MEMORANDUM OF DECISION AND ORDER SPATT, District Judge. This is an insurance coverage action in which Plaintiff Suffolk Federal Credit Union ("Suffolk") alleges that Defendant Cumis Insurance Society, Inc. ("Cumis") breached the terms of the parties' contract by refusing to indemnify Suffolk for losses arising from a fraud committed by Suffolk's loan servicer, CU National Mortgage, LLC ("CU National"). Before this lawsuit was filed, Cumis commenced an action in Wisconsin against Suffolk and...
MEMORANDUM AND ORDER JOHNSON, Senior District Judge: Defendant Thomas Archer ("Archer"), an attorney, was charged in a four count superseding indictment with conspiracy to commit visa fraud (Count One) and with three counts of visa fraud (Counts Two, Four and Five). 1 On March 15, 2010, the case proceeded to trial and on March 24, 2010, he was convicted of all counts charged. (His co-defendant Rukhsana Rafique ("Rafique") was convicted of three of the four counts.) After carefully...
MEMORANDUM AND ORDER LEONARD D. WEXLER, District Judge. BACKGROUND I. The Parties, The Defendant Dealership and the Allegations of the Complaint Plaintiffs McBeth and Cascone are former employees of Defendants. Although the complaint names as Defendants several related corporations along with two individuals, in the context of this motion the court refers to Defendants collectively as "Defendants" or "Gabrielli." Gabrielli was, at relevant times, engaged in the operation of dealerships...
MEMORANDUM AND ORDER WEXLER, District Judge. This is a class action alleging New York State claims for violation of breach of fiduciary duties. The action was commenced in the Supreme Court of the State of New York, County of Nassau, and was thereafter removed to this court. The removal petition alleges that while Plaintiffs cast their claims in terms of state law, the complaint actually sets forth causes of action sounding in federal securities law violations. Presently before the court is...
SUMMARY ORDER DORA L. IRIZARRY, District Judge: On September 10, 2010, the Honorable Marilyn D. Go, U.S.M.J., issued a Report and Recommendation ("R & R") with regard to plaintiffs' request for damages against defendant ASTC Laboratories Inc. No objections to the R & R have been filed. Upon due consideration, the Report and the Recommendations contained therein are hereby adopted in their entirety. Accordingly, it is hereby ORDERED that plaintiff's motion for default judgment against the...
MEMORANDUM AND ORDER VITALIANO, District Judge. On August 18, 2009, defendant Joseph Mark Delevante Peters was indicted for the crime of illegal reentry into the United States subsequent to deportation for conviction of an aggravated felony. Defendant moves for dismissal of the indictment with prejudice, pursuant to Federal Rule of Criminal Procedure 12(b)(2) and the Fifth Amendment, on the ground that the deportation order enforced against him was invalid since it resulted from...
MEMORANDUM & ORDER MAUSKOPF, District Judge. Plaintiff, Mark Noveck, brings this diversity action against PV Holdings Corporation, Aesop Leasing L.P, Cendant Car Rental Group, and Avis Rent-A-Car System, LLC (collectively, "Avis"), following a catastrophic automobile accident which left him paralyzed from the neck down. The gravamen of Plaintiff's complaint is that the vehicle which Avis leased him was defectively designed because it was not equipped with a side curtain airbag. Plaintiff...
MEMORANDUM AND ORDER VITALIANO, District Judge. Ayman Nabil Ghaly ("Ghaly" or "plaintiff"), proceeding pro se, brings this action under Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e ("Title VII"), against the United States Department of Agriculture ("USDA"), his former employer, and Mike Johanns, the Secretary of Agriculture, alleging that he was discriminated against and subjected to a hostile work environment based on his race and national origin and retaliated against for...
ORDER & JUDGMENT JACK B. WEINSTEIN, Senior District Judge: Table of Contents I. Introduction .........................................................273 II. IDEA Statutory Framework .............................................273 III. Factual and Procedural Background ....................................275 IV. Contentions of the Plaintiff .........................................278 V. Application of the Law to the Facts ..................................279 VI. Conclusion ....................
MEMORANDUM DECISION AND ORDER COGAN, District Judge. The issue before the Court is whether the vacatur of a default judgment against one defendant requires vacatur of the judgment against another defaulting defendant because the judgment is no longer final. The Court holds that Fed.R.Civ.P. 54(b) may appropriately be used in this circumstance to avoid vacating the judgment in its entirety. BACKGROUND The four female plaintiffs brought this employment discrimination action under federal,...
MEMORANDUM AND ORDER VITALIANO, District Judge. Plaintiff DLJ Mortgage Capital, Inc. ("DLJ") commenced this action in November 2008 by filing a verified complaint against more than two dozen defendants, alleging violations of the Racketeering Influenced and Corrupt Organizations Act, 18 U.S.C. 1961 et seq. ("RICO") and asserting various pendent claims. On March 10, 2009, plaintiff filed a corrected amended complaint against 24 defendants asserting many of the same claims, but amplifying...
MEMORANDUM & ORDER NICHOLAS G. GARAUFIS, District Judge. Pro se Plaintiff Lawrence Hilsdorf ("Hilsdorf" or "Plaintiff") commenced this action pursuant to Title II of the Social Security Act ("the Act"), 42 U.S.C. 405(g), seeking review of a final determination by the Commissioner ("Commissioner" or "Defendant") of the Social Security Administration ("SSA") denying his July 14, 2003 application for Social Security Disability Benefits. ( See Compl. (Docket Entry # 1).) Both parties have...
MEMORANDUM AND ORDER WEXLER, District Judge. This is an action commenced by Plaintiff Syed Zaidi ("Plaintiff) alleging civil rights and state law causes of action arising out of Plaintiff's arrest and ultimate acquittal of criminal larceny charges. Those charges were brought in connection with allegations of theft from Amerada Hess Corporation ("Hess"), Plaintiffs former employer. In addition to naming the County of Suffolk and several public employees as Defendants, Plaintiff names Hess,...
MEMORANDUM AND ORDER TOWNES, District Judge. Plaintiff, Cheryl Follman, brings a class action against defendant, World Financial Network National Bank, alleging violations of the Truth in Lending Act. Defendant now moves to stay the proceeding in favor of arbitration. For the reasons discussed below, the motion is denied. BACKGROUND The material facts of this case are undisputed. They are drawn from plaintiffs complaint and the affidavits accompanying the parties' motion papers. In the...
MEMORANDUM DECISION AND ORDER COGAN, District Judge. Currently before the Court is the parties' proposed Stipulation of Settlement of Attorneys' Fees and Costs ("Stipulation") in which the parties agree to award attorneys' fees to plaintiffs' counsel, Lewis Brisbois Bisgaard & Smith, LLP ("Lewis Brisbois") and District Counsel 37, AFSCME, AFL-CIO ("DC 37"). This Court granted an award of attorneys' fees to Lewis Brisbois in a separate Order dated May 14, 2010, and now awards plaintiffs' fees...
MEMORANDUM AND ORDER JOSEPH F. BIANCO, District Judge. Plaintiffs Constance and Mark Myers ("plaintiffs") bring this negligence action against defendant Lennar Corporation ("Lennar" or "defendant"), seeking to recover damages for injuries allegedly arising from Constance Myers' fall on property owned by defendant. Her husband, plaintiff Mark Myers, brings claims for loss of society and consortium. Lennar now moves for summary judgment pursuant to Rule 56(c) of the Federal Rules of Civil...
ORDER ADOPTING REPORT AND RECOMMENDATION JOSEPH F. BIANCO, District Judge. Before the Court is a Report and Recommendation from Magistrate Judge Wall recommending that the Court dismiss this case because plaintiff has failed to comply with numerous orders and failed to prosecute the case. Plaintiff Alexander Thomas ("plaintiff" or "Thomas") filed this action on November 10, 2007, in the United States District Court for the Southern District of New York, pursuant to 42 U.S.C. 1983, against...
MEMORANDUM AND ORDER JOSEPH F. BIANCO, District Judge. Defendant Kwame Richardson ("defendant" or "Richardson") was indicted on December 30, 2009 in four counts, all relating to the events of December 3 and 4, 2009. Specifically, the indictment charges Richardson with: (1) conspiracy to import cocaine, in violation of Title 21, United States Code, Sections 963, 960(a)(1), and 960(b)(2)(B)(ii); (2) importation of cocaine, in violation of Title 21, United States Code, Sections 952(a), 960(a)(1),...
MEMORANDUM AND ORDER JOHN GLEESON, District Judge: Mark Mitchell, 1 a former Police Communications Technician in the New York City Police Department ("NYPD") brings this pro se action against the NYPD for alleged violations of the Americans with Disabilities Act ("ADA"), 42 U.S.C. 12111 et seq., and the Family Medical Leave Act of 1993 ("FMLA"), 29 U.S.C. 2601 et seq. The NYPD moves to dismiss the action pursuant to Fed. R. Civ. P. 12(b)(6) because it is time-barred, because...
MEMORANDUM AND ORDER JOHN GLEESON, District Judge. Nalia Milien seeks review, pursuant to 42 U.S.C. 405(g) and 1383(c)(3), of the Commissioner of Social Security's denial of her application for a period of disability and disability insurance benefits. The parties have cross-moved for judgment on the pleadings. I +heard oral argument on December 3, 2010. Because the Commissioner's decision is not supported by substantial evidence in the record, I deny the Commissioner's motion, grant Milien'...
