Decision and Order HUGH B. SCOTT , Magistrate Judge . I. INTRODUCTION The parties have consented to this Court's jurisdiction under 28 U.S.C. 636(c). The Court has reviewed the Certified Administrative Record in this case (Dkt. No. 8, pages hereafter cited in brackets), and familiarity is presumed. This case comes before the Court on cross-motions for judgment on the pleadings under Rule 12(c) of the Federal Rules of Civil Procedure. (Dkt. Nos. 12, 13.) In short, plaintiff is...
Decision and Order HUGH B. SCOTT , Magistrate Judge . This case concerns allegations that plaintiffs have paid millions of dollars since 2017 to defendants for no-fault medical services that were medically unnecessary, badly exaggerated, or outright fabricated. On July 10, 2019, defendants filed a motion to dismiss the complaint under Rule 12(b)(6) of the Federal Rules of Civil Procedure. (Dkt. No. 14.) On August 15, 2019, plaintiffs filed a motion to stay existing no-fault collection...
DECISION AND ORDER H. KENNETH SCHROEDER, JR. , Magistrate Judge . As set forth In the Standing Order of the Court regarding Social Security Cases subject to the May 21, 2018 Memorandum of Understanding, the parties have consented to the assignment of this case to the undersigned to conduct all proceedings in this case, including the entry of final judgment, as set forth in 42 U.S.C. 405(g). Dkt. #15. BACKGROUND Plaintiff applied for supplemental security income ("SSI"), benefits with...
OPINION AND ORDER WILLIAM K. SESSIONS, III , District Judge . Plaintiffs Liberty Mutual Insurance Company and Liberty Mutual Group Inc. (collectively "Liberty Mutual") bring this action for damages and injunctive relief against Liberty Mutual's former sales representative Michael Guereschi, his business associate Shanon Lebel, and LFA Group, LLC. The Complaint alleges an unlawful conspiracy to steal Liberty Mutual clients/policyholders, and brings causes of action for breach of contract,...
DECISION AND ORDER DAVID G. LARIMER , District Judge . Plaintiff appeals from a denial of disability benefits by the Commissioner of Social Security ("the Commissioner"). The action is one brought pursuant to 42 U.S.C. 405(g) to review the March 2, 2015, plaintiff, then forty-nine years old, filed applications for a period of disability and disability insurance benefits, and Supplemental Security Income, alleging an inability to work since January 1, 2012 (later amended to March 2, 2015)....
DECISION AND ORDER DAVID G. LARIMER , District Judge . Plaintiff appeals from a denial of disability benefits by the Commissioner of Social Security ("the Commissioner"). The action is one brought pursuant to 42 U.S.C. 405(g) to review the Commissioner's final determination. On February 11, 2014, plaintiff, then forty years old, filed an application for disability insurance benefits, alleging an inability to work since March 30, 2012. (Administrative Transcript, Dkt. #6-2 at 16). Her...
CONSENT Order HUGH B. SCOTT , Magistrate Judge . Before the Court are the parties' respective motions for judgment on the pleadings (Docket Nos. 7 (plaintiff), 10 (defendant Commissioner)). Having considered the Administrative Record, filed as Docket No. 5 (references noted as "[R. __]"), and the papers of both sides, this Court reaches the following decision. INTRODUCTION This is an action brought pursuant to 42 U.S.C. 405(g) to review the final determination of the Commissioner of...
DECISION and ORDER LESLIE G. FOSCHIO , Magistrate Judge . JURISDICTION On October 7, 2019, the parties to this action, in accordance with a Standing Order, consented pursuant to 28 U.S.C. 636(c) to proceed before the undersigned. (Dkt. 13). The matter is presently before the court on motions for judgment on the pleadings filed by Plaintiff on May 28, 2019 (Dkt. 7), and by Defendant on July 26, 2019 (Dkt. 10). BACKGROUND Plaintiff Edward Shealy ("Plaintiff"), brings this action under...
DECISION and ORDER LESLIE G. FOSCHIO , Magistrate Judge . JURISDICTION On October 7, 2019, this case was reassigned to the undersigned before whom the parties consented pursuant to 28 U.S.C. 636(c) to proceed in accordance with this Court's June 29, 2018 Standing Order. (Dkt. No. 14). The court has jurisdiction over the matter pursuant to 42 U.S.C. 405(g). The matter is presently before the court on motions for judgment on the pleadings, filed on May 14, 2019, by Plaintiff (Dkt. No....
DECISION AND ORDER DAVID G. LARIMER , District Judge . Plaintiff, on behalf of her minor son, N.S., appeals from a denial of supplemental security income benefits by the Commissioner of Social Security ("the Commissioner"), based on the Commissioner's finding that N.S. was not disabled. Plaintiff protectively filed an application for Supplemental Security Income on March 27, 2015, on N.S.'s behalf, claiming disability as of August 1, 2014. That claim was initially denied on September 1,...
DECISION & ORDER LAWRENCE J. VILARDO , District Judge . INTRODUCTION On August 9, 2017, the pro se plaintiff, Luanne Nicolosi, filed a complaint asserting employment discrimination claims under Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e-2000e-17, against Customs and Border Protection ("CBP"), a division of the Department of Homeland Security ("DHS"). Docket Item 1. On August 25, 2017, Nicolosi moved for service by the United States Marshals Service ("Marshals")....
ENTRY ORDER FINDING NO ABUSE OF DISCRETION, AFFIRMING THE DECISION OF THE COMMISSIONER, AND DISMISSING CASE CHRISTINA REISS , District Judge . Plaintiff Jacqueline E. is a claimant for Social Security Disability Insurance Benefits ("DIB") under the Social Security Act ("SSA"). She brings this action pursuant to 42 U.S.C. 405(g) to reverse the decision of the Social Security Commissioner that she is not disabled. On November 22, 2019, the court granted Plaintiff's second motion for relief...
DECISION AND ORDER MARK W. PEDERSEN , Magistrate Judge . INTRODUCTION Plaintiff Myia S. McGowan ("Plaintiff") brings this action pursuant to Section 205(g) of the Social Security Act, 42 U.S.C. 405(g) and 1383(c)(3) seeking judicial review of a final decision of the Commissioner of Social Security ("Commissioner") denying her application for a period of disability and disability insurance benefits. Pursuant to 28 U.S.C. 636(c) the parties have consented to the disposition of this...
DECISION & ORDER DAVID G. LARIMER , United States District Judge . PROCEDURAL BACKGROUND On April 30, 2007, petitioner Robinson Sanchez ("Sanchez") pleaded guilty to three counts of the Fourth Superseding Indictment pursuant to a detailed Plea Agreement. Sanchez pleaded to a narcotics charge (possession with intent to distribute 500 grams of heroin); and two firearms offenses (possessing a firearm in furtherance of a drug trafficking crime and brandishing a firearm on a different date in...
DECISION AND ORDER JEREMIAH J. McCARTHY , Magistrate Judge . This is an action brought pursuant to 42 U.S.C. 405(g) and 1383(c)(3) to review the final determination of defendant Commissioner of Social Security that plaintiff was not entitled to disability insurance benefits ("DIB") or Supplemental Security Income ("SSI"). Before the court are the parties' cross-motions for judgment on the pleadings [8, 11]. 1 The parties have consented to my jurisdiction [13]. Having reviewed the...
DECISION AND ORDER JEREMIAH J. McCARTHY , Magistrate Judge . This is an action brought pursuant to 42 U.S.C. 405(g) to review the final determination of defendant Commissioner of Social Security that plaintiff was not entitled to disability insurance benefits ("DIB"). Before the court are the parties' cross-motions for judgment on the pleadings [9, 12]. 1 The parties have consented to my jurisdiction [14]. Having reviewed the parties' submissions [9, 12, 13], this matter is remanded to...
DECISION AND ORDER H. KENNETH SCHROEDER, JR. , Magistrate Judge . As set forth In the Standing Order of the Court regarding Social Security Cases subject to the May 21, 2018 Memorandum of Understanding, the parties have consented to the assignment of this case to the undersigned to conduct all proceedings in this case, including the entry of final judgment, as set forth in 42 U.S.C. 405(g). Dkt. #10. BACKGROUND Plaintiff applied for supplemental security income ("SSI"), benefits with...
OPINION AND ORDER WILLIAM K. SESSIONS, III , District Judge . Plaintiff Michael Mingo claims that Defendant Niagara Frontier Transportation Authority ("NFTA") fired him from his job because of his race. NFTA contends that it fired Mingo for stealing company property. NFTA now moves for summary judgment, arguing that Mingo has failed to establish that the stated reason for his firing was a pretext for discrimination. For the reasons set forth below, the motion for summary judgment is...
DECISION AND ORDER ELIZABETH A. WOLFORD , United States District Judge . INTRODUCTION Plaintiff Fabrizio Terranova ("Plaintiff") alleges claims pursuant to 42 U.S.C. 1983 related to an incident at the Wende Correctional Facility ("Wende") on June 9, 2015. (Dkt. 34). Named defendants James K. Johnson, Jeffrey J. Patterson, Roger J. Tanguay, Angelo M. Viscuso, Scott D. Rybak, and Michael J. Chludzinski (collectively "Named Defendants") seek dismissal of Plaintiff's claims pursuant to...
DECISION AND ORDER CHARLES J. SIRAGUSA , District Judge . INTRODUCTION This is an action brought pursuant to 42 U.S.C. 405(g) to review the final determination of the Commissioner of Social Security ("Commissioner" or "Defendant"), which denied the application of Christina Verstreate ("Plaintiff") for Social Security Disability Insurance ("SSDI") benefits. Now before the Court is Plaintiff's motion (Docket No. [#19]) for judgment on the pleadings and Defendant's cross-motion [#26] for...
