REPORT AND RECOMMENDATION JOHN L. WEINBERG, Magistrate Judge. BASIC DATA Type of benefits sought: (X) Supplemental Security Income — Disability (X) Disability Insurance Plaintiff's: Sex: Male Age: 49 at application, 50 at ALJ hearing Principal Disabilities Alleged by Plaintiff: tremors, hypertension, depression, anxiety, frozen shoulder, chronic obstructive pulmonary disease Disability Allegedly Began: December 31, 2009 Principal Previous Work Experience: fast food service manager,...
STIPULATED ORDER FOR PERMANENT INJUNCTION AND MONETARY JUDGMENT JAMES L. ROBART, District Judge. Plaintiff, the Federal Trade Commission ("FTC"), filed its Complaint for Permanent Injunction and Other Equitable Relief in this matter, pursuant to Section 13(b) of the Federal Trade Commission Act ("FTC Act"), 15 U.S.C. 53(b). The FTC and Defendant, T-Mobile USA, Inc. ("T-Mobile"), stipulate to the entry of this Stipulated Order for Permanent Injunction and Monetary Judgment ("Order"), without...
DETENTION ORDER MARY ALICE THEILER, Chief Magistrate Judge. Offense charged: Distribution Of Child Pornography; Possession of Child Pornography Date of Detention Hearing: December 24, 2014. The Court, having conducted a detention hearing pursuant to 18 U.S.C. 3142(f), and based upon the factual findings and statement of reasons for detention hereafter set forth, finds that no condition or combination of conditions which defendant can meet will reasonably assure the appearance of...
PRE-TRIAL DIVERSION AGREEMENT ROSANNA MALOUF PETERSON, District Judge. I. PRE-TRIAL DIVERSION AGREEMENT It is alleged by an Indictment filed on February 20, 2014; in Cause Number 14-CR-21-RMP-17 that JERRELYN L. COMSTOCK committed the following offense against the United States in the Eastern District of Washington: Count 2 That beginning on a date unknown, but by no later than on or about July 18, 2012, the exact date being unknown to the Grand Jury, and continuously thereafter up...
ORDER OF CONTEMPT OF DEFENDANTS MAUREEN ELLEN GOODWIN AND TAIRN KELLY GOODWIN MARSHA J. PECHMAN, District Judge. Now before this Court is the Order to Show Cause issued on October 1, 2014. The Court issued the Order to Show Cause based on the Motion for Order to Show Cause filed by the Plaintiffs. After fully considering the information on file, the Court issues the following order holding Defendants, Maureen Ellen Goodwin and Tairn Kelly Goodwin ("the Goodwins"), in contempt of this Court's...
REPORT AND RECOMMENDATION BRIAN A. TSUCHIDA, Magistrate Judge. Plaintiff Sheldon P. McGee's application for Supplemental Security Income ("SSI") benefits was denied because the ALJ concluded that alcoholism is a contributing factor material to the determination of disability. Dkt. 13. Appealing this decision, Mr. McGee contends that the ALJ harmfully misevaluated the following: (1) Mr. McGee's credibility; (2) the medical opinions of treating psychiatrist James Basinski, M.D.; (3) the...
REPORT AND RECOMMENDATION JOHN L. WEINBERG, Magistrate Judge. BASIC DATA Type of benefits sought: (X) Disability Insurance (X) Supplemental Security Income Plaintiff's: Sex: Male Age: 33 at alleged onset date Principal Disabilities Alleged by Plaintiff: Mental health and left knee impairments (AR 44). Disability Allegedly Began: September 11, 2009 Principal Previous Work Experience: Material Handler Last worked: has not worked since alleged onset Education Level Achieved by Plaintiff:...
REPORT AND RECOMMENDATION JOHN L. WEINBERG, Magistrate Judge. BASIC DATA Type of benefits sought: (X) Disability Insurance (X) Supplemental Security Income Plaintiff's: Sex: Male Age: 44 at alleged onset date Principal Disabilities Alleged by Plaintiff: Right shoulder dysfunction with possible rotator cuff tear, possible spinal stenosis, knee joint derangement with occasional locking, status post coronary artery disease, mental health impairments and migraine headaches. Disability...
REPORT AND RECOMMENDATION KAREN L. STROMBOM, Magistrate Judge. This petition for a writ of habeas corpus has been referred to United States Magistrate Judge Karen L. Strombom pursuant to 28 U.S.C. 636(b)(1) and Local MJR 3 and 4. Petitioner is an inmate housed at the Washington State Penitentiary. Petitioner is represented by counsel. He has filed a petition for writ of habeas corpus pursuant to 28 U.S.C. 2254. The parties have filed a motion to dismiss this habeas corpus petition...
STIPULATION FOR DISBURSEMENT OF FUNDS FROM COURT REGISTRY BENJAMIN H. SETTLE, District Judge. Pursuant to LCR 67(b), Illumina and Syntrix hereby stipulate to the disbursement of funds deposited into the court's registry. A principal amount of $33,506,823 has been deposited into the Court's registry pursuant to the Amended Judgment (Dkt. #359). The entire principal balance of $33,506,823 should be disbursed to plaintiff, payable to Nix, Patterson & Roach in Trust for Syntrix Biosystems, Inc,...
REPORT AND RECOMMENDATION ON PLAINTIFF'S COMPLAINT J. RICHARD CREATURA, Magistrate Judge. This matter has been referred to United States Magistrate Judge J. Richard Creatura pursuant to 28 U.S.C. 636(b)(1) and Local Magistrate Judge Rule MJR 4(a)(4), and as authorized by Mathews, Secretary of H.E.W. v. Weber, 423 U.S. 261 , 271-72 (1976). This matter has been fully briefed ( see Dkt. 12, 13, 14). After considering and reviewing the record, the Court concludes that the ALJ failed to...
REPORT AND RECOMMENDATION JOHN L. WEINBERG, Magistrate Judge. BASIC DATA Type of benefits sought: (X) Supplemental Security Income — Disability (X) Disability Insurance Plaintiff: Sex: Female Age: 52 at application, 54 at ALJ hearing Principal Disabilities Alleged by Plaintiff: left leg pain, left hip pain, sciatica, left knee pain, bursitis in both shoulders, compressed disks, periodic depression, dyslexia Disability Allegedly Began: October 1, 2009 Principal Previous Work...
REPORT AND RECOMMENDATION BRIAN A. TSUCHIDA, Magistrate Judge. Sheryl Kalmanoff appeals the denial of her Social Security Income application, seeking remand for an award of benefits. She contends the ALJ erred by (1) improperly discounting the credibility of her statements, (2) erroneously evaluating the opinions of treating physician John Lank, M.D., and examining psychologist Aaron Russell, Psy.D.; and (3) basing his RFC assessment solely on the opinions of non-examining doctors. Dkt. 17....
>REPORT AND RECOMMENDATION JOHN L. WEINBERG, Magistrate Judge. BASIC DATA Type of benefits sought: ( ) Disability Insurance (X) Supplemental Security Income Plaintiff's: Sex: Female Age: 42 at amended onset date Principal Disabilities Alleged by Plaintiff: degenerative joint disease of left knee; degenerative disc disease, status post laminectomy and microdiscectomy with postlaminectomy syndrome of lumbar region; hammer toe and drop foot of left lower extremity with atrophy of calf;...
REPORT AND RECOMMENDATION JOHN L. WEINBERG, Magistrate Judge. BASIC DATA Type of benefits sought: (X) Supplemental Security Income — Disability (X) Disability Insurance Plaintiff's: Sex: Female Age: 53 at application, 54 at ALJ hearing Principal Disabilities Alleged by Plaintiff: myocardial infarction, heart disease, cardiomyopathy ischemic, hypothyroidism, hyperlipidemia, thyroid disease, gum disease, breathing problems, CAD, anxiety, depression Disability Allegedly Began: October 15,...
REPORT AND RECOMMENDATION ON PLAINTIFF'S COMPLAINT J. RICHARD CREATURA, Magistrate Judge. This matter has been referred to United States Magistrate Judge J. Richard Creatura pursuant to 28 U.S.C. 636(b)(1) and Local Magistrate Judge Rule MJR 4(a)(4), and as authorized by Mathews, Secretary of H.E.W. v. Weber, 423 U.S. 261 , 271-72 (1976). This matter has been fully briefed ( see Dkt. Nos. 18, 19, 20). After considering and reviewing the record, the Court concludes that the ALJ failed...
REPORT AND RECOMMENDATION MARY ALICE THEILER, Chief Magistrate Judge. INTRODUCTION Petitioner, a native and citizen of Mexico and lawful permanent resident of the United States, is detained by U.S. Immigration and Customs Enforcement ("ICE") at the Northwest Detention Center in Tacoma, Washington. Proceeding pro se, he filed the instant habeas corpus petition pursuant to 28 U.S.C. 2241, seeking release from immigration detention or a bond hearing. (Dkt. 1.) Respondent has moved to...
REPORT AND RECOMMENDATION BRIAN A. TSUCHIDA, Magistrate Judge. In this 42 U.S.C. 1983 civil-rights action, Plaintiff Cameron G. Roupe alleges that Defendant Strickland violated his constitutional rights when he unlawfully tased him in the scrotum and that Defendant Veach violated his constitutional right when he stood by and failed to report Defendant Strickland's use of the taser. Dkt. 9. Defendants move for summary judgment. Dkt. 128. The Court recommends GRANTING Defendants summary...
REPORT AND RECOMMENDATON BRIAN A. TSUCHIDA, Magistrate Judge. This is a habeas corpus action pursuant to 28 U.S.C. 2241. Through counsel, the parties have filed a joint stipulated motion to dismiss without prejudice and without an award of costs or fees to any party. Dkt. 14. Based on the parties' stipulation, the Court recommends entering an order (1) granting the joint stipulated motion, Dkt. 14, and (2) dismissing this action without prejudice and without an award of costs or fees to any...
( PROPOSED ) ORDER GRANTING UNOPPOSED MOTION TO CONTINUE SENTENCING RONALD B. LEIGHTON, District Judge. Upon the unopposed motion of the defense to continue the sentencing date in the above-captioned case, the Court finds that such a continuance would serve the ends of justice and judicial economy, therefore, IT IS THEREFORE ORDERED that the sentencing date in this matter be continued to May 8 , 2015, at 10 a.m.