ORDER and REPORT-RECOMMENDATION TH R SE WILEY DANCKS, , Magistrate Judge . I. INTRODUCTION This matter has been referred to this Court for Report and Recommendation, pursuant to 28 U.S.C. 636(b) and Northern District Local Rule 72.3(c), by the Hon. Norman A. Mordue, Senior United States District Judge. A. Challenged Conviction Presently before this Court is the timely pro se Petition of Petitioner Raymond Clyde, seeking a writ of habeas corpus pursuant to 28 U.S.C. 2254. (Dkt. No....
STIPULATION AND ORDER OF DISCONTINUANCE PURSUANT TO RULE 41(A) GLENN T. SUDDABY , District Judge . IT IS HEREBY STIPULATED AND AGREED by and between the undersigned, plaintiff, Efraim Diaz, appearing pro se, and Eric T. Schneiderman, Attorney General of the State of New York, Nicole Haimson, Assistant Attorney General, of counsel, appearing for defendants, parties to the above entitled-action, that, whereas no party hereto is an infant or incompetent person for whom a committee has been...
CONSENT ORDER FOR PAYMENT OF FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT THOMAS J. McAVOY , District Judge . This matter having been opened to the Court by STEVEN R. DOLSON for an Order awarding attorney fees pursuant to the Equal Access to Justice Act, (28 U.S.C. 2412), and it appearing that RICHARD S. HARTUNIAN, United States Attorney, and KAREN T. CALLAHAN, Special Assistant United States Attorney, attorneys for defendant, having consented to the entry of an Order awarding an...
REPORT and RECOMMENDATION WILLIAM B. MITCHELL CARTER , Magistrate Judge . This matter was referred for report and recommendation by the Honorable Judge Suddaby, Chief United States District Judge, pursuant to 28 U.S.C. 636(b) and Local Rule 72.3(d). (Dkt. No. 16) This case has proceeded in accordance with General Order 18. Currently before the Court, in this Social Security action filed by Daniel J. Schmidt ("Plaintiff") against the Commissioner of Social Security ("Defendant" or "the...
REPORT and RECOMMENDATION WILLIAM B. MITCHELL CARTER , Magistrate Judge . This matter was referred for report and recommendation by the Honorable Judge Suddaby, Chief United States District Judge, pursuant to 28 U.S.C. 636(b) and Local Rule 72.3(d). (Dkt. No. 23.) This case has proceeded in accordance with General Order 18. Currently before the Court, in this Social Security action filed by Billy Joe Coleman ("Plaintiff") against the Commissioner of Social Security ("Defendant" or "the...
ORDER and REPORT-RECOMMENDATION ANDREW T. BAXTER , Magistrate Judge . This matter has been referred to me for Report and Recommendation by the Honorable Thomas J. McAvoy, Senior United States District Judge. Presently before the court is the defendants' motion to dismiss plaintiff's amended complaint 1 for failure to state a claim, 2 in its entirety as against defendant Racette, and as to the retaliation claims as against defendant Nolan. 3 (Dkt. No. 28). Plaintiff has responded in...
STIPULATION DISCONTINUING ACTION FREDERICK J. SCULLIN, Jr. , District Judge . IT IS HEREBY STIPULATED AND AGREED by and between the parties of this action, by their counsel, that the plaintiff's complaint is hereby dismissed in its entirety with prejudice and without cost to either party. IT IS SO ORDERED.
DAVID N. HURD , District Judge . IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, the attorneys of record for all the parties to have appeared in the above entitled actions, that whereas no party hereto is an infant or incompetent person for whom a committee has been appointed and no person not a party has an interest in the subject matter of these actions, the above entitled action be, and the same hereby is discontinued, with prejudice, without costs to any party as...
DECISION and ORDER LAWRENCE E. KAHN , District Judge . I. INTRODUCTION On October 8, 2015, the Court issued a Decision and Order denying Plaintiff's Motion for preliminary injunctive relief. Dkt. No. 128 ("October Order"). Presently before the Court is Plaintiff's Motion for reconsideration of the October Order. Dkt. No. 129 ("Motion"). Defendants oppose the Motion. Dkt. No. 132 ("Opposition"). II. DISCUSSION A court may reconsider a previous ruling if: (1) there is an intervening...
DECISION and ORDER DAVID N. HURD , District Judge . Pro se plaintiff Charles W. Gerena brought this civil rights action pursuant to 42 U.S.C. 1983. On December 8, 2015, the Honorable Andrew T. Baxter, United States Magistrate Judge, advised by Report-Recommendation that defendants' motion for summary judgment be granted, and the complaint be dismissed in its entirety. See ECF No. 77. Plaintiff submitted objections to the Report-Recommendation. See ECF No. 80. Based upon a de novo...
REPORT-RECOMMENDATION ANDREW T. BAXTER , Magistrate Judge . This matter has been referred to me for Report and Recommendation by the Honorable David N. Hurd. Presently before the court is the defendants' motion for summary judgment pursuant to Fed. R. Civ. P. 56. (Dkt. No. 47). Plaintiff has responded in opposition to the motion. 1 (Dkt. No. 75). For the following reasons, this court agrees with defendants and will recommend dismissal of the complaint. I. Procedural History On March...
MEMORANDUM-DECISION AND ORDER NORMAN A. MORDUE , Senior District Judge . INTRODUCTION On October 22, 2007 plaintiff filed an application for supplemental security income ("SSI"), claiming disability beginning August 1, 1992. The application was initially denied on May 6, 2008. Thereafter, plaintiff filed a written request for a hearing, and a hearing was held on January 25, 2010 before Administrative Law Judge ("ALJ") Marie Greener. On March 19, 2010, the ALJ issued a decision denying...
MEMORANDUM-DECISION and ORDER LAWRENCE E. KAHN , District Judge . I. INTRODUCTION Plaintiff Deborah Voss ("Plaintiff") commenced this action against Defendants Bank of America, N.A. ("Bank of America") and Ocwen Loan Servicing, LLC ("Ocwen") (collectively, "Defendants") alleging various causes of action relating to Defendants' servicing and modification of Plaintiff's home mortgage. See Dkt. No. 1 ("Complaint"). Presently before the Court is Defendant Bank of America's Motion to...
MEMORANDUM-DECISION AND ORDER NORMAN A. MORDUE , Senior District Judge . INTRODUCTION On August 31, 2009, plaintiff filed applications for disability insurance benefits and supplemental security income ("SSI"), claiming disability beginning December 5, 2005. The applications were initially denied on November 25, 2009. Thereafter, plaintiff filed a written request for a hearing, and a hearing was held on January 4, 2011 before Administrative Law Judge ("ALJ") Rosanne M. Dummer. On February...
DECISION and ORDER THOMAS J. McAVOY , District Judge . This matter was referred to the Hon. Th r se Wiley Dancks, United States Magistrate Judge, for a Report and Recommendation pursuant to 28 U.S.C. 636(b) and Rule 72.3(d) of the Local Rules of the Northern District of New York. No objections to the November 30, 2015 Report-Recommendation have been raised. After examining the record, this Court has determined that the Report-Recommendation is not subject to attack for plain error or...
REPORT AND RECOMMENDATION TH R SE WILEY DANCKS , Magistrate Judge . This matter was referred to the undersigned for report and recommendation by the Honorable Thomas J. McAvoy, Senior United States District Judge, pursuant to 28 U.S.C. 636(b) and Northern District of New York Local Rule 72.3. This case has proceeded in accordance with General Order 18 of this Court which sets forth the procedures to be followed when appealing a denial of Social Security benefits. Both parties have filed...
ORDER LAWRENCE E. KAHN , District Judge . This matter comes before the Court following a Report-Recommendation filed on November 4, 2015, by the Honorable Th r se Wiley Dancks, U.S. Magistrate Judge, pursuant to 28 U.S.C. 636(b) and Local Rule 72.3. Dkt. No. 29 ("Report-Recommendation"). Within fourteen days after a party has been served with a copy of a magistrate judge's report-recommendation, the party "may serve and file specific, written objections to the proposed findings and...
MEMORANDUM-DECISION AND ORDER NORMAN A. MORDUE , Senior District Judge . Presently before the Court is the motion (Dkt. No. 38) by defendant Albany Medical Center Group Health Insurance Plan ("defendant") for attorney's fees in this action under the Employee Retirement Income Security Act of 1974 ("ERISA") for equitable relief and to recover employee benefits under an employee benefit plan regulated and governed under ERISA. 29 U.S.C. 1132(a)(1),(3). By Memorandum-Decision and Order...
CONSENT JUDGMENT FREDERICK J. SCULLIN, Jr. , District Judge . Plaintiff American Honda Motor Co., Inc. ("American Honda"), Defendant V.M. Paolozzi Imports, Inc. d/b/a DealMaker Honda of Watertown ("Defendant Watertown") and Defendant DealMaker of Potsdam, LLC d/b/a DealMaker Honda of Potsdam ("Defendant Potsdam"), having advised the Court that they have entered into a settlement agreement and that they consent to the entry of this Consent Judgment; and the Defendants having waived...
JOINT STIPULATION OF DISMISSAL WITH PREJUDICE THOMAS J. McAVOY , District Judge . Pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, Plaintiff Bio-Lab, Inc. and Defendants Benjamin Tucker, individually, and Tucker Backyard Pools & Spas, Inc., by and through the signatures of their respective counsel, hereby file this Joint Stipulation of Dismissal with Prejudice. No party hereto is an infant or incompetent. Respectfully submitted. SO ORDERED.
