OPINION AND ORDER LORETTA A. PRESKA , Chief Judge : In this action, Gavin/Solmonese LLC (the "Trustee" or "Plaintiff"), acting on behalf of the bankrupt Waste2Energy Holdings Inc. ("W2E") and buyers of its debentures, brings securities fraud claims pursuant to Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 ("the 1934 Act") against the management of W2E as well as the broker-dealer it hired to conduct a private offering, Charles Vista LLC ("Vista"). 15 U.S.C. 78j(b); 17...
OPINION & ORDER PAUL A. ENGELMAYER , District Judge : Trial in this case — in which a class of exotic dancers seeks to recoup pay which they allege was denied them during their work at the Rick's Cabaret NY strip club ("Rick's NY" or "the Club"), in violation of the Fair Labor Standards Act ("FLSA"), 29 U.S.C. 201 et seq., and the New York Labor Law ("NYLL"), 190 et seq. & 650 et seq. — is scheduled to begin April 27, 2015. This decision resolves four open pre-trial issues:...
OPINION & ORDER PAUL A. ENGELMAYER , District Judge : Defendant dVentus Technologies LLC ("dVentus") removed this case from New York State Supreme Court to this Court based on diversity jurisdiction. Pending now is a motion to remand by plaintiff Intelligen Power Systems, LLC ("Intelligen"). For the reasons that follow, the remand motion is denied. I. Factual and Procedural Background 1 In May 2013, Intelligen and dVentus entered into a written agreement under which dVentus would...
MEMORANDUM OPINION & ORDER PAUL G. GARDEPHE , District Judge . These bankruptcy appeals arise out of the 2012 financial collapse of Grubb & Ellis Company ("Grubb and Ellis" or the "Company"), a commercial real estate and property management business. Appellants — former Grubb & Ellis brokers — object to an order approving the sale of substantially all of the Company's assets "free and clear of all claims, liens, rights, interests and encumbrances" to BGC Partners, Inc. ("BGC") (the "...
OPINION & ORDER PAUL A. ENGELMAYER , District Judge : This opinion resolves the final outstanding portion of a dispute between the Natural Resources Defense Council ("NRDC"), and the U.S. Department of Interior ("DOI") and Bureau of Land Management ("BLM") (collectively, the "Government"). Under the Freedom of Information Act, 5 U.S.C. 552 ("FOIA"), the NRDC sought to obtain records of coal-mining leases previously awarded by the Government to private mining companies in the Powder...
OPINION & ORDER PAUL A. ENGELMAYER , District Judge . Between May 27 and June 5, 2014, the Court presided over a jury trial in which the hip-hop group the Beastie Boys and affiliated plaintiffs 1 (collectively, the "Beastie Boys") pursued claims against Monster Energy Company ("Monster"), the beverage company. The jury found in the Beastie Boys' favor on both of their claims: for copyright infringement in violation of the Copyright Act, 17 U.S.C. 101 et seq., and false endorsement in...
OPINION & ORDER PAUL A. ENGELMAYER , District Judge . Sheldon Stone petitions here on behalf of the Stone Family Trust ("SFT") to confirm an arbitration award pursuant to 9 of the Federal Arbitration Act ("FAA" or "Act"), 9 U.S.C. 1 et seq. Respondents Jon Platt and Theatrical Investment Corp. (collectively, "TIC") oppose the petition and cross-move to vacate the arbitration award under 10 of the FAA. For the following reasons, SFT's petition to confirm the arbitration award is...
OPINION & ORDER PAUL A. ENGELMAYER , District Judge : Plaintiff Marie T. Maguire ("Maguire"), individually and as executrix for the estate of Thomas K. Maguire, brought this personal-injury action in New York state court for injuries arising out of Thomas Maguire's alleged exposure to asbestos. Of the many defendants, one, Crane Co. ("Crane"), removed the case to this Court, under 28 U.S.C. 1442(a)(1). Maguire now moves to remand the case to New York State Supreme Court, arguing that...
OPINION & ORDER PAUL A. ENGELMAYER , District Judge : Plaintiff VFS Financing, Inc. ("VFS") seeks a turnover order enabling it to reach two assets of its debtor, defendant Richard Fox ("Fox"): an "SRA/IRA" retirement account containing approximately $600,000 and a joint marital cash account containing approximately $7,000. VFS seeks this order in partial satisfaction of a $2.4 million judgment it obtained before this Court, pursuant to a settlement with Fox and his co-defendants. The...
REPORT AND RECOMMENDATION RONALD L. ELLIS, Magistrate Judge. To the HONORABLE COLLEEN McMAHON, U.S.D.J.: I. INTRODUCTION Pro Se Plaintiff Wayne T. Rhone ("Rhone") commenced this action under the Social Security Act (the "Act"), 42 U.S.C. 405(g), challenging a final decision of the Commissioner of Social Security (the "Commissioner") denying his claim for disability insurance benefits. On April 1, 2014, the Commissioner filed a motion to remand for further proceedings. (Def.'s Mem. of...
REPORT AND RECOMMENDATION DEBRA FREEMAN, Magistrate Judge. On December 5, 2014, this Court issued an Order (Dkt. 34), directing pro se plaintiff Evgeni Kosogliad ("Plaintiff') to show cause why his Section 1983 case should not be dismissed pursuant to Rule 41(b) of the Federal Rules of Civil Procedure, for failure to prosecute. In that Order, a copy of which is attached hereto, this Court cautioned Plaintiff that, if he failed to respond to the Court's Order by December 19, 2014, this Court...
ORDER ANALISA TORRES, District Judge. Plaintiff Mayra Castillo filed this action pursuant to section 205(g) of the Social Security Act, as amended, 42 U.S.C. 405(g) ("the Act"), to challenge a final decision of the Social Security Administration ("SSA") denying her application for disability insurance benefits under the Act. Plaintiff and the Commissioner ("defendant") have cross-moved for judgment on the pleadings. For the reasons set forth below, we recommend that plaintiff's motion be...
OPINION AND ORDER RICHARD J. SULLIVAN, District Judge. Now before the Court is Defendants' motion to dismiss this case pursuant to the doctrine of forum non conveniens, or, alternatively, to transfer it to the District of Puerto Rico pursuant to 28 U.S.C. 1404(a). For the reasons set forth below, the Court denies the motion to dismiss for forum non conveniens, but grants the motion to transfer. I. BACKGROUND 1 On February 14, 2013, Infant Plaintiff accompanied his father, nanny, and...
MOTION TO EXTEND DEADLINES RICHARD J. SULLIVAN, District Judge. Plaintiff Securities and Exchange Commission (the "Commission") respectfully submits this Motion to Extend Deadlines. The Commission has been contacted by counsel who are currently in discussions with defendants Juan Cruz Bilbao Hormaeche ("Bilbao"), Tomas Andres Hurtado Rourke ("Hurtado") and relief defendant Somerton Resources Limited ("Somerton" and "Relief Defendant") (collectively, "Defendants") as to likely representation...
ORDER GREGORY H. WOODS, District Judge. The Court ordered that an initial conference be held in this matter on December 2, 2014. Only defendant appeared at the conference; plaintiff did not appear. On December 4, 2014, the Court issued an order setting a conference for December 22, 2014, and, as a result of plaintiff's failure to appear at the first Court-ordered conference, specifically stated that failure to obey the Court's scheduling orders and to appear at the conference may result in...
OPINION AND ORDER KATHERINE POLK FAILLA, District Judge. Plaintiff John Gorman brought this action against Defendants Covidien Sales, LLC ("Covidien") and Dale Kelly to recover damages for alleged discrimination on the basis of military status and medical disability, retaliation, and intentional infliction of emotional distress during his employment at Covidien. Defendants now move to amend their answer to assert an additional affirmative defense of after-acquired evidence. For the reasons...
MEMORANDUM OPINION AND ORDER GREGORY H. WOODS, District Judge. I. INTRODUCTION Dorothy Poniatowski brought this case against her former employer, the Department of Homeland Security, under Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act of 1967. She claims that she was discriminated against on the basis of disability, national origin, and age, and that she was subject to retaliation for filing complaints with the Equal Employment Opportunity Commission....
MEMORANDUM & ORDER MICHAEL H. DOLINGER, Magistrate Judge. Plaintiff Balestriere PLLC ("plaintiff"), a law firm located in New York City, commenced this diversity lawsuit against its former clients, defendants CMA Trading, Inc. ("CMA") and Gunter "Gus" Eben ("Eben"). It asserted various state-law claims arising from its representation of CMA and its contemporaneous related business dealings with defendants. The parties consented to the jurisdiction of a magistrate judge under 28 U.S.C. 636(...
OPINION AND ORDER RICHARD J. SULLIVAN, District Judge. Plaintiff CVR Energy, Inc. ("CVR") brings this action against Defendants Wachtell, Lipton, Rosen & Katz, Benjamin M. Roth, and Andrew R. Brownstein (collectively, "Defendants" or "Wachtell"), alleging claims for professional malpractice relating to Wachtell's representation of CVR in connection with a takeover of CVR. Now before the Court is Defendants' motion to dismiss or stay the Complaint on grounds of abstention. (Doc. No. 56.) For...
OPINION & ORDER PAUL A. ENGELMAYER , District Judge : In this diversity action, Frank Christensen ("Christensen") brings claims against KCCI, Ltd. ("KCCI"), and two of its officers, Mark Nauman ("Nauman") and William Gollner ("Gollner"). As pled, Christensen's claims involve both direct and derivative claims, the latter brought in Christensen's capacity as a KCCI shareholder. Christensen's claims are to the effect that he was deprived of money, value, or procedural rights to which he was...
