ORDER John J. McConnell, Jr. , United States District Judge . Days before her Social Security disability hearing, claimant Brenda Lois Howe's counsel sent the Administrative Law Judge Martha Bower a medical record that he did not submit with all of the other records due to a clerical error. The ALJ, without explanation or comment, refused to accept the medical record because it was not submitted five days prior to the hearing in violation of the "Five Day Rule." See 20 C.F.R. 405.331(...
REPORT AND RECOMMENDATION PATRICIA A. SULLIVAN , Magistrate Judge . Before the Court for report and recommendation in these consolidated cases are Plaintiff Devon Letourneau's Rule 54(c) Demand for Judgment and Plaintiff Robert Vangel's Motion in Response To Defendant's Motion to Stay. ECF Nos. 53, 56 1 ; see 28 U.S.C. 636(b)(1)(B). Both motions seek some form of dispositive relief Mr. Vangel asks the Court to enter "judgment as a matter of law" based on "alarming evidence that is...
MEMORANDUM AND ORDER LINCOLN D. ALMOND , Magistrate Judge . On September 23, 2015, Defendant appeared before the Court for his Initial Appearance on a Criminal Complaint. He was released on bond and given several continuances to allow him to retain defense counsel. Ultimately, Defendant's efforts were unsuccessful, as he was apparently unable to make the necessary financial arrangement to retain defense counsel for a case of this complexity. Defendant then requested Court-appointment...
ORDER RONALD R. LAGUEUX , Senior District Judge . There being no objection to the Report and Recommendation of Magistrate Judge Patricia A. Sullivan, dated October 29, 2015, (and docketed as Document No. 20), the Report and Recommendation hereby is accepted and adopted pursuant to 28 U.S.C. 636(b)(1)(B). Therefore, PLAINTIFF is hereby ORDERED to file an Amended Complaint within 30 days of this Order stating a claim against Nurse Piccirillo. If an Amended Complaint is not timely filed,...
ORDER WILLIAM E. SMITH , Chief District Judge . On November 16, 2015, United States Magistrate Judge Patricia A. Sullivan issued a Report and Recommendation ("R&R") in the above-captioned matter. (ECF No. 184 (No. 09-470); ECF No. 200 (No. 09-471); ECF No. 205 (No. 09-472); ECF No. 227 (No. 09-473); ECF No. 175 (No. 09-502); ECF No. 163 (No. 09-549); ECF No. 157 (No. 09-564).) Magistrate Judge Sullivan recommended that the Court grant Plaintiff's Motion to File Consolidated Complaint and...
ORDER RONALD R. LAGUEUX , Senior District Judge . There being no objection to the Report and Recommendation of Magistrate Judge Lincoln D. Almond, dated November 13, 2015, the Report and Recommendation hereby is accepted and adopted pursuant to 28 U.S.C. 636(b)(1)(B). Therefore, this case is DISMISSED with prejudice.
MEMORANDUM & ORDER JOHN J. McCONNELL, JR. , District Judge . This case is before the Court on Defendants' Motions to Dismiss the consolidated lawsuits brought by two sets of plaintiffs against their current and former employers, alleging violations of the Federal Labor Standards Act (FLSA) and the Rhode Island Minimum Wage Act (RIMWA). (ECF Nos. 12, 13). After reviewing the pleadings and the relevant substantive and procedural law, Defendants' Motions to Dismiss are GRANTED without...
MEMORANDUM AND ORDER MARY M. LISI , Senior District Judge . The plaintiff in this bond insurance coverage case, Scott Jensen ("Jensen"), in his capacity as Director of the Rhode Island Department of Labor and Training ("DLT"), brought a claim against North River Insurance Company ("North River") in connection with a workers compensation bond (the "Bond") issued by North River to Landmark Health Systems, Inc. ("Landmark"). The matter is before the Court on North River's motion for summary...
ORDER WILLIAM E. SMITH , Chief Judge . Appellants, Goat Island South Condominium Association, Inc. ("GIS") and Capella South Condominium Association, Inc. ("Capella" and, collectively with GIS, the "Associations"), have timely moved to alter or amend the judgment entered on June 11, 2015. (ECF No. 35.) For the reasons that follow, the Associations' motion is granted in part and denied in part. Specifically, this Court grants the Associations' motion with respect to the sewer repair claim;...
ORDER WILLIAM E. SMITH , Chief District Judge . Before the Court is Defendants' Motion for Judgment on the Pleadings ("Def.s' Mot.") (ECF No. 2). Plaintiff has not filed an opposition, and the time for doing so has passed. For the reasons that follow, the Court hereby GRANTS Defendants' motion. Plaintiff's Complaint alleges violations of the Fair Debt Collections Practices Act, 15 U.S.C. 1692, et seq. ("FDCPA") based on Defendants' filing of an entry of appearance and an answer to a...
ORDER WILLIAM E. SMITH , Chief Judge . On June 30, 2015, United States Magistrate Judge Lincoln D. Almond issued a Report and Recommendation ("R&R") in the above-captioned matter (ECF No. 37) recommending that Defendant Warwick School Committee's ("Warwick") Motion to Dismiss the Claims of K.S. for Mootness ("Def.'s Mot.") (ECF No. 25) be GRANTED. Plaintiff K.S. filed an objection to the R&R ("Pl.'s Obj.") (ECF No. 39), and Warwick filed a response ("Def.'s Resp.") (ECF No. 43). Because...
ORDER WILLIAM E. SMITH , Chief Judge . On June 2, 2015, Magistrate Judge Lincoln D. Almond issued a Report and Recommendation ("R&R") in the above-captioned matter (ECF No. 230) recommending that Plaintiff's Motion for Summary Judgment (ECF No. 157) be denied; that Defendants City of Cranston and Officers Bagshaw, Weller, and Carroll's (collectively, the "Cranston Defendants") Motion for Summary Judgment as to Counts I, II, and V (ECF No. 174) be granted; that Defendants City of Warwick...
MEMORANDUM AND ORDER LINCOLN D. ALMOND , Magistrate Judge . Pending before me for determination (28 U.S.C. 636(b)(1)(A)) is Plaintiffs' Motion to Compel Production of the Complete Custodial File of Jennifer Vasilchek. (Document No. 4967). Defendants oppose the Motion. (Document No. 4978). The Motion was heard on November 18, 2015. For the following reasons, Plaintiffs' Motion is DENIED. On December 4, 2014, District Judge Mary M. Lisi denied Plaintiffs' Motion to Remand this matter for...
ORDER CERTIFYING A CLASS, PRELIMINARILY APPROVING SETTLEMENT, AND PROVIDING FOR NOTICE JOSEPH N. LAPLANTE , District Judge . WHEREAS, an action is pending before this Court entitled Richard Medoff v. CVS Caremark Corporation, et al., No. 1:09-cv-00554-JNL-PAS (D.R.I.) (the "Litigation"); WHEREAS, the parties having made application, pursuant to Federal Rule of Civil Procedure 23(e), for an order preliminarily approving the Settlement of this Litigation, in accordance with a Stipulation...
OPINION AND ORDER WILLIAM E. SMITH , Chief District Judge . Before the Court is Defendant Buck Consultants, LLC's ("Buck") Motion for Summary Judgment (ECF No. 103) ("Buck's Motion" or "Def.'s Mot."). The City of Providence (the "City") filed an opposition (ECF No. 108-1) ("Pl.'s Opp'n"), and Buck filed a Reply (ECF No. 115-2) ("Def.'s Reply"). The Court conducted a hearing on July 21, 2015, and both the City and Buck submitted post-hearing memoranda (ECF Nos. 134 and 137, respectively)....
MEMORANDUM AND ORDER RONALD R. LAGUEUX , Senior District Judge . This matter is before the Court on Defendant American Alternative Insurance Corporation's Motion for Summary Judgment on Count I of the Complaint filed by Plaintiff Mark Pfeiffer, in his capacity as Receiver of the Central Coventry Fire District ("the Receiver"). By prior agreement of the parties, Count II has been dismissed without prejudice. Count III, which alleges that Defendant acted in bad faith when it refused to pay...
MEMORANDUM AND ORDER JOHN J. McCONNELL, JR. , District Judge . Judy B. Colman and her daughter, Hadley Colman, brought this action 1 claiming civil rights violations, all stemming from what Ms. Colman contends was the gender discrimination-motivated failure to hire her as the head coach for the girls' lacrosse team at Portsmouth High School (PHS), She maintains that the Town of Portsmouth and the individual Defendants, all official actors of the Town, 2 intentionally discriminated...
ORDER WILLIAM E. SMITH , Chief District Judge . On April 22, 2015, United States Magistrate Judge Lincoln D. Almond issued a Report and Recommendation ("R&R") in the above-captioned matter (ECF No. 13) recommending that the Commissioner's Motion for an Order Affirming the Decision of the Commissioner (ECF No. 12) ("Def.'s Mot.") be DENIED; that Plaintiff's Motion to Reverse Without or, Alternatively, With Remand for a Rehearing the Commissioner's Final Decision (ECF No. 10) ("Pl.'s Mot.")...
ORDER WILLIAM E. SMITH , Chief District Judge . On September 8, 2015, United States Magistrate Judge Patricia A. Sullivan issued a Report and Recommendation ("R&R") in the above-captioned matter. (ECF No. 15.) Judge Sullivan recommended that Defendant CRC Insurance, Inc.'s Motion to Dismiss (ECF No. 5) be denied. 1 No objections to the R&R were filed, and the time for doing so has passed. Accordingly, the Court hereby accepts the R&R pursuant to 28 U.S.C. 636(b)(1). The R&R is ADOPTED,...
MEMORANDUM AND ORDER WILLIAM E. SMITH , Chief Judge . Pending before the Court is Defendant and Counterclaim Plaintiff Jackson National Life Insurance Company's ("Jackson") Motion for Discharge from Liability and for Additional Interpleader Relief. (ECF No. 22.) Jackson moves the Court to dismiss it from this action with prejudice, discharge it from liability pursuant to 28 U.S.C. 2361, and grant it reasonable attorney's fees and costs. ( Id. ) Plaintiff and Counterclaim Defendant...
