OPINION AND ORDER WILLIAM E. SMITH, District Judge. This cross-appeal from the Bankruptcy Court's Decision and Order begins the end of the protracted, litigious relationship of the parties concerning an area of Goat Island, on a portion of Goat Island South Condominium, known as the "Reserved Area" in Newport, Rhode Island. The Appellants/Cross-Appellees are Goat Island South Condominium Association, America Condominium Association, Capella South Condominium Association, and Harbor Houses...
MEMORANDUM AND ORDER MARY M. LISI, Chief Judge. This matter is before the Court on Plaintiffs' objection and Defendant's partial objection to a Report and Recommendation issued by United States Magistrate Judge Lincoln D. Almond. Magistrate Judge Almond recommended that Defendant's motion for summary judgment be granted. For the reasons set forth below, this Court adopts the recommendation of the Magistrate Judge. I. Standard of Review Upon the filing of specific written objections, the...
OPINION AND ORDER WILLIAM E. SMITH, District Judge. I. Facts 1 In 1999, Evan Ardente, the Plaintiff in this case, purchased a 1997 580 Super Sun Sport Sea Ray yacht (the "Yacht") from its original owner. During the period of time relevant to this suit, the Yacht was insured by the Defendant, Standard Fire Insurance Company ("Standard"). The insurance policy covers, among other things, "accidental direct physical loss or damage caused by an occurrence" to the Yacht and auxiliary equipment....
MEMORANDUM AND ORDER JOHN J. McCONNELL, JR., District Judge. Before the Court is Defendant CVS Pharmacy, Inc.'s Motion to Dismiss Plaintiff David Woodford's Amended Complaint ("CVS's" "Motion to Dismiss") for failure to state a claim upon which relief can be granted pursuant to Fed.R.Civ.P. 12(b)(6). (ECF No. 15.) Mr. Woodford objected (ECF No. 16) to CVS's Motion to Dismiss, and CVS filed a reply memorandum. (ECF No. 17.) After review of the relevant pleadings, the Court DENIES CVS's Motion...
ORDER WILLIAM E. SMITH, District Judge. Plaintiff Irene Cappalli filed this putative class action against Defendant BJ's Wholesale Club, Inc. ("BJ's"), alleging breach of contract and, in the alternative, an equitable claim of money had and received. I. Facts The following facts are undisputed unless otherwise noted. BJ's is a corporation that owns and operates warehouse club stores. BJ's offers twelve-month memberships for a fee. 1 In exchange for payment of the membership fee, members...
DECISION AND ORDER MARY M. LISI, Chief Judge. This litigation arose from a hotel construction and renovation project (the "Project") in Providence, Rhode Island. The case was originally filed in this Court by a subcontractor on the Project, Allstate Interiors & Exteriors, Inc., ("Allstate"), against general contractor Stonestreet Construction, LLC ("Stonestreet") for "an outstanding balance due and owing" in connection with a subcontract between Allstate and Stonestreet. Allstate Complaint...
MEMORANDUM AND ORDER MARY M. LISI, Chief Judge. The United States of America ("Government"), on behalf of the United States Department of Housing and Urban Development ("HUD"), has filed a six-count complaint against Defendants alleging equity skimming in violation of 12 U.S.C. 1715z-4a. The matter is now before the Court on the Government's motion for summary judgment against Defendants Antonio L. Giordano ("Giordano"), John Montecalvo ("Montecalvo"), and Coventry Health Center Associates...
MEMORANDUM AND ORDER WILLIAM E. SMITH, District Judge. Before the Court is the government's motion to disqualify Anthony Traini, Esq. from serving as Defendant Joseph Caramadre's co-counsel based on a purported conflict of interest. For the reasons articulated below, the government's motion is denied. 1 I. Background 2 Defendant Caramadre has been charged with sixty-six counts, including wire fraud, mail fraud, conspiracy, identity fraud, aggravated identity theft, money laundering, and...
FINDINGS OF FACT AND CONCLUSIONS OF LAW WILLIAM E. SMITH, District Judge. In the wake of Mark Jackson's death while in police custody, Plaintiff Karen Petro, as Administratrix of Mark Jackson's Estate, brought this action against the Town of West Warwick (the "Town") and West Warwick Police Officers Patrick Kelley, Sean Lukowicz, and Scott Thornton, individually and in their representative capacities (collectively, the "Defendants"). The Complaint alleges claims against Officers Kelley,...
ORDER AND MEMORANDUM MARY M. LISI, Chief Judge. The Plaintiff in this case, Zachariah Sheehan ("Sheehan"), seeks damages for an alleged violation of Rhode Island General Laws 28-6.5-1 ("Urine and Blood Tests as a Condition of Employment") by his employer, Broadband Access Services, Inc. ("Broadband"). The matter is before the Court on Sheehan's motion to remand the case to the Rhode Island Superior Court. Broadband opposes the motion on the ground that Sheehan's claim is preempted by the...
OPINION AND ORDER WILLIAM E. SMITH, District Judge. Defendant Abdulfatah Oladosu was indicted on one count of possession of, and one count of conspiracy to possess, one hundred grams or more of heroin with intent to distribute, in violation of 21 U.S.C. 841(a)(1) & (b)(1)(B) and 846, and 18 U.S.C. 2. (ECF No. 8.) Before the Court is Defendant Oladosu's January 21, 2011 motion to suppress all evidence obtained by virtue of the warrantless utilization of a Global Position System...
REPORT AND RECOMMENDATION LINCOLN D. ALMOND, Magistrate Judge This matter is before the Court for judicial review of a final decision of the Commissioner of the Social Security Administration ("Commissioner") denying Supplemental Security Income ("SSI") under the Social Security Act (the "Act"), 42 U.S.C. 405(g). Plaintiff filed her Complaint on November 2, 2011 seeking to reverse the decision of the Commissioner. On May 30, 2012, Plaintiff filed a Motion to Reverse Without or,...
REPORT AND RECOMMENDATION DAVID L. MARTIN, Magistrate Judge. Before the Court is the State of Rhode Island's Motion to Dismiss "Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. 2241, 2243, and 2254 (Docket ("Dkt.") #5) ("Motion to Dismiss" or "Motion"). The Motion seeks dismissal of the Application for a Writ of Habeas Corpus (Dkt. #1) ("Petition") filed by Frederick M. Heon, Jr. ("Heon" or "Petitioner"). The basis for the Motion is that Heon has failed to exhaust his state court...
ORDER WILLIAM E. SMITH, District Judge. Before the Court is Defendants' motion to dismiss Plaintiff's complaint for lack of subject matter jurisdiction or in the alternative for abstention under Colorado River Water Conservation Dist. v. United States , 424 U.S. 800 (1976). (ECF No. 63.) For the reasons set forth in this order, the motion is denied in part and granted in part. Defendants first argue that dismissal is warranted under Federal Rule of Civil Procedure 19(b) because Plaintiff...
OPINION AND ORDER WILLIAM E. SMITH, District Judge. Before the Court is Defendant Raymour Radhakrishnan's motion to sever his trial from that of his co-Defendant, Joseph Caramadre. For the reasons set forth below, the motion is denied. I. Background On November 17, 2011, in a sixty-six count indictment, Defendants Caramadre and Radhakrishnan were charged with wire fraud, mail fraud, conspiracy, identity fraud, aggravated identity theft, and money laundering. Caramadre was also charged with...
MEMORANDUM AND ORDER MARY M. LISI, Chief District Judge. Eric Snead has filed a motion to vacate, set aside or correct sentence pursuant to 28 U.S.C. 2255. He has also filed a motion to amend his motion to vacate, and an accompanying request for an evidentiary hearing. For the reasons that follow, all of these motions are DENIED. FACTUAL BACKGROUND AND TRAVEL A. Offense Facts 1 The facts that were recited by the Government at Petitioner's change of plea hearing, and which formed the...
ORDER WILLIAM E. SMITH, District Judge. Before the Court is the government's motion to disqualify Anthony Traini, Esq. from serving as Defendant Joseph Caramadre's attorney in the above-captioned matter based on a conflict of interest due to Mr. Traini's representation of Edward Maggiacomo, Jr. Having considered the arguments of the parties, in camera review of documents submitted by defense counsel, and the sworn answers to the Court's questions of both Defendant Caramadre and Mr....
MEMORANDUM AND ORDER MARY M. LISI, Chief District Judge. This is the third effort by Louis Paolino and Marie Issa (together, the "Plaintiffs") to bring a citizen suit under the CWA. The Plaintiffs seek damages for alleged contamination from an abutting former dump site onto the Plaintiffs' property. The contaminated property (the "Property"), located on Curran Road in the Town of Cumberland, Rhode Island, comprises 39 acres and contains approximately 2,000 automobiles in various stages of...
MEMORANDUM AND ORDER WILLIAM E. SMITH, District Judge. Marcus Denson has filed a motion to vacate, set aside, or correct sentence pursuant to 28 U.S.C. 2255 (ECF No. 44) in the above matter. For the reasons that follow, the motion is denied. I. Background and Travel Denson pled guilty to one count of knowingly and intentionally possessing with the intent to distribute five grams or more of a mixture and substance containing a detectable amount of cocaine base, a Schedule II Controlled...
MEMORANDUM AND ORDER MARY M. LISI, Chief District Judge. This matter is before the Court on Defendant's "Motion to Remand" to the Rhode Island Superior Court. Upon review, however, it is clear that the relief Defendant seeks is vacation of his conviction and sentence in CR 95-075-01 ML. This Court denied Defendant's petition filed pursuant to 28 U.S.C. 2255, and that ruling was affirmed by the Court of Appeals in 2003. See Sepulveda v. U.S. , 330 F.3d 55 (1 st Cir. 2003). While...
