MEMORANDUM & ORDER WILLIAM F. KUNTZ, II , District Judge . On January 19, 2017, the defendant, Akhror Saidakhmetov, pleaded guilty to one count of Conspiracy to Provide Material Support to a Foreign Terrorist Organization, in violation of 18 U.S.C. 2339B(a)(1). The Court now sentences the defendant and provides a complete statement of reasons pursuant to 18 U.S.C. 3553(c)(2) of those factors set forth by Congress and the President and contained in 18 U.S.C. 3553(a). For the reasons...
MEMORANDUM & ORDER ERIC N. VITALIANO , District Judge . Defendant Alex Schreiber was charged in a two-count indictment with receipt and possession of child pornography, in violation of 18 U.S.C. 2252(a)(2) and 2252(b)(1), and 2252(a)(4) and 2252(b)(2), respectively. On June 29, 2017, he moved to dismiss the indictment, arguing that the government engaged in "outrageous" conduct that violated his Fifth Amendment due process rights. For the reasons set forth below, the motion is denied....
MEMORANDUM AND OPINION ANNE Y. SHIELDS , Magistrate Judge . Plaintiff Sierra Club, LLC ("Plaintiff" or "Sierra Club") commenced this action against Con-Strux, LLC ("Construx" or the "Company") and Marc Bretz ("Bretz") (collectively "Defendants") seeking declaratory and injunctive relief, as well as civil penalties, pursuant to the Clean Water Act, 33 U.S.C. 1251(a) (the "CWA" or the "Act"). Presently before the Court is Defendants' motion, pursuant to Rule 12(b)(6) of the Federal Rules...
ORDER ADOPTING REPORT AND RECOMMENDATION ROSLYNN R. MAUSKOPF , District Judge . Plaintiff Keosha Thomas brought this civil rights action on March 17, 2017. Since then, Thomas has not communicated with the Court in any way. All but one ofthe Court's mailings to Thomas were returned as undeliverable. ( See (Doc. Nos. 9, 10, 12, 13).) On May 8, 2017, Magistrate Judge Roanne L. Mann issued an Order, warning Thomas that failure to update her address or to respond would result in a...
MEMORANDUM & ORDER KIYO A. MATSUMOTO , District Judge . In an amended complaint, plaintiff Yaakov Katz (the "plaintiff"), on behalf of himself and a putative class, alleges violations of the Fair and Accurate Credit Transactions Act ("FACTA") by the Metropolitan Transit Authority (the "defendant"), a New York public benefit corporation, which plaintiff asserts owns and/or operates transportation facilities throughout the New York region, including, in pertinent part, the Verrazano Narrows-...
ORDER CAROL BAGLEY AMON , District Judge . Plaintiff William Galicia brings this action against Defendants Ice Cream House on Bedford Ave LLC, Ice Cream House, LLC, Ice Cream House on Ave M LLC, Ice Cream House on 36th Street LLC, Real Kosher Ice Cream Inc. ("RKIC"), Daniel Klein, David Klein, and Avigdor Klein, asserting individual, class, and collective claims under the Fair Labor Standards Act ("FLSA"), 29 U.S.C. 201 et seq., and the New York Labor Law ("NYLL"), N.Y. Lab. Law 190...
MEMORANDUM & ORDER MARGO K. BRODIE , District Judge . Plaintiff Eric Hunt, proceeding pro se, commenced the above-captioned action on February 8, 2016, against Defendant Con Edison Co. N.Y.C. ("Con Edison"). 1 On August 22, 2016, Plaintiff filed an Amended Complaint asserting claims of discrimination, failure to promote and retaliation in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq. ("Title VII"), seeking injunctive relief and damages. (Am. Compl....
NOT FOR PUBLICATION MEMORANDUM & ORDER EDWARD R. KORMAN , District Judge . On August 24, 2016, Defendant Michael Dodd filed a letter-motion under 28 U.S.C. 2255 "seeking an order vacating the sentence imposed in this case, and appointing new CJA counsel, on the ground that present counsel's ineffectiveness denied Defendant his right to appeal." ECF No. 67 at 1. In a subsequent letter docketed September 9, 2016, in which he responded to a letter of his lawyer disputing this claim, Dodd...
MEMORANDUM OF DECISION AND ORDER ARTHUR D. SPATT , District Judge . The plaintiff Mengru Davis (the "Plaintiff) commenced this lawsuit against the defendants Ching Yi Cheng (or "Ms. Cheng"), Terence Cheng, Hang Hsin Cheng, Wei Hsin Cheng, Tai Hsin Cheng and Weh-Hsin Cheng (together, the "Defendants"), for alleged violation of the Fair Labor Standards Act ("FLSA"), and the New York Labor Law ("NYLL"), arising from alleged unlawful employment policies and practices by the Defendants. The...
ORDER CHERYL L. POLLAK , Magistrate Judge . Plaintiffs' counsel in these two matters, Susan Mauro, Esq. and the firm of Abrams, Fensterman, Fensterman, Eisman, Formato, Ferrara, Wolf & Carone LLP ("Abrams Fensterman"), previously filed papers with the Court in these cases seeking leave to withdraw as counsel of record for Robert and Laura Toussie 1 (the "plaintiffs"). Ms. Mauro also sought leave to file the motions and supporting papers under seal. The Court previously concluded that Ms....
MEMORANDUM & ORDER ERIC N. VITALIANO , District Judge . Prompted by a late and unusual confluence of events, the government seeks a hearing pursuant to United States v. Curcio, 680 F.2d 881 (2d Cir. 1982), regarding perceived potential conflicts in the continued representation of defendant Morris by his attorney of record while defendant Josephberg moves to disqualify that same attorney of record for defendant Morris. For the reasons that follow, defendant Josephberg's motion to...
MEMORANDUM & ORDER AND MARGO K. BRODIE , District Judge . MARGO K. BRODIE, United States District Judge: Plaintiffs Trustees of the Pension Fund of Heat and Frost Insulators Local 12, Welfare Fund of Heat and Frost Insulators Local 12, Annuity Fund of Heat and Frost Insulators Local 12 and Apprentice-Journeyworker Educational Fund of Heat and Frost Insulators Local 12 commenced the above-captioned action against Defendant Ideal Core Solutions NY Corp. on July 13, 2017. (Compl., Docket...
MEMORANDUM & ORDER MARGO K. BRODIE , District Judge . Plaintiff Joe Hand Promotions, Inc. commenced the above-captioned action against Defendants Kings Point Restaurant, Inc., doing business as Good Company Tavern, and Jeff V. Seidman, also known as Jeff Vonseidman, on April 3, 2017, alleging violations of the Communications Act of 1934, 47 U.S.C. 553 and 605. (Compl., Docket Entry No. 1.) Plaintiff served the Summons and Complaint on Defendants. (Summons Returned Executed, Docket...
MEMORANDUM AND ORDER FREDERIC BLOCK , Senior District Judge . BLOCK, Senior District Judge: Markeeta Young ("Young"), who formerly worked as a counselor and aide at a home for cerebral palsy patients, seeks review of the final decision of the Commissioner of Social Security ("Commissioner") denying her application for disability benefits under the Social Security Act. Both parties move for judgment on the pleadings. For the reasons stated below, the Commissioner's motion is denied and...
MEMORANDUM AND ORDER NOT FOR ELECTRONIC OR PRINT PUBLICATION ALLYNE R. ROSS , District Judge . The Court has received the Report and Recommendation("R & R")on the instant case dated November 3, 2017 from the Honorable Steven M. Gold, United States Magistrate Judge. See R & R, ECF No. 37. In his R & R, Judge Gold recommended that the Court deny plaintiffs' motion for default judgment and dismiss the complaint. Id. at 14. On November 17, 2017, plaintiffs timely filed a limited objection....
MEMORANDUM AND ORDER JACK B. WEINSTEIN , Senior United States District Judge . Contents I. Introduction ... 542 II. Facts ... 542 III. Law ... 544 A. Summary Judgment ... 544 B. Statute of Limitations Under 42 U.S.C. 1983 and 1981 ... 545 C. Discriminatory Termination Under 42 U.S.C. 1981 ... 545 IV. Application of Law to Facts ... 546 A. Statute of Limitations for 42 U.S.C. 1983 and 1981 Claims ... 546 B. Plaintiff's 42 U.S.C. 1981 Employment Discrimination Claim ... 547 1....
MEMORANDUM OF DECISION & ORDER ARTHUR D. SPATT , District Judge . Currently before the Court is a decades-old dispute between the Plaintiffs, Calverton Hills Homeowners Association, Inc. (the "Association") and Neuer Inc. ("Neuer") (together, the "Plaintiffs") and the Defendants, Nugent Building Corp. ("Nugent"), the County of Suffolk (the "County"), the Suffolk County Department of Health Services ("DHS"), and other associated government agencies (together, the "Defendants") over the...
MEMORANDUM AND ORDER DORA L. IRIZARRY , Chief United States District Judge : Defendant Salomon Benzadon Boutin was indicted by a grand jury of the Eastern District of New York on October 25, 2017, and charged with one count of attempted money laundering, in violation of 18 U.S.C. 1956(a)(3)(B), and one count of theft of public property, in violation of 18 U.S.C. 641. On November 2, 2017, United States Magistrate Judge Ramon E. Reyes, Jr., set conditions for Defendant's release on bond...
NOT FOR ELECTRONIC OR PRINT PUBLICATION MEMORANDUM & ORDER ALLYNE R. ROSS , District Judge . On July 30, 2017, Robert Rambadadt, counsel to plaintiff Eli Figueroa, filed a letter-motion to withdraw as counsel in this case, citing a "severe breakdown in communication and cooperation between plaintiff and counsel." PL's Mot. at 1, ECF No. 289. He also requested a one-third charging lien on any post-verdict remedies that the plaintiff might secure on appeal as well as the release of trial...
MEMORANDUM & ORDER NICHOLAS G. GARAUFIS , District Judge . Plaintiffs bring this action against Defendants the New York State Department of Health ("DOH"), Howard Zucker, M.D., in his official capacity as Commissioner of DOH, the New York State Office of Mental Health ("OMH"), and Anne Marie T. Sullivan, M.D., in her official capacity as Acting Commissioner of OMH, challenging certain regulations (the "Regulations") promulgated by DOH and OMH, which limit admissions to adult homes. 1...
