MEMORANDUM AND ORDER JOHN J. McCONNELL, JR. , District Judge . Plaintiff Lee Ferguson, Jr., brings this action under 42 U.S.C. 405(g) to review a final decision of the Social Security Commissioner (the "Commissioner") finding that he was not disabled. 1 The Commissioner issued a final decision, in accordance with the ruling of an Administrative Law Judge ("ALJ"), denying Mr. Ferguson's claim for Disability Income Benefits ("DIB") under Title II of the Social Security Act. Mr. Ferguson...
REPORT AND RECOMMENDATION LINCOLN D. ALMOND, Magistrate Judge. Plaintiff filed this Social Security appeal on November 6, 2014 accompanied by a Motion to Proceed In Forma Pauperis ("IFP") and be excused from payment of the $400.00 civil case filing fee. (Document No. 2). Plaintiff's IFP Application was supported by a Financial Affidavit and Addendum. On December 3, 2014, Plaintiff was ordered to submit a more detailed Financial Affidavit to allow the Court to determine if she was...
MEMORANDUM AND ORDER JOHN J. McCONNELL, Jr. , District Judge . Lifespan filed this lawsuit to obtain a declaratory judgment and monetary damages from the two defendant insurance companies, National Union Fire Insurance Company of Pittsburgh, Pennsylvania and RLI Insurance Company. Lifespan seeks coverage under its policies with National Union and RLI in connection with a $29,605,282.93 amended judgment issued against it at the conclusion of litigation between Lifespan, New England Medical...
MEMORANDUM AND ORDER MARY M. LISI, District Judge. This matter is before the Court on Plaintiff's, Clark Capital Management ("Plaintiff"), motion to dismiss Defendant's, Navigator Investments, LLC ("Defendant"), counterclaim pursuant to Fed. R. Civ. P. 12(b)(6). I. Background Plaintiff brings this action against Defendant, alleging, among other things, that Defendant, through its use of the designation "NAVIGATOR INVESTMENTS," infringed upon Plaintiff's rights in its "NAVIGATOR" family...
MEMORANDUM AND ORDER MARY M. LISI, Chief District Judge. This matter is before the Court on the Report and Recommendation issued by Magistrate Judge Almond on November 18, 2014 (Docket #12). No objection has been filed and the time for doing so has passed. Accordingly, the Court adopts the Report and Recommendation in its entirety. The Commissioner's Motion for an Order Affirming the Decision of the Commissioner (Docket #11) is DENIED and the Plaintiff's Motion to Reverse with a Remand for a...
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 Social Security Disability Insurance ("SSDI") and Disability Insurance Benefits ("DIB") under the Social Security Act (the "Act"), 42 U.S.C. 405(g). Plaintiff filed his Complaint on January 17, 2014 seeking to reverse the decision of the Commissioner. On August 29, 2014,...
MEMORANDUM AND ORDER MARY M. LISI, District Judge. Petitioner Shelton Smalls ("Smalls"), proceeding pro se, has filed a motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. 2255, alleging that (1) his Sixth Amendment Rights were violated because the indictment in his case failed to charge specific drug weights; (2) his trial counsel was ineffective because he failed to file a motion to suppress evidence related to firearms seized at Smalls' residence; (3) his...
ORDER MARY M. LISI, District Judge. This matter is before the Court on the Report and Recommendation issued by Magistrate Judge Sullivan on November 7, 2014. No objection has been filed and the time for doing so has passed. The Court adopts the Report and Recommendation. The Relators' Motion to Dismiss Counterclaims is GRANTED. SO ORDERED.
MEMORANDUM AND ORDER MARY M. LISI, District Judge. Petitioner Wayne Simon ("Simon"), proceeding pro se, has filed a motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. 2255, alleging that his Sixth Amendment Rights were violated when his sentence was enhanced by six levels pursuant to U.S.S.G. 3A1.2(c)(1) for assaulting a police officer "in a manner creating a substantial risk of serious bodily injury." For the reasons stated below, Simon's motion is denied. I....
REPORT AND RECOMMENDATION PATRICIA A. SULLIVAN, Magistrate Judge. In 2006, Relators Rekha Vasudeva and Karan Vasudeva ("Relators") brought this whistleblower qui tam suit under the False Claims Act ("FCA") alleging a criminal scheme of billing the United States Navy for work not performed and sharing the proceeds of the scheme among the individuals and entities participating in the conspiracy. The Relators cooperated with the governmental investigation triggered by their claim, which led to...
MEMORANDUM AND ORDER MARY M. LISI, District Judge. This matter is before the Court on several post-conviction motions filed by Defendant, George Sepulveda ("Defendant"): (1) "motion for ineffective assistance of counsel and post conviction for rehabilitation, pursuant to 3553[,]" Docket #1156 (capitals omitted); (2) "motion to amend in light of Alleyne v. United States [,]" Docket #1160 (capitals omitted); (3) "motion to re-open motion 2255 in light of Alleyne v. United States [,]" Docket #...
MEMORANDUM AND ORDER MARY M. LISI, District Judge. This matter is before the Court on a post-conviction motion for a "[w]rit of [d]eliverance. . . from USP Atlanta [,] Georgia" filed by Defendant, Terrence Boyd ("Defendant"). Docket #1168. For the reasons stated herein, the motion is denied. Analysis In 1997, Defendant was convicted of committing a violent crime, murder, in aid of racketeering, in violation of 18 U.S.C. 1959(a)(1) and 18 U.S.C. 2. See Boyd v. United States, No. C.A....
MEMORANDUM OF DECISION MARY M. LISI, District Judge. This case, a citizen enforcement action under the Clean Water Act ("CWA"), 33 U.S.C. 1251 et seq. (1972), is the culmination of a longstanding and bitter dispute between neighbors. The plaintiffs, Louis Paolino ("Paolino") and his wife, Marie Issa ("Issa", together with Paolino, the "Plaintiffs"), own a parcel of property (the "Paolino Property") which abuts a 39-acre site (the "Property") in Cumberland, Rhode Island, that is owned by...
ORDER RONALD R. LAGUEUX, Senior District Judge. No objection having been filed, the Report and Recommendation issued by Magistrate Judge Patricia A. Sullivan, on October 20, 2014, in the above-captioned matter is accepted and adopted pursuant to Title 28 United States Code 636(b)(1). The Plaintiff's Motion to Reverse the Decision of the Commissioner is denied, and Defendant's Motion to Affirm the Decision of the Commissioner is granted. It is so ordered.
REPORT AND RECOMMENDATION PATRICIA A. SULLIVAN, Magistrate Judge. A refugee who fled war-torn Cambodia when she was twenty-two, Plaintiff Ann Phan claims that she has been disabled since May 2007 because of major depressive disorder, post-traumatic stress disorder ("PTSD"), an anxiety disorder, a pain syndrome, carpal tunnel syndrome, De Quervain's syndrome and right shoulder tendinitis. 1 She is before this Court on her Motion for reversal of the decision of the Commissioner of Social...
MEMORANDUM AND ORDER WILLIAM E. SMITH, Chief District Judge. Defendants, New England Container Co. and the United States Department of the Air Force (collectively, "Defendants"), have filed motions in limine, seeking exclusion of a statement executed by Thomas Cleary ("Cleary Statement") on the ground that it is inadmissible hearsay. (ECF Nos. 452, 459.) 1 In opposition, Plaintiff, Emhart Industries, Inc., and Third-Party Defendant and Counterclaim Plaintiff, Black & Decker, Inc. (...
MEMORANDUM AND ORDER WILLIAM E. SMITH, Chief Judge. Defendant, SMM New England, Inc. ("SMM"), moves to strike George J. Geisser, III ("Geisser"), the designated expert of Plaintiff, Providence Piers, LLC, because his expert report is inadequate under Fed. R. Civ. P. 26(a)(2)(B) and his methodology is unreliable under Fed. R. Evid. 702. (Def.'s Mot., ECF No. 91.) Although Plaintiff has undeniably failed to comply with the dictates of Rule 26(a)(2)(B) and this failure is inexcusable, this...
OPINION AND ORDER WILLIAM E. SMITH , Chief Judge . Defendant Brunswick Corporation ("Defendant") moves to dismiss Plaintiff Evan Ardente's ("Plaintiff") Complaint for failure to state a claim upon which relief may be granted. ( See Def.'s Mot. Dismiss ("Def.'s Mot."), ECF No. 10.) Defendant argues that admiralty law applies and precludes Plaintiff's claims. For the reasons that follow, the motion is DENIED. I. Background 1 In 1999, Plaintiff purchased a 1997 580 Super Sun Sport Sea...
ORDER MARY M. LISI, District Judge. This matter is before the Court on Plaintiff's Objection to a Report and Recommendation issued by Magistrate Judge Almond on October 14, 2014 (Docket #14). Magistrate Judge Almond recommends that Plaintiff's Motion to Reverse be denied, and, because there is substantial evidence in the record to support the Commissioner's decision and finding that Plaintiff is not disabled, that the Commissioner's Motion for an Order Affirming the Decision of the...
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 Social Security Disability Insurance ("SSDI") and Disability Insurance Benefits ("DIB") under the Social Security Act (the "Act"), 42 U.S.C. 405(g). Plaintiff filed his Complaint on October 23, 2013 seeking to reverse the decision of the Commissioner. On May 30, 2014,...
