OPINION AND ORDER RONNIE ABRAMS, District Judge. Plaintiffs Capitol Records, LLC, Caroline Records, Inc., Virgin Records America, Inc. (collectively, "Capitol"), EMI Blackwood Music, Inc., EMI April Music, Inc., EMI Virgin Music Inc., Colgems-EMI Music, Inc., EMI Virgin Songs, Inc., EMI Gold Horizon Music Corp., EMI U Catalog, Inc., EMI Unart Catalog, Inc., Jobete Music Co., Inc. and Stone Diamond Music Corporation (collectively, "EMI" and, with Capitol, "Plaintiffs") bring this copyright...
OPINION AND ORDER CATHY SEIBEL, District Judge. Before the Court is the Motion of Third-Party Defendant National Freight, Inc. ("NFI") to Dismiss the Third-Party Complaint of Third-Party Plaintiff Wal-Mart Stores East, LP ("WMSE") pursuant to Federal Rules of Civil Procedure 12(b)(6) and 14(a). (Doc. 18.) For the following reasons, Defendant's Motion is GRANTED. I. Background The factual allegations contained in the Third-Party Plaintiff's Complaint ("TPC") are accepted as true for the...
CORRECTED OPINION & ORDER PAUL A. ENGELMAYER, District Judge: Three defendants in this multi-defendant racketeering case (Carlos Urena, Juan Franco, and Limet Vasquez) have moved for an order requiring the Government to reveal the redacted portions of certain recorded 911 calls that the Government has provided to them in discovery. These calls relate to a murder charged in the Indictment as a predicate act of racketeering. Dkt. 730, 754. The redactions from these recordings consist of the...
OPINION & ORDER DENISE COTE, District Judge. Appellants CarVal Investors UK Limited, as manager of CVF Lux Master S.a.r.l., the assignee of Doral Bank and Doral Financial Capital (collectively, "Doral") and Hudson City Savings Bank ("Hudson") move pursuant to 28 U.S.C. 158(d)(2) for certification to appeal directly to the United States Court of Appeals for the Second Circuit from a July 15, 2013 Order of the bankruptcy court denying them "customer" status under the Securities Investor...
MEMORANDUM OPINION & ORDER PAUL G. GARDEPHE, District Judge. Plaintiff Bernard White alleges that Defendants Pacifica Foundation — his former employer — and Stephen M. Brown — a board member for a local radio station owned by Pacifica — discriminated against him because of his race, and then retaliated against him for complaining about the discrimination, in violation of 42 U.S.C. 1981 et seq. ("Section 1981"); the New York State Human Rights Law, N.Y. Exec. L. 290 et seq. ("NYSHRL");...
MEMORANDUM AND ORDER DENYING CONTINUANCE AND STAY OF PROCEEDINGS PENDING DISPOSITION OF MANDAMUS PETITION LEWIS A. KAPLAN, District Judge. Defendants now move to delay the October 15, 2013 trial (which was scheduled more than ten months ago) and, in addition, stay all other proceedings in this case pending the disposition by the Second Circuit of their petition for a writ of mandamus. The motion to delay the trial is without merit, represents a radical change in defendants' nominal position (...
OPINION AND ORDER JOHN G. KOELTL, District Judge: This case arises from the arrest and school suspension of the plaintiff, a high school student named Krittika Biswas. The plaintiff was arrested and suspended from school for allegedly sending threatening e-mails to two teachers at the school. The charge against the plaintiff was eventually dropped and another student confessed to sending the e-mails. The plaintiff brings this civil rights action against the City of New York ("City") and the...
OPINION AND ORDER JESSE M. FURMAN, District Judge. This appeal arises out of an adversary proceeding related to the Chapter 11 bankruptcy of Motors Liquidation Company, formerly known as General Motors ("Old GM"). After Old GM filed for bankruptcy, General Motors LLC ("New GM") purchased the majority of Old GM's assets pursuant to Section 363 of the Bankruptcy Code. Appellants, Kelly Castillo et al. (the " Castillo Plaintiffs"), seek a declaratory judgment that, in doing so, New GM...
OPINION AND ORDER RAMOS, District Judge. The Bakery, Confectionery, Tobacco Workers and Grain Millers International Union, on behalf of its thirty-five local unions who are the "authorized local representatives" of certain of the Debtors' employees and retirees (collectively, "BCT" or "Appellant"), appeals the Order of the Bankruptcy Court denying its motion for administrative expense treatment of certain payments allegedly owed by the Debtors (collectively, "Hostess" or "Appellees"). Doc. 1....
OPINION AND ORDER JESSE M. FURMAN, District Judge: The United States brings this civil fraud action against Defendant Wells Fargo Bank, N.A. ("Wells Fargo" or the "Bank"), alleging that the Bank engaged in misconduct in originating and underwriting government-insured home mortgage loans. The Government seeks damages and civil penalties, likely to total hundreds of millions of dollars, under the False Claims Act (the "FCA"), 31 U.S.C. 3729 et seq.; the Financial Institutions Reform,...
OPINION AND ORDER JOHN G. KOELTL, District Judge: The plaintiff, Felix Fargas, commenced an action against the defendants Cincinnati Machine, LLC ("Cincinnati Machine") and MAG IAS, LLC ("MAG") in the New York State Supreme Court, Bronx County, for injuries he allegedly sustained when operating an industrial machine manufactured by a predecessor of MAG. The defendants removed the action to this Court under 28 U.S.C. 1441 and 1446 based on diversity of citizenship jurisdiction, 28 U.S.C....
OPINION & ORDER PAUL A. ENGELMAYER, District Judge: Plaintiffs Clarex Limited ("Clarex") and Betax Limited ("Betax") (collectively, "Clarex"), companies operating in Nassau, Bahamas allege in this action that defendants Natixis Securities America LLC and its predecessors (collectively, "Natixis"), Delaware corporations operating in New York, New York, violated a contractual duty to deliver 46,000 Warrants. Clarex purchased these Warrants, along with Nigerian Bonds, in five separate...
OPINION AND ORDER JOHN G. KOELTL, District Judge. This is an alleged securities fraud action brought on behalf of a proposed class of investors in New Oriental Education and Technology Group Incorporated ("New Oriental"). The lead plaintiff, Mineworker's Pension Scheme ("MPS"), brings a consolidated putative class action suit on behalf of the purchasers of American Depository Shares ("ADS") of New Oriental who purchased ADS between October 19, 2009 and July 17, 2012 (the "Class Period"). The...
OPINION AND ORDER GABRIEL W. GORENSTEIN, United States Magistrate Judge. Counterclaim Plaintiff Protoons, Inc. ("Protoons") has moved pursuant to Federal Rule of Civil Procedure 26 and Federal Rules of Evidence 403 and 702 to strike in its entirety the expert report of Robert E. Allen submitted by Counterclaim Defendants Reach Music Publishing, Inc. ("Reach Music"), David Reeves, Reach Global, Inc. ("Reach Global" or "Reach"), and Michael Closter (collectively, the "counterclaim defendants")....
OPINION AND ORDER [denying defendant's motion for an award of attorneys' fees and reimbursement of litigation expenses] DONALD C. POGUE, District Judge. 22 Plaintiff, John Wiley & Sons, Inc. ("Wiley"), a domestic publisher of academic textbooks, brought this copyright action to enforce its exclusive rights to import and distribute certain copyrighted work, printed and sold abroad by its wholly owned foreign subsidiary. Defendant, Supap Kirtsaeng ("Kirtsaeng"), an importer and reseller of...
OPINION AND ORDER DENISE COTE, District Judge. Defendants in this securities fraud action have moved pursuant to 28 U.S.C. 1404(a) to transfer this opt-out action to the Middle District of Florida, where the related securities class action is pending. For the following reasons, the motion is granted. BACKGROUND In 2010, a class action was filed in the Middle District of Florida and assigned to the Honorable Timothy J. Corrigan. City of St. Clair Shores Gen. Employees Ret. Sys. V. Lender...
OPINION AND ORDER J. PAUL OETKEN, District Judge: Plaintiff Rudy Colon, individually and on behalf of others similarly situated, alleges that Defendants violated the Fair Labor Standards Act ("FLSA") and New York Labor Law ("NYLL") by, among other things, failing to pay employees in accordance with minimum wage and overtime laws. On July 2, 2013, 2013 WL 3328223, the Court granted in part Plaintiffs' Motion for Conditional Certification of a Collective Action under FLSA and ordered the...
OPINION & ORDER SIDNEY H. STEIN, District Judge. In August, this Court approved the settlement of this securities class action, which was brought on behalf of a class of purchasers of bonds issued by or on behalf of Citigroup, Inc. and raised claims pursuant to the Securities Act of 1933. Plaintiffs agreed to settle all claims in exchange for a payment of $730 million — an agreement that the Court found to be fair, reasonable, and adequate. See generally In re Citigroup Inc. Bond Litig.,...
OPINION AND ORDER SHIRA A. SCHEINDLIN, District Judge. On March 23, 2012, pro se petitioner Foday Sillah ("Sillah") was sentenced to a term of thirty-seven months in prison after a jury convicted him of bank fraud. Sillah, represented by a new attorney, appealed arguing that: (1) the evidence was insufficient to support the verdict; (2) this Court's jury instruction regarding reasonable doubt was improper; (3) the sentence imposed by this Court was unreasonable; and (4) trial counsel was...
OPINION & ORDER SIDNEY H. STEIN, District Judge. Plaintiff Wesley Odom, A Former Employee of Smith Barney Asset Management, LLC, 1 brings this suit alleging violations of Section 10(b) and Rule 10b-5 of the Securities Exchange Act of 1934 (the "Exchange Act"); common law fraud and negligent misrepresentation; and violations of the Florida Whistleblower's Act, Fla. Stat. 448.101 et seq. Odom's Exchange Act and common law claims arise from alleged misrepresentations made by Citigroup...
