United States District Court for the Eastern District of New York ("EDNY"). Plaintiff opposes the motion. (ECF...
ORDER FOR DISMISSAL ANTHONY R. MAUTONE , Magistrate Judge . Under Rule 48(a) of the Federal Rules of Criminal Procedure, and by leave of Court endorsed hereon, Craig Carpenito, the United States Attorney for the District of New Jersey, hereby dismisses Violation No. 6042454 and Violation No. 6042456 against defendant Darwin Villarroel, which was filed on July 10, 2019 charging him with Assault and Public Intoxication, for the reason that prosecution of defendant Darwin Villarroel is being...
ORDER ANTHONY R. MAUTONE , Magistrate Judge . The financial ability of the defendant to retain counsel having been established by the Court, and the defendant not having waived the appointment of counsel, IT IS on this 19 th day of September , 2019 ORDERED that the Office of the Federal Public Defender for the District of New Jersey is hereby appointed to represent said defendant in this cause until further Order of the Court.
ORDER ANTHONY R. MAUTONE , Magistrate Judge . The financial ability of the defendant to retain counsel having been established by the Court, and the defendant not having waived the appointment of counsel, IT IS on this 19 th day of December , 2019 ORDERED that the Office of the Federal Public Defender for the District of New Jersey is hereby appointed to represent said defendant in this cause until further Order of the Court.
ORDER ANTHONY R. MAUTONE , Magistrate Judge . The financial ability of the defendant to retain counsel having been established by the Court, and the defendant not having waived the appointment of counsel, IT IS on this 4 th day of December , 2019 ORDERED that the Office of the Federal Public Defender for the District of New Jersey is hereby appointed to represent said defendant in this cause until further Order of the Court.
ORDER ANTHONY R. MAUTONE , Magistrate Judge . The financial ability of the defendant to retain counsel having been established by the Court, and the defendant not having waived the appointment of counsel, IT IS on this 4 th day of December , 2019 ORDERED that the Office of the Federal Public Defender for the District of New Jersey is hereby appointed to represent said defendant in this cause until further Order of the Court.
Not for Publication ORDER ESTHER SALAS , District Judge . It appearing that: 1. Before the Court is defendant James Craft's ("Defendant") pro se motion for reconsideration of his sentence. (D.E. No. 25 ("Motion")). Having reviewed the parties' submissions, the Court DENIES Defendant's motion. 1 2. Pursuant to 18 U.S.C. 3582(c)(1), a court "may not modify a term of imprisonment once it has been imposed except" in certain limited circumstances. United States v. Sharpe, 554 F. App'x...
NOT FOR PUBLICATION REPORT AND RECOMMENDATION MICHAEL A. HAMMER , Magistrate Judge . I. INTRODUCTION This matter comes before the Court by way of Plaintiff Desiree Perez's Motion to Remand pursuant to 28 U.S.C. 1447(c). The Honorable Esther Salas, U.S.D.J., referred this motion to the Undersigned for a Report and Recommendation. See Local Civ. R. 72.1(a)(2). The Undersigned has considered the matter without oral argument. See Local Civ. R. 78.1(b). For the reasons set forth herein,...
LETTER ORDER ESTHER SALAS , District Judge . Re: Perez v. Luxury Retreats Processing Inc., et al. Civil Action No. 19-17490 (ES) (MAH) Dear counsel: On September 26, 2019, plaintiff Desiree Perez ("Plaintiff") moved to remand this action to the Superior Court of New Jersey. (D.E. No. 11). Defendants Luxury Retreats Processing Inc. and Luxury Retreats International Inc. (together, "Defendants") oppose Plaintiff's motion (D.E. No. 15), and Plaintiff filed a reply in support of...
OPINION NOEL L. HILLMAN , District Judge . Petitioner Raymond Aigbekaen seeks to bring a petition for writ of habeas corpus pursuant to 28 U.S.C. 2241 without prepayment of fees or security. See ECF No. 1 (petition). Filing Fee The filing fee for a petition for writ of habeas corpus is $5.00. Pursuant to Local Civil Rule 54.3(a), the filing fee is required to be paid at the time the petition is presented for filing. Pursuant to Local Civil Rule 81.2(b), whenever a prisoner submits a...
OPINION [Dkt. No. 35] REN E MARIE BUMB , District Judge . Plaintiff Nicholas Walters ("Plaintiff") brings this action against Defendant Safelite Fulfillment, Inc. ("Defendant" or "Safelite"), alleging retaliation and associational discrimination/wrongful discharge in violation of the New Jersey Law Against Discrimination, N.J.S.A. 10:5-1, et seq. ("NJLAD") and retaliation in violation of the Conscientious Employee Protection Act, N.J.S.A. 34:19-1, et seq. ("CEPA"). This Court...
OPINION NOEL L. HILLMAN , District Judge . I. INTRODUCTION This matter comes before the Court on the motion for summary judgment ("the Motion") of defendants Camden County Board of Chosen Freeholders, Karen Taylor, and David S. Owens, Jr. (collectively, "Defendants"). (DE 60 and DE 70.) Counsel for plaintiff Michael Lee Martz ("Plaintiff") filed a response in opposition to the Motion (DE 69), to which Defendants filed a reply. (DE 74.) The Motion is being considered on the papers pursuant...
MEMORANDUM OPINION & ORDER NOEL L. HILLMAN , District Judge . WHEREAS, on December 11, 2019, the Court issued Orders to Show Cause directing Plaintiff Kaseem Ali-X to provide good cause as to why he had not served defendants I. Reyes, J. Seguinot, and Karen Balicki with the amended complaint, see ECF Nos. 101 & 102; and WHEREAS, Plaintiff has not submitted a response within the timeframe set by the Court in its Orders; and THEREFORE, IT IS on this 31st day of December, 2019...
Not for Publication ORDER ESTHER SALAS , District Judge . It appearing that: 1. Before the Court is defendant Alcon Laboratories, Inc.'s ("Defendant") motion for summary judgment on plaintiffs John M. Sweeney ("Mr. Sweeney") and Regina Sweeney's (collectively, "Plaintiffs") claims asserted in their fifth amended complaint (D.E. No. 65 ("Fifth Amended Complaint" or "Fifth Amend. Compl.")). (D.E. No. 85 ("Motion")). Having reviewed the parties' submissions, the Court decides the Motion on...
Not for Publication OPINION ESTHER SALAS , District Judge . Before the Court is plaintiff United States of America's ("Plaintiff") motion for default judgment against defendant Walter Lanz ("Defendant"). (D.E. No. 39). The Court has considered Plaintiff's submissions and decides the matter without oral argument. See Fed. R. Civ. P. 78(b); L. Civ. R. 78.1(b). For the following reasons, the Court GRANTS the motion. I. Background On March 28, 2016, Plaintiff commenced the instant action...
NOT FOR PUBLICATION OPINION REN E MARIE BUMB , District Judge . On November 10, 2015, Petitioner Steven Grohs filed a petition for writ of habeas corpus under 28 U.S.C. 2254. (ECF No. 1). Respondents opposed the petition. (ECF No. 19). On March 27, 2019, the Honorable Jerome B. Simandle, D.N.J., denied the petition and a certificate of appealability. 1 (ECF No. 24). Petitioner now moves for reconsideration of that order or, in the alternative, for relief from judgment. (ECF No. 25)....
ORDER WILLIAM J. MARTINI , District Judge . A Report and Recommendation was filed on December 11, 2019 recommending that Plaintiff's motion to remand (#27) be denied as well as Defendant's motion for sanctions (#31). The parties were notified that they had fourteen days to submit objections and responses to the Report and Recommendation pursuant to Local Civil Rule 72.1(c)(2). No objection or response having been received by the Court, and the Court having reviewed the Report and...
Not for Publication OPINION & ORDER JOHN MICHAEL VAZQUEZ , District Judge . Currently pending before the Court is a motion to dismiss a complaint against a third-party defendant. Third-Party Defendant North American Aggregates, LLC ("NAA" or "Third-Party Defendant") and Weeks Marine, Inc. ("Weeks" and, together with NAA, collectively, "Movants") filed the instant motion pursuant to Federal Rules of Civil Procedure 12 and 14(a)(4). D.E. 18. Third-Party Plaintiff Susan Wang ("Plaintiff")...
Not for Publication OPINION JOHN MICHAEL VAZQUEZ , District Judge . This case concerns a business dispute between Plaintiff Hoboken Yacht Club LLC ("Hoboken Yacht") and Defendant Marinetek North America Inc. ("Marinetek") over a floating dock system. Defendant claims that the Court lacks subject matter jurisdiction to resolve Plaintiff's claims because the parties agreed to arbitrate their disputes. Currently pending before the Court is Defendant's motion to dismiss Plaintiff's...
Not for Publication OPINION JOHN MICHAEL VAZQUEZ , District Judge . This matter concerns five unrelated foreclosure actions that were litigated in state court. Plaintiffs, five 1 pro se litigants, bring this action against Wells Fargo Bank ("Defendant") alleging fraud in its foreclosure methods. Currently pending before the Court is a motion to dismiss Plaintiffs' Complaint pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). D.E. 8. The Court reviewed the parties'...
