NOT FOR PUBLICATION MEMORANDUM & ORDER CAROL BAGLEY AMON , District Judge . Freddy Caicedo, a federal prisoner, filed a pro se motion requesting that this Court order his immediate deportation. The Court construes his motion as a petition for a writ of habeas corpus pursuant to 28 U.S.C. 2241. For the reasons stated below, Caicedo's motion is denied. BACKGROUND On January 27, 1989, the Honorable Reena Raggi sentenced Caicedo to a 35-year term of imprisonment on eight different...
OPINION AND ORDER SANDRA J. FEUERSTEIN , District Judge . By way of an August 16, 2016 Petition, Petitioners Trustees of the Northeast Carpenters Health, Pension, Annuity, Apprenticeship, and Labor Management Cooperation Funds ("Petitioners") commenced this action pursuant to Section 502 of the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. 1132, Section 301 of the Labor Management Relations Act of 1947 ("LMRA"), 29 U.S.C. 185, and Section 9 of the Federal...
MEMORANDUM AND ORDER ROSLYNN R. MAUSKOPF , District Judge . Plaintiff Scottsdale Insurance Company ("Scottsdale") seeks reconsideration of this Court's September 29, 2015 Memorandum and Order (the "September Order") granting in part and denying in part the parties' cross motions for summary judgment. (Scottsdale 10/27/15 Ltr. (Doc. No. 34).) The Court presumes the parties' familiarity with the facts of the case, accepts the parties' letter motions, and deems the matter fully briefed. For...
MEMORANDUM DECISION AND ORDER BRIAN M. COGAN , District Judge . Plaintiff, who has cerebral palsy and is wheel chair-bound, brings this action under the Americans with Disabilities Act, 42 U.S.C. 12181 et seq. (hereinafter "ADA"), asserting that due to various architectural barriers, he has been unable to access or has had limited access to defendants' grocery store and delicatessen. The case is before me on plaintiff's motion for a default judgment. The complaint lists a series of...
ORDER ADOPTING R & R DENIS R. HURLEY , District Judge . Presently before the Court is the Report and Recommendation, dated December 6, 2016, of Magistrate Judge Steven I. Locke recommending that plaintiff's motion for default judgment be granted. More than fourteen days have elapsed since service of the Report and Recommendation and no objections have been filed. Pursuant to 28 U.S.C. 636(b) and Fed. R. Civ. P. 72, this Court has reviewed the Report and Recommendation for clear error,...
MEMORANDUM AND ORER ANNE Y. SHIELDS , Magistrate Judge . This case was commenced in 2012 by Plaintiffs James V. Naples and James C. Naples (collectively "Plaintiffs') against several defendants, some of whom have since been dismissed from the action. There have been two rounds of pleadings, and two decisions on motions to dismiss, as described below. Presently before this Court is the motion of certain Defendants to amend their answer to assert additional affirmative defenses as well as...
MEMORANDUM AND ORDER RAYMOND J. DEARIE , District Judge . Plaintiff Robert Payton brings this employment action against his former employer, the United States Postal Service ("USPS") and his union, the National Association of Letter Carriers ("NALC" or "the Union"). Plaintiff alleges he was wrongly discharged from his employment as a letter carrier, and that he is entitled to reinstatement, compensatory damages, interest and attorney's fees under the Family and Medical Leave Act of 1993 ("...
MEMORANDUM OF DECISION & ORDER SPATT , District Judge : This action arises out of allegations by the Plaintiff Johnny Seemann (the "Plaintiff") that he suffered injuries due to the unseaworthiness of a barge on which he worked, and the alleged negligence of the Defendant Coastal Environmental Group, Inc. (the "Defendant Coastal"), in violation of the Jones Act, 46 U.S.C. 30104 (the "Jones Act") and general maritime law. The Plaintiff now seeks to amend his complaint pursuant to Federal...
MEMORANDUM & ORDER MATSUMOTO , United States District Judge : Plaintiffs Speedfit LLC ("Speedfit") and Aurel A. Astilean ("Astilean") (collectively, "plaintiffs") commenced this action against Woodway USA, Inc. ("Woodway" or "defendant"), alleging that Woodway wrongfully infringed upon United States Patent No. 8,308,619 ("the '619 Patent") and United States Patent No. 8,343,016 ("the '016 Patent"), both of which relate to a manually-powered treadmill design. 1 Plaintiffs allege that...
NOT FOR PUBLICATION ORDER TRANSFERRING VENUE TO THE MIDDLE DISTRICT OF FLORIDA EDWARD R. KORMAN , District Judge . All defendants in this case have joined in a motion to transfer venue to the U.S. District Court for the Middle District of Florida. For the following reasons, that motion is GRANTED BACKGROUND I rely on the following facts as alleged in the pleadings: Plaintiff Yowie Group LTD is an Australian corporation with its principle place of business in Perth, Australia. Yowie...
MEMORANDUM OF DECISION & ORDER SPATT , District Judge : Before the Court is an appeal from an order by the United States Bankruptcy Court for the Eastern District of New York (Trust, J.) by appellant creditor United General Title Insurance Company ("UGT"). UGT contends that that Bankruptcy Court's denial of its complaint objecting to the discharge of appellee debtor Chris Karanasos' (the "Debtor") was reversible error. Specifically, UGT states that the Debtor's debt should not be...
MEMORANDUM DECISION AND ORDER BRIAN M. COGAN , District Judge . Plaintiff commenced this action in state court against his employer and his Union. He alleged that his employer fired him in violation of the New York "whistleblower" statute, Labor Law 740(2)(c), after he had reported an unsafe condition on the school bus that he drove, and that his Union, by refusing to represent him in the grievance hearing that sustained his termination, was "in cahoots" with his employer. The Union...
MEMORANDUM DECISION AND ORDER BRIAN M. COGAN , District Judge . Plaintiff has brought claims under Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e, et seq. ("Title VII"), 42 U.S.C. 1983, 42 U.S.C. 1981, the New York State Human Rights Law, N.Y. Exec. Law 290-301 ("NYSHRL"), and the New York City Human Rights Law, N.Y.C. Admin. Code 8-101 to 8-703 ("NYCHRL"), against Rego Enterprises, LLC doing business as Dallas BBQ ("REL"), Greg Wetanson, the owner of REL, and...
MEMORANDUM AND ORDER I. LEO GLASSER , District Judge . Pending before the Court is an objection to the Memorandum and Order of Magistrate Judge Mann denying the plaintiff's motion to extend a scheduling order to permit it to add new parties to its complaint. That order, issued on May 18, 2016, set the dates for fact and expert discovery and also provided that "[p]leadings may be amended and new parties added until June 13, 2016." Five months after the expiration of that deadline, the...
MEMORANDUM AND ORDER I. LEO GLASSER , Senior District Judge . Before the Court is Defendant Patient Conversation Media, Inc.'s ("PCMI") motion to vacate a default judgment under Fed R. Civ. P. 60(b). The court clerk entered the default judgment on February 1, 2016 in favor of Plaintiffs Vertamedia Group, Inc. and Vertamedia LLC (together, "Vertamedia"). 1 ECF 12. Defendants filed this motion to vacate five months later, on July 8, 2016. ECF 13. For the reasons stated below, the motion...
MEMORANDUM AND ORDER FREDERIC BLOCK , Senior District Judge . Prithipal Khahera ("plaintiff"), on behalf of his deceased son, Michael S. Khahera ("Khahera"), seeks review of the final decision of the Commissioner of Social Security (the "Commissioner") denying Khahera's application for disability benefits under the Social Security Act. Both parties move for judgment on the pleadings. For the reason stated below, the case is remanded to the Commissioner for further proceedings consistent...
NOT FOR PUBLICATION ORDER TRANSFERRING VENUE TO THE MIDDLE DISTRICT OF FLORIDA EDWARD R. KORMAN , District Judge . All defendants in this case have joined in a motion to transfer venue to the U.S. District Court for the Middle District of Florida. For the following reasons, that motion is GRANTED BACKGROUND I rely on the following facts as alleged in the pleadings: Plaintiff Yowie Group LTD is an Australian corporation with its principle place of business in Perth, Australia. Yowie...
NOT FOR PUBLICATION MEMORANDUM & ORDER CAROL BAGLEY AMON , District Judge . Plaintiff Pitkin Supermarket, Inc. ("Pitkin") brings this action against the United States 1 pursuant to the Food Stamp Act, 7 U.S.C. 2023(a)(13), 2 and the Fifth and Sixth Amendments to the United States Constitution. Pitkin challenges an administrative decision by the Food and Nutrition Service ("FNS") of the United States Department of Agriculture ("USDA") permanently disqualifying it from accepting...
MEMORANDUM AND ORDER Joseph F. Bianco , District Judge : Plaintiff Virginia T. Bautz ("plaintiff" or "Bautz") brings this putative class action against ARS National Services, Inc. ("defendant" or "ARS") under the Fair Debt Collection Practices Act (the "FDCPA"), 15 U.S.C. 1692 et seq. Defendant now moves to dismiss plaintiff's complaint, pursuant to Federal Rule of Civil Procedure 12(b)(1), for lack of standing. Because the Court concludes that plaintiff has sufficiently alleged (...
ORDER PEGGY KUO , Magistrate Judge . This is a civil action for copyright infringement pursuant to the Copyright Act of 1976, 17 U.S.C. 101, et seq. Plaintiff moves for leave to take discovery prior to the Federal Rule of Civil Procedure 26(f) "Initial" Conference. Specifically, Plaintiff seeks to serve a subpoena on Altice f/k/a Cablevision d/b/a Optimum Online ("Optimum"), pursuant to Federal Rule of Civil Procedure 45, in order to obtain information so that it may serve process on...
