FINDINGS AND RECOMMENDATION STACIE F. BECKERMAN , Magistrate Judge . Plaintiff G. Pena Carrillo ("Carrillo"), an individual formerly in custody at Snake River Correctional Institution ("SRCI"), filed this civil rights action against SRCI Food Service Coordinator Moore ("Moore"), alleging that Moore violated his rights under the Eighth Amendment by requiring him to lift pots and pans weighing more than ten pounds while working in the SRCI kitchen despite a medical restriction that he not...
FINDINGS AND RECOMMENDATION JOHN V. ACOSTA , Magistrate Judge . Plaintiff Pomegranate Communications, Inc. ("Pomegranate") brings this lawsuit against Defendant Sourcebooks, Inc. ("Sourcebooks") for violations of the Lanham Act, codified at 15 U.S.C. 1051 et seq. Pomegranate alleges Sourcebooks infringed on its book series trademark, "Women Who Dare," pursuant to 15 U.S.C. 1114(1) and 1125(a). Sourcebooks moves to dismiss Pomegranate's Complaint, asserting Sourcebooks' use of...
OPINION AND ORDER STACIE F. BECKERMAN , Magistrate Judge . Plaintiff Sage Redwind ("Redwind"), appearing as a self-represented litigant, filed this action against her former employer, Western Union, LLC ("Western Union"), alleging claims for discrimination and retaliation in violation of Title VII of the Civil Rights Act of 1964. Redwind filed an amended complaint on July 23, 2019, and Western Union filed its answer on August 5, 2019. Pending before the Court is Redwind's Motion to Compel...
OPINION AND ORDER APPROVING IN PART SETTLEMENT, ATTORNEY'S FEES, EXPENSES, AND SERVICE AWARDS MICHAEL H. SIMON , District Judge . This matter comes before the Court on Plaintiffs' unopposed motion for final approval of class settlement ("Final Approval Motion") and Plaintiffs' counsel's motion for attorney's fees, costs, and a service award for each class representative, submitted as part of Plaintiffs' Final Approval Motion. 1 ECF 148. The Court held an initial final approval hearing on...
ORDER MICHAEL H. SIMON , District Judge . Attorney fees in the amount of $4,703.60 are hereby awarded to Plaintiff pursuant to the Equal Access To Justice Act, 28 U.S.C. 2412(d), and costs in the amount of $400.00 are awarded pursuant to 28 U.S.C. 1920. Subject to any offset allowed under the Treasury Offset Program, payment of this award shall be made via check sent to Tim Wilborn's address: P.O. Box 370578, Las Vegas, NV 89137. In accordance with the fee assignment which Plaintiff...
OPINION AND ORDER YOULEE YIM YOU , Magistrate Judge . Plaintiff Crystal B. seeks judicial review of the final decision by the Commissioner of Social Security ("Commissioner") denying her applications for Disability Insurance Benefits ("DIB") under Title II of the Social Security Act ("Act"), 42 U.S.C. 401-433, and Supplemental Security Income ("SSI") under Title XVI of the Act, 42 U.S.C. 1381-1383f. This court has jurisdiction to review the Commissioner's final decision pursuant to...
OPINION AND ORDER MICHAEL W. MOSMAN , District Judge . Plaintiff ("Mr. Ibarra") filed his Complaint [ECF 1] on June 4, 2019. Defendants Chad Drew and Cory Sweet filed a Motion to Dismiss for Untimely Service [ECF 12] on September 30, 2019. For reasons discussed below, I GRANT Defendants' motion. DISCUSSION Federal Rule of Civil Procedure 4(m) provides that "[i]f a defendant is not served within 90 days after the complaint is filed, the court-on motion or on its own after notice to the...
ORDER ANN L. AIKEN , District Judge . It is hereby ORDERED that attorney fees in the amount of $5,613.96 shall be awarded to Plaintiff pursuant to the Equal Access to Justice Act, 28 U.S.C. 2412. Attorney fees will be paid to Plaintiffs attorney, dependent upon verification that Plaintiff has no debt which qualifies for offset against the awarded fees, pursuant to the Treasury Offset Program as discussed in Astrue v. Ratliff, 130 S.Ct. 2521 (2010). If Plaintiff has no such debt,...
ORDER FOR ATTORNEY FEES UNDER 42 U.S.C. 406(b) ANN L. AIKEN , District Judge . The court finds and orders an attorney fee of $5,518.19 pursuant to 42 U.S.C. 406(b). Such funds shall be paid to Schneider, Kerr & Robichaux, PO Box 14490, Portland, OR 97293.
OPINION AND ORDER MICHAEL W. MOSMAN , District Judge . On December 19, 2012, Defendant ("Mr. Bustos") pled guilty and was sentenced to 180 months in prison for one count of Conspiracy to Distribute and Possess with Intent to Distribute Methamphetamine. J. & Commitment [ECF 136] at 1-2. He filed a Motion to Reduce Sentence on March 4, 2019. [ECF 157]. Mr. Bustos's motion originally made two requests of this court: (1) a hearing for supplemental findings on the drug quantity underlying his...
ORDER FOR EAJA FEES JOLIE A. RUSSO , Magistrate Judge . Based upon the Stipulation of the parties, the Equal Access to Justice Act (EAJA), 28 U.S.C. 2412, and 28 U.S.C. 1920, it is hereby ordered that EAJA attorney's fees of $7,620.48 and costs in the amount of $400.00, for a total of $8,020.48, shall be awarded to Plaintiff pursuant to Astrue v. Ratliff, 560 U.S. 586 (2010). If it is determined that Plaintiff's EAJA fees and costs are not subject to any offset allowed under the...
ORDER MARCO A. HERN NDEZ , District Judge . Magistrate Judge Acosta issued a Findings and Recommendation on September 16, 2019, in which he recommends that the Court reverse and remand the Commissioner's decision for further administrative proceedings. The Commissioner timely filed objections to the Findings and Recommendation. The matter is now before the Court pursuant to 28 U.S.C. 636(b)(1) and Federal Rule of Civil Procedure 72(b). When any party objects to any portion of the...
TEMPORARY RESTRAINING ORDER MICHAEL H. SIMON , District Judge . Plaintiff Phoseon Technology, Inc. ("Phoseon" or "Plaintiff") brings this lawsuit against Defendant Ms. Jennifer Heathcote ("Heathcote" or "Defendant"). Pending before the Court is Plaintiff's motion for a temporary restraining order ("TRO"), seeking to enjoin Defendant from: (a) working or performing any services for or on behalf of either GEW (EC) Ltd. or its United States subsidiary GEW, Inc. (collectively, "GEW"); (b)...
ORDER MARCO A. HERN NDEZ , District Judge . Plaintiff brought this action seeking review of the Commissioner's final decision to deny Supplemental Security Income, Disability Insurance Benefits, and Widow's Insurance Benefits. Based on the parties' stipulation, the Court ordered the Commissioner's decision reversed and remanded for further proceedings. Judgment was entered on August 8, 2018. Plaintiff now seeks an award of fees pursuant to 42 U.S.C. 406(b). Defendant has no objection to...
FINDINGS AND RECOMMENDATION JOHN V. ACOSTA , Magistrate Judge . Introduction Plaintiff Premier Automation Contractors, Inc. ("Premier") brings this lawsuit against Defendant Everest National Insurance Company ("Everest"), alleging Everest refused to honor the terms of a workers' compensation insurance policy after the work-related death of a Premier employee in the State of Oregon. Before the court is Premier's Second Motion for Leave to Amend Complaint ("Motion"). (ECF No. 25.) For the...
ORDER MARCO A. HERNANDEZ , District Judge . Magistrate Judge Acosta issued a Findings and Recommendation (#30) on December 3, 2019, in which he recommends that this Court grant Plaintiff's motion for leave to amend. The matter is now before me pursuant to 28 U.S.C. 636(b)(1)(B) and Federal Rule of Civil Procedure 72(b). Because no objections to the Magistrate Judge's Findings and Recommendation were timely filed, I am relieved of my obligation to review the record de novo. United...
ORDER MARCO A. HERNANDEZ , District Judge . Magistrate Judge Russo issued a Findings & Recommendation (#63) on October 17, 2019, in which she recommends the Court grant Defendant's motion to compel arbitration on an individual basis. Plaintiff has timely filed objections to the Findings & Recommendation. The matter is now before me pursuant to 28 U.S.C. 636(b)(1) and Federal Rule of Civil Procedure 72(b). When any party objects to any portion of the Magistrate Judge's Findings &...
ORDER MARCO A. HERN NDEZ , District Judge . Magistrate Judge Russo issued a Findings and Recommendation [79] on October 23, 2019, in which she recommends that the Court deny Petitioner's Petition for Writ of Habeas Corpus. Petitioner timely filed objections to the Findings and Recommendation. The matter is now before the Court pursuant to 28 U.S.C. 636(b)(1) and Federal Rule of Civil Procedure 72(b). When any party objects to any portion of the Magistrate Judge's Findings and...
ORDER MICHAEL H. SIMON , District Judge . United States Magistrate Judge Stacie Beckerman issued Findings and Recommendations in this case on September 13, 2019. ECF 82. Judge Beckerman recommended that summary judgment be granted in favor of Defendants on all claims. The Court adopts Judge Beckerman's Findings and Recommendations. Under the Federal Magistrates Act ("Act"), the Court may "accept, reject, or modify, in whole or in part, the findings or recommendations made by the...
ORDER FOR EAJA FEES STACIE F. BECKERMAN , Magistrate Judge . Based upon the Stipulation of the parties, the Equal Access to Justice Act (EAJA), 28 U.S.C. 2412, and 28 U.S.C. 1920, it is hereby ordered that EAJA attorney's fees of $6,384.24 and costs in the amount of $400.00, for a total of $7234.24, shall be awarded to Plaintiff pursuant to Astrue v. Ratliff, 560 U.S. 586 (2010). If it is determined that Plaintiff's EAJA fees and costs are not subject to any offset allowed under...
