MEMORANDUM AND ORDER JOSEPH F. BIANCO, District Judge. Pro se plaintiff Reginald Williams ("Williams" or "plaintiff') brought this action against Suffolk County and three John Doe corrections officers (collectively, "defendants") alleging violations of Williams' constitutional rights pursuant to 42 U.S.C. 1983. Plaintiff alleges that three corrections officers physically assaulted him on May 26, 2011. Defendants now move for judgment on the pleadings, pursuant to Federal Rule of Civil...
ORDER JOANNA SEYBERT, District Judge. Pursuant to the Court's January 23, 2012 Order of Consolidation, the Court has reviewed the instant Complaint and finds that it relates to the subject matter of the Consolidated Action, Butler, et al. v. DeMarco, et al. , 11-CV-2602 (JS)(GRB). Accordingly, this action shall be consolidated with the Consolidated Action. This affects Plaintiff in the following ways: 1. Plaintiff in this action shall become part of the putative class in Butler (11-CV-...
MEMORANDUM & ORDER ROSLYNN R. MAUSKOPF, District Judge. Plaintiff Irina Yesina brings this action against the United States of America for monetary relief arising out of the USA's alleged negligence in supervising, maintaining, inspecting, repairing, or otherwise controlling the operation of the Ferris wheel at Floyd Bennett Field, a recreational facility located within the National Park System. Presently before the Court is the United States' motion to dismiss Yesina's complaint under Fed.R....
MEMORANDUM AND ORDER ROSLYNN R. MAUSKOPF, District Judge. Plaintiff pro se brings this action for monetary and equitable relief against three affiliated real estate entities, United Homes, LLC ("United Homes"), United Property Group, LLC, and Galit Network, LLC; the principal and officer of those entities, Yaron Herscho; First United Mortgage Banking Corporation ("First United"), a mortgage lender; real estate appraisers Maya and Albert Benshabat (the "Benshabats"); and two mortgage...
MEMORANDUM & ORDER ROSLYNN R. MAUSKOPF, District Judge. Plaintiff Solomon E. Shami ("plaintiff") brings this putative class action against defendant National Enterprise Systems, Inc. ("defendant," "NES"), alleging violations of the Fair Debt Collection Practices Act ("FDCPA"), 15 U.S.C. 1692e(2), 1692f(1). Before the Court is defendant's motion for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. For the reasons set forth below, defendant's motion is GRANTED....
MEMORANDUM AND ORDER JOSEPH F. BIANCO, District Judge. James T. Haynes (hereinafter "Haynes" or "petitioner") petitions this Court for a writ of habeas corpus pursuant to 28 U.S.C. 2254, challenging his conviction in County Court, Suffolk County. Petitioner pled guilty to attempted burglary in the second degree, a Class D Violent Felony (N.Y. Penal Law 110.0 and 140.25(2)). Petitioner was sentenced to an indeterminate period of imprisonment of twelve years to life as a persistent violent...
MEMORANDUM & ORDER MARGO K. BRODIE, District Judge: Plaintiffs My First Shades ("MFS") and Venetian Holdings, LLC ("Venetian") bring the above-captioned action against Defendants Baby Blanket Suncare and The Mercer Group, LTD ("Mercer") claiming patent infringement, fraud, unfair competition and dilution and injury to business reputation. 1 Mercer moved for summary judgment against MFS as to the patent infringement claim on the grounds that MFS has no standing and moved to dismiss...
MEMORANDUM DECISION AND ORDER COGAN, District Judge. The legislative history of both the Fair Debt Collections Practices Act ("FDCPA"), 15 U.S.C. 1692 et seq. and the Telephone Communications Practice Act ("TCPA"), 47 U.S.C. 227 et seq. discloses a well-based concern by Congress to reduce abusive practices that collection companies had employed against debtors and consumers. Like any statutes, however, remedial laws can themselves be abused and perverted into money-making vehicles...
MEMORANDUM, ORDER AND JUDGMENT JACK B. WEINSTEIN, Senior District Judge. I. Introduction Showkat Khan and Shahjahan Mohammad are members of Local 1182 of the Communications Workers of America ("CWA"). The Local represents only New York City ("City") employees. Plaintiffs allege breach of the constitutions of the CWA and Local 1182 by the Local's officers. Sought is an injunction requiring the Local to comply with the constitutions. Mem. Supp. Mot. Prelim. J., Dec. 3, 2012, CM/ECF No. 3. The...
MEMORANDUM AND ORDER JOSEPH F. BIANCO, District Judge. Michael Dell'Aera ("petitioner" or "Dell'Aera") petitions this Court for a writ of habeas corpus pursuant to 28 U.S.C. 2254, challenging his conviction entered on April 14, 2010, in County Court of Nassau County, for robbery in the second degree (N.Y. Penal Law 160.10(1)), robbery in the third degree (N.Y. Penal Law 160.05), and petit larceny (N.Y. Penal Law 155.25). Petitioner was sentenced to a determinate sentence of...
MEMORANDUM AND ORDER MATSUMOTO, District Judge. On March 13, 2012, plaintiff Doreen Del Monaco Doyle ("plaintiff") filed the instant Second Amended Complaint against United Airlines, Inc. ("defendant") alleging that (1) defendant discriminated against her in violation of the Rehabilitation Act of 1973, 29 U.S.C. 701 et seq., by denying her light duty or a reduced work schedule that would accommodate her disability of short-term memory and coordination issues after brain surgery for a...
MEMORANDUM & ORDER NICHOLAS G. GARAUFIS, District Judge. Plaintiff Solent Freight Services, Ltd. Inc. brought this action against Carlos Alberty, Omni Export Services, Inc. ("Omni"), (collectively, the "Omni Defendants"), John Khodov, and DelEx, Inc. ("DelEx") (collectively, the "DelEx Defendants") alleging violations of federal antitrust law, defamation, tortious interference with business relations, and civil conspiracy arising from Defendants' actions in the freight forwarding business....
MEMORANDUM AND ORDER FREDERIC BLOCK, Senior District Judge. Plaintiffs Vaad L'Hafotzas Sichos, Inc. and Zalman Chanin ("plaintiffs") appeal from the August 17, 2012 discovery order of Magistrate Judge James Orenstein denying with prejudice plaintiffs' outstanding motions to compel and motion for a protective order. As discussed briefly below, the Court affirms Magistrate Judge Orenstein's discovery order in full. A discovery ruling by a magistrate judge is a non-dispositive matter, and as...
ORDER ADOPTING REPORT AND RECOMMENDATION STERLING JOHNSON, Senior District Judge. Presently before the Court is a Report and Recommendation ("Report") prepared by Magistrate Judge Cheryl L. Pollak. Judge Pollak issued the Report on October 1, 2012, and provided the parties with the requisite amount of time to file any objections. Neither party filed any objections to the Report. For the reasons stated herein, this Court affirms and adopts the Report in its entirety. A district court judge...
MEMORANDUM OF DECISION AND ORDER SPATT, District Judge. The Plaintiff Maria-Lucia Anghel M.D. ("the Plaintiff" or "Dr. Anghel"), is a board-certified physician in anesthesiology and pain management and a Medicare supplier. The Plaintiff commenced this action for review of a final decision by the Medicare Appeals Council ("MAC"), which upheld the ruling of United States Administrative Law Judge ("ALJ") Jimmy R. Barkalow. (ALJ Appeal No. 1-422212900; MAC Docket No. M-10-110.) The Plaintiff's...
MEMORANDUM & ORDER MATSUMOTO, District Judge: On April 30, 2012, a jury returned a verdict in favor of plaintiff Zinoviy Levitant ("plaintiff") on a retaliation claim against his former employer, the City of New York Human Resources Administration ("defendant" or "NYCHRA"), pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq. ("Title VII"), awarding plaintiff $250,000 in compensatory damages. The jury found in favor of defendant on plaintiff's hostile work...
MEMORANDUM AND ORDER FEUERSTEIN, District Judge. On May 15, 2012, plaintiff Atlantic International Movers, LLC ("plaintiff") commenced this action against Ocean World Lines, Inc. ("OWL"), RF International, Ltd. ("RF," and together with OWL, "defendants"), and other corporate and individual defendants (the "dismissed defendants"), 1 asserting various claims arising out of OWL's business dealings with Comtrans International, LLC ("Comtrans"), plaintiff's alleged predecessor in interest. [...
MEMORANDUM AND ORDER JOSEPH F. BIANCO, District Judge. Pro se plaintiff Gilbert Roman ("plaintiff or "Roman") brought this action against the Central Intelligence Agency ("defendant" or "CIA") seeking that it produce records responsive to his request under the Freedom of Information Act ("FOIA"), 5 U.S.C. 552 (2006). Defendant argues that it has performed reasonable searches and produced all relevant documents to plaintiff other than documents subject to FOIA exemptions. Defendant now...
MEMORANDUM AND ORDER JOSEPH F. BIANCO, District Judge: The United States of America (the "government") seeks an order compelling John Doe ("respondent") to comply with a grand jury subpoena dated February 2, 2012 (the "Subpoena"). Respondent opposes the government's motion on two grounds: (1) the government already possesses the records sought by the Subpoena and is improperly using the grand jury's subpoena power to prepare for trial; and (2) compelling compliance with the Subpoena would...
ORDER ARTHUR D. SPATT, District Judge. On October 26, 2012, the Court held a conference in this criminal matter in which it considered the defendant's motion for an order (1) directing the Government to provide a bill of particulars of the charge contained in Count One of the Indictment; (2) suppressing any evidence seized from the defendant's person or from his apartment because the search and seizure conducted violated his Fourth Amendment Rights; and (3) suppressing any statements alleged...
