ORDER LORETTA A. PRESKA , Senior District Judge . In light of the mediator's informing the Court that the case has settled, the Clerk of the Court shall mark this action closed, subject to reopening within 30 days if the settlement is not effected, and all pending motions denied as moot. SO ORDERED.
REPORT AND RECOMMENDATION JUDITH C. McCARTHY , Magistrate Judge . Plaintiff Westchester Export Capital LLC ("Plaintiff") commenced this action on May 5, 2017 against defendants WI Automotive T.R.U.S.T., Lease, Registration, and Consulting LLC d/b/a/Timeless Auto Group WI ("Timeless"), Tedmund Wayne Blankschein ("Mr. Blankschein"), Albert Golant ("Mr. Golant"), and 51 1 automobiles with the vehicle identification numbers listed in the above caption (the "Subject Automobiles" and, together...
REPORT AND RECOMMENDATION STEWART D. AARON , Magistrate Judge . TO THE HONORABLE DEBORAH A. BATTS, UNITED STATES DISTRICT JUDGE: INTRODUCTION On September 11, 2018, Honorable Deborah A. Batts issued a Memorandum and Order (1) finding that Defendant Prameet Bhargava ("Bhargava") had infringed on the duly registered copyrights and trademarks of Plaintiffs Cengage Learning, Inc., Pearson Education, Inc., and John Wiley & Sons, Inc. (collectively, "Plaintiffs"); and (2) referring to me to...
OPINION & ORDER VERNON S. BRODERICK , District Judge . Plaintiff Pricilla Saraf brings this action against Defendant West Publishing Corporation ("West") alleging claims for: (1) discrimination and harassment on the basis of her gender and/or pregnancy in violation of Title VII of the Civil Rights Act of 1964 ("Title VII"), the New York State Human Rights Law ("NYSHRL"), and the New York City Human Rights Law ("NYCHRL"); (2) interference and retaliation in violation of the Family Medical...
MEMORANDUM OPINION & ORDER JOHN G. KOELTL , District Judge . Postalis Instituto de Preved ncia Complementar — Sob Interven o ("Postalis") seeks an order under 28 U.S.C. 1782 authorizing it to take discovery from The Bank of New York Mellon ("BNY Mellon"). I. The following facts are taken from Declarations submitted by the parties. Postalis brings this discovery application, asserting that the requested evidence is for use in six ongoing proceedings that Postalis instituted in the...
MEMORANDUM OPINION & ORDER John G. Koeltl , United States District Judge . Jeffrey Kwatinetz and O'Shea Jackson (collectively "the petitioners") bring this petition for an order to permanently enjoin the respondent, Roger Mason, from continuing to pursue an employment arbitration 1 against the petitioners. The petitioners bring this action under the Federal Arbitration Act ("FAA"), 9 U.S.C. 4. I. The following facts are taken from the declarations and exhibits submitted by the...
REPORT AND RECOMMENDATION DEBRA FREEMAN , District Judge . On April 7, 2015, three of the currently named plaintiffs in this action, Alfredo Moreno Cocoletzi ("Cocoletzi"), Edgar Monteroso ("Monteroso"), and Gilberto Dario Ramirez Ramos ("Ramos"), purportedly on behalf of themselves and others similarly situated, commenced this putative collective action pursuant to the Fair Labor Standards Act ("FLSA"), 29 U.S.C. 201 et seq., and the New York Labor Law (the "NYLL"), Sections 190 et....
OPINION AND ORDER RICHARD J. SULLIVAN , Circuit Judge . Nicolas Epskamp petitions for a writ of habeas corpus pursuant to 28 U.S.C. 2255, seeking to vacate, set aside, or correct the 264-month sentence imposed on him on June 23, 2015. (Doc. No. 269 (the "Petition").) 1 For the reasons that follow, that petition is denied. I. BACKGROUND 2 On December 15, 2011, law enforcement officers from the Dominican Republic and the United States Drug Enforcement Administration arrested Epskamp...
OPINIONAND ORDER VINCENT L. BRICCETTI , District Judge . Plaintiff 1 brings the following claims under 42 U.S.C. 1983: • Unlawful detention in violation of the Fourth and Fourteenth Amendments against the City of Mount Vernon (the "City"), the City Police Department, and unidentified City police officers (the "City Officers") (collectively, the "City Defendants"); • Infringement of plaintiff's right to intimate association in violation of the Fifth and Fourteenth Amendments against...
OPINION AND ORDER VINCENT L. BRICCETTI , District Judge . Plaintiff Judy Sugar brings this Section 1983 action against defendants Greenburgh Eleven Union Free School District (the "District") and Elton Thompson, principal of Mary McLeod Bethune Junior/Senior High School (the "School"), alleging violations of her First and Fourteenth Amendment rights. Before the Court is defendants' motion to dismiss the amended complaint pursuant to Rule 12(b)(6). (Doc. #31). For the reasons set forth...
OPINION AND ORDER J. PAUL OETKEN , District Judge . Plaintiffs initially filed this personal injury action against Defendants Brooks Shopping Centers LLC ("Brooks") and The Stop and Shop Supermarket Company LLC ("Stop and Shop") (collectively, "Defendants") in New York Supreme Court for Bronx County. Stop and Shop has removed the action to this Court, invoking this Court's diversity jurisdiction pursuant to 28 U.S.C. 1332. (Dkt. No. 1.) On November 20, `, this Court issued an order to...
MEMORANDUM AND ORDER NAOMI REICE BUCHWALD , District Judge . Petitioner Czech Republic initiated this action on August 20, 2018, by filing a petition to confirm a foreign arbitral award. 1 Respondent AllY LTD. has not responded to the petition, and its time to do so has expired. Accordingly, the Clerk of Court entered default against the respondent on December 26, 2018. See ECF No. 23. When, as here, a respondent declines to respond to a petition "to confirm an [arbitral] award," which...
OPINION AND ORDER J. PAUL OETKEN , District Judge . Following a 2007 jury trial in New York state court, Petitioner Joshua Nowrang was convicted of Murder in the Second Degree in violation of New York Penal Law 125.25(1) and sentenced to an indeterminate prison term of twenty-five years to life. (Dkt. No. 12 7.) Having unsuccessfully sought to vacate his conviction through appellate and post-judgment proceedings in New York's courts (Dkt. No. 12 8-10), Nowrang now turns to federal...
OPINION AND ORDER GRANTING PETITION OF HABEAS CORPUS ALVIN K. HELLERSTEIN , U.S.D.J. : Petitioner Adou Kouadio ("Petitioner"), a citizen of Ivory Coast seeking asylum in the United States, was taken into custody at the U.S. border on February 21, 2016. He has been detained ever since—approximately 34 months at present writing, while his petition for asylum remains pending. He petitions for habeas corpus, claiming that his indefinite detention without an opportunity for bail violates the...
OPINION AND ORDER J. PAUL OETKEN , District Judge . Plaintiff Evan Geffner brings this action against Defendants Quanta Services, Inc., Phoenix Power Group, Inc., Tom Buchanan, Darrell Jenkins, John DeSena, Pete Butkowsky, Ashley Miller, and Earl C. Austin, Jr., alleging discrimination and retaliation in violation of Title VII, 42 U.S.C. 2000e et seq.; 42 U.S.C. 1981; the Family Medical Leave Act ("FMLA"), 29 U.S.C. 2601 et seq.; the Americans with Disabilities Act ("ADA"), 42 U....
MEMORANDUM OPINION AND ORDER JOHN G. KOELTL , District Judge . The plaintiff, Joshua Rosner, has filed a three-part motion (1) objecting to the Magistrate Judge's order denying in part the plaintiff's request to quash the Government's third-party subpoenas, (2) requesting appellate certification for the Magistrate Judge's order under 28 U.S.C. 1292(b), and (3) for a writ of mandamus under 28 U.S.C. 1361 compelling the Commissioner of the Internal Revenue Service to conclude that the...
OPINION AND ORDER JOHN G. KOELTL , District Judge . This case is a judgment enforcement action. The Court of Appeals for the Second Circuit has determined that this Court has subject matter jurisdiction to hear this action. See d'Amico Dry Ltd. v. Primera Mar. (Hellas) Ltd., 886 F.3d 216 (2d Cir. 2018). The plaintiff, d'Amico Dry d.a.c. ("d'Amico Dry"), seeks to collect on a judgment of $1,766,278.54 plus attorney's fees, costs, and interest, obtained in England and entered on June...
MEMORANDUM OPINION AND ORDER JOHN G. KOELTL , District Judge . The plaintiff, Joshua Rosner, has filed a three-part motion (1) objecting to the Magistrate Judge's order denying in part the plaintiff's request to quash the Government's third-party subpoenas, (2) requesting appellate certification for the Magistrate Judge's order under 28 U.S.C. 1292(b), and (3) for a writ of mandamus under 28 U.S.C. 1361 compelling the Commissioner of the Internal Revenue Service to conclude that the...
OPINION AND ORDER KATHARINE H. PARKER , Magistrate Judge . FROM: KATHARINE H. PARKER, UNITED STATES MAGISTRATE JUDGE Plaintiff Sarah Lebron ("Plaintiff"), who is represented by counsel, commenced this action against Defendant Commissioner of the Social Security Administration (the "Commissioner"), pursuant to the Social Security Act (the "Act"), 42 U.S.C. 405(g), seeking review of the Commissioner's decision that Plaintiff was not disabled under section 1614(a)(3)(A) of the Act from...
OPINION & ORDER KENNETH M. KARAS , District Judge . Plaintiff Brian White, currently incarcerated at Franklin Correctional Facility, brings this pro se Action under 42 U.S.C. 1983, alleging that Defendants violated his constitutional rights by mismanaging his treatment for a hormone imbalance while incarcerated at Westchester County Jail. He also asserts related state-law claims, including medical malpractice and intentional infliction of emotional distress. Before the Court are two...
