REPORT AND RECOMMENDATION JAMES C. FRANCIS, IV , Magistrate Judge . Ruben Claudio, proceeding pro se , brings this action pursuant to section 205(g) of the Social Security Act (the "Act"), 42 U.S.C. 405(g), seeking review of a determination by the Acting Commissioner of Social Security (the "Commissioner") that Mr. Claudio is not entitled to Supplemental Security Income benefits ("SSI"). The Commissioner has filed a motion for judgment on the pleadings pursuant to Rule 12(c) of the...
REPORT AND RECOMMENDATION JAMES C. FRANCIS, IV , Magistrate Judge . TO THE HONORABLE COLLEEN McMAHON, Chief Judge: In this action, plaintiff Euro Pacific Capital, Inc. ("Euro Pacific"), alleges a number of causes of action in connection with a Securities Purchase Agreement among the plaintiff, a number of investors for whom Euro Pacific acted as Investor Representative (the "Shareholders"), and defendant U.S. China Mining Group, Inc. ("China Mining"). The Honorable Collen McMahon, Chief...
REPORT AND RECOMMENDATION JAMES C. FRANCIS, IV , Magistrate Judge . In this action, plaintiff Euro Pacific Capital, Inc. ("Euro Pacific"), alleges a number of causes of action in connection with a Securities Purchase Agreement among the plaintiff, a number of investors for whom Euro Pacific acted as Investor Representative (the "Shareholders"), and defendant U.S. China Mining Group, Inc. ("China Mining"). The Honorable Collen McMahon, Chief Judge, granted judgment by default against China...
REPORT AND RECOMMENDATION JUDITH C. McCARTHY , Magistrate Judge . Plaintiff Shamrock Power Sales, Inc. ("Plaintiff" or "Shamrock Power") seeks to recover damages from defendants John Scherer ("Defendant Scherer"), Patrice Tilearcio ("Defendant Tilearcio"), Scherer Utility Sales, LLC, and Storm King Power Sales, LLC (collectively "Defendants") for causes of action arising out of Defendant Scherer's employment with Plaintiff. (Docket No. 1). Plaintiff filed the instant complaint on December...
ORDER ACCEPTING PLEA ALLOCUTION NELSON S. ROM N , District Judge . The Court has reviewed the transcript of the plea allocution in the above-entitled case, the charging papers, and all other pertinent parts of the record. The Report and Recommendation of the Honorable Judith C. McCarthy, United States Magistrate Judge, dated November 29, 2016, is approved and accepted. SO ORDERED.
OPINION THOMAS P. GRIESA , District Judge . In this action brought by certain holders of Argentine bonds, the Republic of Argentina moves for partial dismissal under Rule 12(b)(6) for failure to state a claim. For the following reasons, the court grants the Republic's motion. Background Plaintiffs are certain institutional investors who hold beneficial interests in Republic-issued bonds governed by New York law. These plaintiffs own "FAA Bonds," issued under a 1994 Fiscal Agency...
OPINION & ORDER PAUL A. ENGELMAYER , District Judge . On August 12, 2015, petitioner Darryl Williams, proceeding pro se, filed a petition for a writ of habeas corpus, pursuant to 28 U.S.C. 2254. Dkt. 2. On April 7, 2016, the Court referred the petition to Magistrate Judge Kevin Nathaniel Fox. On May 3, 2016, respondent C. Jacobsen filed a declaration and a memorandum of law in opposition to Williams's habeas petition. Dkts. 11-12. On November 28, 2016, Judge Fox issued a Report and...
REPORT AND RECOMMENDATION JAMES C. FRANCIS, IV , Magistrate Judge . Plaintiffs Ninoska Granados, Kristina Griggs, Julia Main, Jessica Neinhaus, and Heather Soukas allege that defendants Traffic Bar and Restaurant, Inc. ("Traffic"), Christopher Foley, and Paul Valenti violated the Fair Labor Standards Act, 29 U.S.C. 201 et seq. (the "FLSA"), and New York Labor Law, N.Y. Lab. Law 650 et. seq. (the "NYLL"). 1 The Honorable Thomas P. Griesa, U.S.D.J., granted judgment by default...
OPINION & ORDER PAUL A. ENGELMAYER , District Judge . On January 28, 2016, petitioner Local 2006, Retail, Wholesale & Department Store Union, United Food and Commercial Workers (the "Union") moved for summary judgment against respondents Basic Wear, Inc., Underground Culture, Inc. d/b/a Boys and Chicks, Street Wear 18, Inc., Fashion Place, Inc., Leather Caves, Inc., X-Treem Vibe, Inc. d/b/a Sloppy Joe Dirty Jane, and Yellow Rat Bastard (collectively, "Yellow Rat Bastard"). Dkt. 1. The...
MEMORANDUM AND ORDER JAMES C. FRANCIS, IV , Magistrate Judge . The United States Secretary of Labor, Thomas E. Perez (the "Secretary"), brings this Fair Labor Standards Act action against Manna 2nd Avenue LLC, Manna Madison Avenue LLC, Manna Amsterdam Avenue LLC, Manna Lexington Avenue LLC, and Paola Pedrignani. Although the parties have cross-moved for partial summary judgment, the plaintiff has moved to strike all or parts of three declarations submitted by the defendants. For the...
MEMORANDUM AND ORDER JAMES C. FRANCIS, IV , Magistrate Judge . The plaintiffs in this wage-and-hour action have moved for conditional certification of a Fair Labor Standards Act ("FLSA") collective action. 1 The plaintiffs additionally request that the Court authorize notice to potential opt-in plaintiffs. For the reasons that follow, the plaintiffs' motion to conditionally certify a collective action is granted and the plaintiffs' requests as to notice are granted in part and denied in...
OPINION AND ORDER ANDREW L. CARTER, Jr. , District Judge . Plaintiff Hypnotic Hats, Ltd. commenced this action against Defendants Wintermantel Enterprises, LLC ("WE"), Hype Cheer, LLC ("Hype Cheer"), and Hype Socks, LLC ("Hype Socks"), alleging trademark infringement and false designation under the Lanham Act, 15 U.S.C. 1051, et seq., and related common-law claims. Defendants moved to dismiss the complaint for lack of personal jurisdiction pursuant to Federal Rule of Civil Procedure...
OPINION & ORDER PAUL A. ENGELMAYER , District Judge . In this employment discrimination case, plaintiff Joyce Washington, a former Assistant Professor employed by defendant Borough of Manhattan Community College ("BMCC"), brings claims against BMCC and its president, Dr. Antonio Perez, under Title VII of the Civil Rights Act of 1964 ("Title VII"), 42 U.S.C. 2000e et seq.; the New York State Human Rights Law ("NYSHRL"), N.Y. Exec. Law 290 et seq.; the New York City Human Rights Law ("...
REPORT AND RECOMMENDATION JAMES C. FRANCIS, IV , Magistrate Judge . TO THE HONORABLE ALISON J. NATHAN, U.S.D.J.: The plaintiff, Albert Soto, brings this wage-and-hour action against Armstrong Realty Management Corp. ("Armstrong Realty") and Mark Massey. After a default judgment was entered against the defendants, the Honorable Alison J. Nathan, U.S.D.J., referred the action to me for an inquest. The defendants did not appear at the inquest, and the following findings are therefore based...
OPINION AND ORDER JAMES L. COTT , Magistrate Judge . In 2013, plaintiff Maria Molina applied for Supplemental Security Income ("SSI"), claiming that her minor daughter, M, had a learning disability. Defendant Carolyn W. Colvin, Acting Commissioner of the Social Security Administration ("Commissioner"), issued a final decision in 2015 denying plaintiff's application on the ground that M was not disabled. Plaintiff now seeks review of the Commissioner's decision under 42 U.S.C. 405(g)....
OPINION ROBERT W. SWEET , District Judge . Defendants Rag & Bone Industries LLC ("Rag & Bone"), David Neville, and Marcus Wainwright (collectively, "Defendants") have moved to compel Plaintiff Hoi Kwong Chan ("Plaintiff" or "Chan") to respond to Defendants' discovery requests. As set forth below, this motion is granted in part and denied in part. I. Prior Proceedings This action was initiated on August 11, 2015. Chan filed a complaint for employment discrimination, alleging violations of...
AMENDED ORDER ADOPTING REPORT AND RECOMMENDATION KIMBA M. WOOD , District Judge . On August 7, 2015, Petitioner pro se, Anthony Hill, filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. 2254. On August 21, 2015, the matter was referred to Magistrate Judge James C. Francis. Before the Court is the Report and Recommendation ("R & R") of Judge Francis, familiarity with which is assumed. In the R & R, Judge Francis proposed that Petitioner's petition be denied. ECF No. 25....
OPINION & ORDER PAUL A. ENGELMAYER , District Judge . This decision resolves a summary judgment motion in a case bringing a variety of federal and state-law claims of police misconduct. Plaintiff Mei Ling Lin brings claims under 42 U.S.C. 1983 for false arrest, malicious prosecution, excessive force, and unlawful search and seizure, along with parallel claims under state law for false arrest and malicious prosecution, against the City of New York (the "City") and New York City Police...
OPINION AND ORDER Bk. Case No. 12-12020 (MG) JOHN G. KOELTL , District Judge . This is an appeal pursuant to 28 U.S.C. 158(a)(1) from the Memorandum Opinion and Order of the United States Bankruptcy Court for the Southern District of New York (the "Bankruptcy Court") dated November 23, 2015 (the "Order"). See In re Residential Capital, LLC , 541 B.R. 202 (Bankr. S.D.N.Y. 2015). The appeal is brought by ResCap Liquidating Trust (the "Trust"), as successor to Residential Funding...
REPORT AND RECOMMENDATION HENRY PITMAN , District Judge . I. Introduction This matter was referred to me to determine whether plaintiff was competent and whether counsel should be appointed for plaintiff. I respectfully recommend that plaintiff be found competent. 1 I further recommend mea sponte that this matter be dismissed on the ground that the parties agreed to a settlement on the record on September 15, 2016, and defendant has complied with its obligations under that agreement....
