REPORT AND RECOMMENDATION MARILYN D. GO, Magistrate Judge. This action has been referred to me for pretrial supervision. Plaintiffs commenced this action on June 6, 2014. Because the defendant had not appeared and no appropriate return of service had been filed, by order dated September 8, 2014, I directed plaintiffs to complete service and file returns by October 4, 2014. Although plaintiff failed to file a return of service by this date, by electronic order dated October 29, 2014, I...
REPORT and RECOMMENDATION STEVEN M. GOLD, Magistrate Judge. Introduction Plaintiffs bring this action under the Fair Labor Standards Act ("ELSA"), 29 U.S.C. 201 et seq., and under New York Labor Law ("NYLL"), N.Y. Lab. Law 193, 198, 663. Plaintiffs Gora and Kulon allege that they were employed by defendants from 2006 until 2011, and plaintiff Puzio alleges that he was employed by defendants from 2006 until 2012. The plaintiffs each allege that they were not compensated as required...
MEMORANDUM AND ORDER DENIS R. HURLEY, Senior District Judge. Plaintiff James Butler ("Plaintiff") commenced this action pursuant to 42 U.S.C. 405(g) seeking judicial review of a final decision by the Commissioner of Social Security (the "Commissioner") that denied his claim for disability benefits. Presently before the Court are the Commissioner's motion and Plaintiff's cross-motion for judgment on the pleadings. For the reasons discussed below, the Commissioner's motion is denied and...
Statement of Reasons for Sentencing Pursuant to 18 U.S.C. 3553(c)(2) JACK B. WEINSTEIN, Senior District Judge. I. Introduction On August 27, 2014, Daniel Florez Parra pled guilty to one count of illegal reentry into the United States, in violation of 8 U.S.C. 1326(a). On December 16, 2014, Mr. Florez Parra was sentenced to time served and a supervised release term of three years. The proceeding was videotaped in order to develop an accurate record of the courtroom atmosphere, as well as...
MEMORANDUM AND ORDER JOSEPH F. BIANCO , District Judge . Deborah Raimey 1 and Larry Raisfeld ("plaintiffs") sued Wright National Flood Insurance Company ("Wright" or "defendant") — a "Write Your Own" ("WYO") flood insurance carrier and the issuer of a policy covering a house plaintiffs owned in Long Beach, New York — for breach of contract. Plaintiffs alleged that their house was damaged by flooding during Hurricane Sandy, and that Wright wrongfully denied plaintiffs' claim under the...
MEMORANDUM & ORDER RAYMOND J. DEARIE, District Judge. Petitioner Engels Sosa-Rodriguez, proceeding pro se, seeks a writ of habeas corpus pursuant to 28 U.S.C. 2254. For the reasons that follow, the application is denied and the petition is dismissed. FACTUAL BACKGROUND Following his sale of cocaine to an undercover police officer on a street corner in Brentwood, New York in July 2004, petitioner was charged, by indictment, with two counts each of criminal sale and criminal possession of...
MEMORANDUM AND ORDER JOANNA SEYBERT, District Judge. Before the Court is the motion of Melvin Cwibeker ("Cwibeker" or "Defendant") to suppress the evidence seized following the Government's March 26, 2012 search of his residence and home office. For the following reasons, the Court DENIES Defendant's motion. BACKGROUND Defendant is charged with one count of Conspiracy to Commit Health Care Fraud in violation of 18 U.S.C. 1349, one count of Healthcare Fraud in violation of 18 U.S.C....
MEMORANDUM & ORDER EDWARD R. KORMAN, Senior District Judge. BACKGROUND On October 28, 2014 plaintiff Sally Arter, a New York resident, filed suit in the New York Supreme Court in Kings County alleging that the defendants' negligence caused her to trip and fall while shopping at a Pathmark Supermarket. Compl. 33, ECF No. 1. Arter alleged that she sustained serious and permanent injuries; suffered pain, shock, and mental anguish; incurred, and will continue to incur, medical expenses; and...
MEMORANDUM & ORDER EDWARD R. KORMAN, Senior District Judge. In July 2014, plaintiff Doris Austin filed an action in New York State Supreme Court, Kings County, alleging that she sustained injuries resulting from an automotive collision. The plaintiff sued three groups of defendants, the Greyhound defendants, defendant Peter Pan, and the Albert's defendants. In August 2014, the Greyhound defendants removed the case. The plaintiff then filed a motion to remand. I deny the plaintiff's motion....
MEMORANDUM AND ORDER JOHN GLEESON, District Judge. PRELIMINARY STATEMENT When Tamara Nelson was four years old she went into a coma for four days. R. 407. She was diagnosed with diabetes mellitus type I, R. 407, and she has taken insulin four times per day ever since. R. 289. Based on that diagnosis, she was found to be disabled in 1996, when she was five years old, and she was awarded Social Security Income benefits. R. 400. Tamara left school after eighth grade in 2005, when she was...
AMENDED MEMORANDUM AND ORDER JOAN M. AZRACK, Magistrate Judge. Plaintiffs Verna Kennedy and Ana Kerr filed this action against Ocwen Loan Servicing, LLC ("Ocwen") and HSBC Bank, USA, N.A., as Indenture Trustee for the registered note holders of Renaissance Home Equity Loan Trust 2005-3, Renaissance Equity Loan Asset-Backed Notes, Series 2005-3 ("HSBC") (collectively with Ocwen, "defendants"). Plaintiffs allege various claims under New York law arising out of Ocwen's modification of...
MEMORANDUM DECISION VIKTOR V. POHORELSKY, Magistrate Judge. By letter dated October 24, 2014, the plaintiff has asked Judge Weinstein to review my decision denying his motion to compel the defendants to provide certain discovery. Judge Weinstein has referred the letter to me for a formal decision on the requests at issue. The decision is set forth below. The claims that remain in this case are set forth in Judge Weinstein's Order and Judgment dated May 20, 2014 [Dkt. Ent. 88], which...
FINDINGS OF FACT AND CONCLUSIONS OF LAW NICHOLAS G. GARAUFIS, District Judge. Plaintiff Michael Dalton filed suit against Defendant United States of America, pursuant to the Federal Tort Claims Act ("FTCA"), 28 U.S.C. 1346(b) and 2671, et seq., for the alleged wrongful death of his late wife, Aileen McKay-Dalton. (Compl. (Dkt. 1).) McKay-Dalton died as a result of injuries she sustained in a July 8, 2010, motor vehicle accident. Plaintiff alleges that federal agent Joel Loudon Murphy,...
MEMORANDUM & ORDER CAROL BAGLEY AMON, Chief District Judge. Plaintiff Mario Ocampo brought this prose action pursuant to 42 U.S.C. 1983 against defendants Brian Fischer, Commissioner of the New York State Department of Corrections and Community Supervision ("DOCCS"); Andrea Evans, Chairwoman of the New York State Board of Parole; Dr. Carl J. Koenigsmann, DOCCS Deputy Commissioner and Chief Medical Officer; Dr. Felix Ezekwe; and Dennis Breslin, former Superintendent of the Arthur Kill...
ORDER JOSEPH F. BIANCO, District Judge. On March 12, 2014, the Court adopted the Report and Recommendation of Magistrate Judge Wall in response to defendants' motion to dismiss, but granted plaintiff leave to re-plead the complaint. On October 3, 2014, the Court ordered plaintiff to submit a letter to the Court no later than November 3, 2014, explaining why his entire case should not be dismissed pursuant to Rule 41(b) of the Federal Rules of Civil Procedure for failure to prosecute. ( See...
MEMORANDUM & ORDER SANDRA L. TOWNES, District Judge. Pro se Plaintiff Henry Platsky ("Platsky") brings this action pursuant to the Freedom of Information Act ("FOIA") seeking an order directing the Defendant Food & Drug Administration ("FDA") to release to him certain documents he believes the FDA has wrongfully withheld. ( See ECF No. 1.) The FDA filed the instant motion for summary judgment on May 30, 2014, arguing that it performed an adequate search for responsive documents. 1 ( See...
OPINION & ORDER ALLYNE R. ROSS, District Judge. Plaintiffs, Clinton I. Pittman, Jr. ("Pittman Jr."), and his son, Clinton I. Pittman, III ("Pittman III"), bring this action pursuant to 42 U.S.C. 1983 and 42 U.S.C. 1988 against the City of New York (the "City"); former Mayor Michael Bloomberg; former New York Police Department ("NYPD") Commissioner Ray Kelly; NYPD Information Technology Officers John Does 1-2; NYPD Deputy Inspectors John Cappelmann and Thomas J. Connolly of the 103rd and...
MEMORANDUM AND ORDER I. LEO GLASSER, Senior District Judge. Pending before the Court are Defendants' objections to Magistrate Judge ("MJ") Orenstein's Report and Recommendation ("R&R") that Defendants' motion for leave to file an amended Answer, made after the deadline fixed in a scheduling order for filing such motions, be denied. For the following reasons, the R&R is REJECTED and Defendants' motion is GRANTED. BACKGROUND Plaintiff, Dr. Ralph Cavalieri, commenced this action against his...
MEMORANDUM ORDER STEVEN M. GOLD, Magistrate Judge. INTRODUCTION Plaintiffs Freddy Fernandez, Luis Velasquez, and Giovanny Gonzalez bring this action under the Fair Labor Standards Act ("FLSA"), 29 U.S.C. 201, et seq., and New York Labor Law ("NYLL"), alleging that they and other similarly situated employees of the defendants were misclassified as independent contractors, earned but were not paid overtime wages, and had expenses improperly deducted from their wages. Compl. 4-6....
ORDER SANDRA L. TOWNES, District Judge. Pro se petitioner Steven Washington ("Washington") moves this Court to vacate, set aside or correct his sentence pursuant to 28 U.S.C. 2255. The United States of America filed its opposition on October 3, 2013, (ECF No. 12), and Washington filed his reply on October 21, 2013, (ECF No. 14). Because Washington proceeds pro se, the Court must liberally construe his submissions and read them "`to raise the strongest arguments that they suggest.'" Green v....
