ORDER JAMES L. ROBART , District Judge . Before the court is the parties' joint motion to modify the case schedule. (Joint Mot. (Dkt. # 135).) In light of the parties' anticipated dispute over some unqualified portion of the more than 100,000 documents that Microsoft has designated as privileged, the court adopts parties' proposed schedule up to and including briefing on the pre-class certification privilege log challenges: Friday Microsoft completes production of privilege logs. 12/...
REPORT AND RECOMMENDATION J. RICHARD CREATURA , Magistrate Judge . Petitioner Edwin David Corbett filed a 28 U.S.C. 2254 habeas petition challenging his 2007 conviction of rape of a child in the first degree. Dkt. 10, Exhibit 1. Respondent contends that the petition is barred by the federal statute of limitations. Dkt. 9. Petitioner filed a traverse. Dkt. 11. The Court finds that petitioner's federal habeas corpus petition is untimely because this federal habeas petition was filed more...
REPORT AND RECOMMENDATION RE SOCIAL SECURITY DISABILITY APPEAL MARY ALICE THEILER , Magistrate Judge . Plaintiff Saul Tyson Brown proceeds through counsel in his appeal of a final decision of the Commissioner of the Social Security Administration (Commissioner). The Commissioner denied Plaintiff's applications for Disability Insurance Benefits (DIB) and Supplemental Security Income (SSI) after a hearing before an Administrative Law Judge (ALJ). Having considered the ALJ's decision, the...
ORDER DENYING DEFENDANTS' MOTION TO DISMISS BENJAMIN H. SETTLE , District Judge . This matter comes before the Court on Defendants Joe Shepp, the GEO Group, Inc., and Joseph Tucker's ("Defendants") motion to dismiss (Dkt. 41). The Court has considered the pleadings filed in support of and in opposition to the motion and the remainder of the file and hereby denies the motion for the reasons stated herein. I. PROCEDURAL HISTORY On October 4, 2016, Plaintiff Alvaro Mendez ("Mendez") filed a...
STIPULATION AND PROPOSED ORDER EXTENDING PRETRIAL DEADLINES BENJAMIN H. SETTLE , District Judge . I. STIPULATION The parties, through their undersigned counsel of record, respectfully submit this stipulation and proposed order seeking extension of the pretrial deadline for discovery completion in this matter. The parties have not previously sought an extension in this case. This is a civil rights case. A deposition of the Plaintiff was scheduled for December 14, 2016, at 10:00 a.m. at...
[ PROPOSED ] ORDER CONTINUING TRIAL DATE AND PRETRIAL MOTIONS DEADLINE JAMES L. ROBART , District Judge . THE COURT, having considered the Stipulated Motion to Continue Trial Date and Deadline to File Pretrial Motions, the previous continuance motion (Dkt. #161), any responses, supplements, filings, or memoranda related thereto, and all the files and records herein, the Court finds as follows: 1. The facts and circumstances are as set forth in the Stipulated Motion to Continue Trial...
ORDER GRANTING SUMMARY JUDGMENT JAMES L. ROBART , United States District Judge . I. INTRODUCTION Before the court is Defendant Mighty Lift, Inc.'s ("Mighty Lift") motion for summary judgment. (MSJ (Dkt. # 31).) Plaintiff Albert Beard opposes Mighty Lift's motion. (Resp. (Dkt. #40).) The court has considered the motion, the parties' submissions filed in support of and opposition to the motion, the balance of the record, and the applicable law. In addition, the court heard the argument of...
REPORT AND RECOMMENDATION JAMES P. DONOHUE , Chief Magistrate Judge . Plaintiff Lori Renee Powell appeals the final decision of the Commissioner of the Social Security Administration ("Commissioner") which denied her applications for Disability Insurance Benefits ("DIB") and Supplemental Security Income ("SSI") under Titles II and XVI of the Social Security Act, 42 U.S.C. 401-33 and 1381-83f, after a hearing before an administrative law judge ("ALJ"). For the reasons set forth below,...
REPORT AND RECOMMENDATION BRIAN A. TSUCHIDA , Magistrate Judge . Pursuant to Fed. R. Civ. P. 12(b)(6), defendants Michael Breiner, Shawn Mikkelsen, and Ricky Hubl move for dismissal of Plaintiff Adan Ibrahim Yusuf's 42 U.S.C. 1983 complaint based on the Heck doctrine. See Heck v. Humphrey, 512 U.S. 477 , 486-87 (1994). Mr. Yusuf has failed to file papers in opposition to the motion. The undersigned recommends that the complaint be dismissed without prejudice. FACTS In his sworn...
STIPULATED MOTION AND ORDER FOR TRANSFER OF CASE TO DREAM PROGRAM RICHARD A. JONES , District Judge . I. MOTION The above-named defendant was identified by the Drug Reentry Alternative Model (DREAM) Executive Review Team as a potential candidate for participation in the DREAM program. Thereafter, and with this Court's permission, defendant was offered voluntary participation in the DREAM program. At the initial appearance before the DREAM Judicial Officer, the defendant executed the DREAM...
REPORT AND RECOMMENDATION JAMES P. DONOHUE , Chief Magistrate Judge . Plaintiff Majid M. Moghadam appeals the final decision of the Commissioner of the Social Security Administration ("Commissioner") denying his application for Supplemental Security Income ("SSI") under Title XVI of the Social Security Act, 42 U.S.C. 401-33 and 1381-83f, after a hearing before an administrative law judge ("ALJ"). For the reasons set forth below, the Court recommends that the Commissioner's decision be...
REPORT AND RECOMMENDATION REVERSING AND REMANDING DEFENDANT'S DECISION TO DENY BENEFITS KAREN L. STROMBOM , Magistrate Judge . Plaintiff has brought this matter for judicial review of defendant's denial of her application for disability insurance benefits ("DIB"). This matter has been referred to the undersigned Magistrate Judge pursuant to 28 U.S.C. 636(b)(1)(B) and Local Rule MJR 4(a)(4) and as authorized by Mathews, Secretary of H.E.W. v. Weber, 423 U.S. 261 (1976). For the...
ORDER TERMINATING DEFENDANT'S PARTICIPATION IN DREAM PROGRAM, DISMISSING CRIMINAL CHARGES, AND ORDERING RESTITUTION BASED ON SUCCESSFUL COMPLETION OF DREAM PROGRAM RICHARD A. JONES , District Judge . On August 20, 2015, the above-named defendant entered guilty pleas to counts 1, 5, and 14 of the indictment pursuant to a plea agreement authorizing post-plea/pre-adjudication to enable the defendant's participation in the Drug Reentry Alternative Model (DREAM) program. A United States...
ORDER FOR RESTITUTION RICHARD A. JONES , District Judge . On December 9, 2016, the Court dismissed charges against Defendant Le'Treesha Gaona in the above-captioned case pursuant to the defendant's successful completion of the Drug Reentry Alternative Model (DREAM) program. Also on December 9, 2016, the defendant stipulated to the following, which the Court now incorporates into this Order for Restitution: 1. On August 20, 2015, the above-named defendant entered guilty pleas to counts 1,...
REPORT AND RECOMMENDATION J. RICHARD CREATURA , Magistrate Judge . Petitioner Prenters Broughton III filed a 28 U.S.C. 2254 habeas petition challenging his 2001 jury conviction of first degree robbery. Dkt. 5. Respondent contends that the petition is barred by the federal statute of limitations. Dkt. 10. Petitioner did not file a reply. The Court finds that petitioner's federal habeas corpus petition is untimely because this federal habeas petition was filed more than one year after his...
REPORT AND RECOMMENDATION REGARDING PLAINTIFF'S MOTION FOR ATTORNEY FEES UNDER 28 U.S.C. 2412(d) KAREN L. STROMBOM , Magistrate Judge . This matter is before the Court on plaintiff's motion for attorney fees pursuant to the Equal Access to Justice Act (EAJA). Dkt. 21; 28 U.S.C. 2412. This matter has been referred to the undersigned Magistrate Judge. Mathews, Sec'y of H.E.W. v. Weber, 423 U.S. 261 (1976); 28 U.S.C. 636(b)(1)(B); Local Rule MJR 4(a)(4). For the reasons set forth...
REPORT AND RECOMMENDATION DAVID W. CHRISTEL , Magistrate Judge . The District Court referred this action, filed pursuant to 42 U.S.C. 1983, to United States Magistrate Judge David W. Christel. On November 21, 2016, Plaintiff Darrell Kent, proceeding pro se, filed "Notice of CR 41 Withdrawal of 42 U.S.C. 1983 Complaint" ("Motion to Dismiss"), requesting to voluntarily withdraw his Complaint. Dkt. 23. The undersigned recommends the Complaint be dismissed pursuant to Rule 41(a) of the...
ORDER REVERSING AND REMANDING CASE FOR FURTHER ADMINISTRATIVE PROCEEDINGS RICHARD A. JONES , District Judge . Heidi C. Woodsum seeks review of the denial of her application for Supplemental Security Income. Ms. Woodsum contends the ALJ erroneously (1) failed to consider her physical impairments at step two, and (2) evaluated the examining opinions of Terilee Wingate, Ph.D. and her own testimony. Dkt. 11 at 1. Ms. Woodsum contends these errors resulted in a residual functional capacity (RFC)...
ORDER ON MOTIONS IN LIMINE RICARDO S. MARTINEZ , Chief District Judge . I. INTRODUCTION This matter comes before the Court on Plaintiff Federal Deposit Insurance Corporation as Receiver of AmTrust Bank ("FDIC-R")'s Motion in Limine, Dkt. #61, and Defendant Ticor Title Company ("Ticor")'s Motions in Limine, Dkt. #62. The Court has determined that oral argument is unnecessary. For the reasons set forth below, Plaintiff's Motion is DENIED IN PART AND DEFERRED IN PART and Defendants' Motions...
ORDER DENYING PETITIONER'S MOTION UNDER 28 U.S.C. 2255 JAMES L. ROBART , District Judge . I. INTRODUCTION Before the court is Petitioner Kirk Rishor's motion to vacate, set aside or correct his sentence. (Mot. (Dkt. # 1).) Mr. Rishor, appearing pro se, brings his motion pursuant to 28 U.S.C. 2255. ( Id. ) Respondent United States of America ("the Government") opposes the motion. (Resp. (Dkt. # 22).) Having considered Mr. Rishor's motion, the documents filed in support thereof and...
