OPINION AND ORDER CATHY SEIBEL, District Judge. Before the Court is Defendant's Motion to Dismiss pursuant to Fed. R. Civ. P. 12(b)(6). (Doc. 6.) For the reasons stated below, the Motion is GRANTED. I. Background For purposes of the motion, the facts (although not the conclusions) set forth in the First Amended Complaint ("FAC"), (Doc. 4), are assumed to be true. In light of my disposition below, I set forth only the facts relevant to Plaintiff's sole federal claim, for retaliation for...
OPINION AND ORDER SEIBEL, District Judge. Before the Court are Plaintiffs' Motion for Summary Judgment, (Doc. 16), and Defendant's Cross-Motion for Summary Judgment, (Doc. 10). Plaintiffs C.L. and G.W. bring this action, individually and on behalf of their child C.L. ("CL"), pursuant to the Individuals with Disabilities Education Improvement Act ("IDEIA"), 20 U.S.C. 1401 et seq.; 1 Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794; and Article 89 of the New York State...
OPINION AND ORDER CATHY SEIBEL, District Judge. Before the Court is the appeal of Debtors Hoti Enterprises, L.P. and Hoti Realty Management Co., Inc. from the Bankruptcy Court's Order Denying Motion for Relief from Cash Collateral Order (the "Final Order"). (Bankr. Doc. 210.) 1 For the reasons that follow, the Final Order is AFFIRMED. I. BACKGROUND While the facts underlying the Bankruptcy proceedings are lengthy and complicated, those relevant to the instant appeal are straightforward....
OPINION AND ORDER ROBERT P. PATTERSON, JR., District Judge. On August 1, 2011, Plaintiff Rebecca Meek-Horton commenced this action on behalf of herself and others similarly situated ("Plaintiffs") against forty health care insurers that offer Medicare Advantage Plans ("MA Plans") ("Defendants") by filing a putative class action complaint in the Supreme Court of the State of New York, New York County. On August 29, 2011, Defendants filed a notice to remove the action from state court pursuant...
OPINION AND ORDER CATHY SEIBEL, District Judge. Before the Court are Defendant's Motion for Summary Judgment Pursuant to Rule 56 of the Federal Rules of Civil Procedure, (Doc. 89), and Defendant's Motion to Preclude Testimony of Plaintiff's Expert David E. Beauregard, (Doc. 87). I. BACKGROUND This case arises out of a January 17, 2007 fire in the home of Leandra Gargiulo. (D's 56.1 1-2.) 1 Following the fire, Gargiulo made a claim with Plaintiff, her insurance company, which...
MEMORANDUM OPINION ( Losciavo — Lehman Bros. Savings Plan Motion) LEWIS A. KAPLAN, District Judge. Plaintiffs, participants in The Lehman Brothers Savings Plan (the "Plan") here purport to bring a state law derivative claim on behalf of the Plan against Lehman Brothers Holdings Inc.'s outside accounting firm, Ernst & Young ("E&Y"), for negligence and professional malpractice. They contend that the Plan's fiduciary improperly has failed to initiate suit against E&Y on behalf of the Plan. The...
MEMORANDUM OPINION ( Losciavo — Fidelity Management Trust Motion to Dismiss) LEWIS A. KAPLAN, District Judge. Plaintiffs, participants in The Lehman Brothers Savings Plan (the "Plan"), here purport to bring a state law breach of fiduciary duty claim against Fidelity Management Trust Company ("Fidelity"), the Plan trustee. They contend that Fidelity improperly has failed to sue Ernst & Young, the outside auditor for Lehman Brothers Holdings Inc., on behalf of the Plan for professional...
OPINION ROBERT W. SWEET, District Judge. Plaintiff John Wiley & Sons, Inc. ("Wiley" or the "Plaintiff") has alleged that unidentified "John Doe" defendants (the "Defendants") used peer-to-peer file-sharing software to illegal copy and distribute Wiley's copyrighted works and infringe on Wiley's trademarks. One of the John Doe defendants, identified as John Doe No. 25 or IP Address 74.68.143.193 ("Doe No. 25" or the "Defendant") has moved to quash a subpoena served on the Defednant's internet...
OPINION & ORDER HAROLD BAER, JR., District Judge. Plaintiff Woori Bank ("Woori") alleges that the defendants fraudulently and negligently misrepresented the value of and risks associated with collateralized debt obligations ("CDO") that were in part comprised of residential mortgage backed securities ("RMBS"). 1 The defendants are three financial institutions, RBS Securities, Inc., RBS Holdings USA Inc., and RBS Financial Products, Inc., as well as five CDO entities, ACA ABS 2007-1, Cairn...
OPINION AND ORDER SEIBEL, District Judge. Before the Court is Defendant's Motion for Summary Judgment. (Doc. 31.) For the reasons stated below, the Motion is GRANTED IN PART and DENIED IN PART. I. BACKGROUND Plaintiff was employed by Daikin America, Inc. ("DAI"), a chemical manufacturing company, from 2003 until he was terminated in 2009. (D's 56.1 3-4, 15, 29.) 1 Plaintiff was initially hired as a Business Manager in DAI's Fluoro elastomers Business Unit, ( id. 15), and in...
OPINION ALISON J. NATHAN, District Judge. I. BACKGROUND Plaintiff CYI, Inc. ("CYI") filed this action on March 26, 2012 against Defendants Ja-Ru, Inc. ("Ja-Ru US"), Michaels Stores, Inc. ("Michaels"), and Michaels Stores Procurement Company, Inc. ("MSPC"). On June 4, 2012, Defendants moved to transfer this action to the United States District Court for the United States District Court for the Middle District of Florida. On August 13, 2012, CYI amended its Complaint to, inter alia, add an...
OPINION AND ORDER JOHN G. KOELTL, District Judge: The petitioner, Edward Garafola, appearing pro se, moves pursuant to 28 U.S.C. 2255 to vacate, set aside, or correct his sentence. The petitioner also seeks leave of court to conduct discovery pursuant to Rule 6 of the Rules Governing 28 U.S.C. 2255. The petitioner pleaded guilty, pursuant to a plea agreement (the "Plea Agreement"), to participating in the conduct and affairs of a racketeering enterprise — the Gambino Organized Crime...
OPINION AND ORDER ANDREW J. PECK, United States Magistrate Judge: Presently before the Court is: (1) an inquest as to the proper amount of the Termination Payment as of the Early Termination Date of November 9, 2009, including whether the Termination Payment is a payment to or due from interpleader defendant Natixis Financial Products LLC, and (2) interpleader defendant MBIA Insurance Corporation's motion in limine to exclude from consideration on the inquest the testimony of Natixis' expert...
MEMORANDUM & ORDER WILLIAM H. PAULEY, III, District Judge: This putative class action asserts violations of section 2 of the Sherman Act, 15 U.S.C. 2, and the Commodities Exchange Act ("CEA"), 7 U.S.C. 13 et seq., stemming from the alleged manipulation of West Texas Intermediate grade ("WTI") crude oil prices in 2008. Defendants move to dismiss the Consolidated Amended Class Action Complaint, dated May 29, 2012 (the "Complaint") under Federal Rule of Civil Procedure 12(b)(6). For...
Memorandum and Order BARBARA S. JONES, District Judge. On December 3, 2009, pursuant to a memorandum decision dated November 24, 2009, the United States Bankruptcy Court for the Southern District of New York ("Bankruptcy Court") entered an Order Confirming the Debtors' Fourth Modified Joint Plan of Reorganization (the "Plan"). Appellant Cyrus Select Opportunities Master Fund, LTD ("Appellant" or "Cyrus"), now appeals this Order. For the reasons set forth below, the appeal is DISMISSED....
OPINION & ORDER PAUL A. ENGELMAYER, District Judge. Plaintiff Francine Lioi, a former employee in New York City's Department of Health and Mental Hygiene ("DOHMH"), brings several claims of employment discrimination pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq. ("Title VII"), New York State Human Rights Law, N.Y. Exec. Law 290, et seq. ("NYSHRL"), and New York City Human Rights Law, N.Y. City Admin. Code 8-101, et seq. ("NYCHRL"). Lioi alleges...
MEMORANDUM OPINION LEWIS A. KAPLAN, District Judge. An Ecuadorian court has entered an $18.2 billion judgment (the "Judgment") against Chevron Corporation ("Chevron") 1 in an action brought by 47 individuals referred to as the Lago Agrio Plaintiffs (the "LAPs"), two of whom, Hugo Gerardo Camacho Naranjo and Javier Piaguaje Payaguaje (the "LAP Representatives"), have appeared in this action. 2 Chevron brought this action against the LAPs, their lead U.S. attorney, Steven Donziger and his...
OPINION & ORDER DENISE COTE, District Judge. This is one of sixteen actions currently before this Court in which the Federal Housing Finance Agency ("FHFA" or "the Agency"), as conservator for Fannie Mae and Freddie Mac (together, the "Government Sponsored Enterprises" or "GSEs"), alleges misconduct on the part of the nation's largest financial institutions in connection with the offer and sale of certain mortgage-backed securities purchased by the GSEs in the period between 2005 and 2007. 1...
OPINION & ORDER DENISE COTE, District Judge. Plaintiff Marilyn Vivian Alvarez ("Alvarez") brings this action pursuant to 205(g) of the Social Security Act, 42 U.S.C. 405(g), seeking to challenge a final decision of the Commissioner of the Social Security Administration (the "Commissioner"). The Commissioner found that plaintiff was not eligible for Supplemental Security Income ("SSI") disability benefits. Alvarez and the Commissioner cross-moved for judgment on the pleadings. The motions...
OPINION & ORDER DENISE COTE, District Judge. An Order of November 28 denied defendants' August 17 motion to dismiss the Amended Complaint in this action (the "August 17 Motion") on the ground that the Court's prior Opinions in the FHFA litigation "comprehensively address the arguments in support of dismissal raised by the defendants" in this case (the "November 28 Order"). On December 5, defendants moved for reconsideration of the November 28 Order, arguing that "none of the Court's prior...
