MEMORANDUM OPINION AND ORDER BERYL A. HOWELL, District Judge. The United States, through the Antitrust Division of the Department of Justice (the "DOJ" or the "plaintiff), brought this civil case to enjoin the proposed acquisition of a digital do-it-yourself tax preparation company known as TaxACT by H & R Block, another company that sells digital do-it-yourself tax preparation products as well as provides other tax preparation services. 1 A preliminary injunction hearing in this case is...
MEMORANDUM OPINION ROYCE C. LAMBERTH, Chief Judge. Before the Court is defendant's Motion for Summary Judgment. Def.'s Mot. Summ. J. [64]. Also before the Court is plaintiff's Motion for Leave to File Sur-Reply Opposition to Defendant's Motion for Summary Judgment, Pl.'s Mot. Leave [74], plaintiff's Motion in Limine No. 1, Pl.'s Mot. Limine [78], and defendant's Motion in Limine to Exclude Certain Evidence at Trial. Def.'s Mot. Limine [79]. Having carefully considered the Motions, the...
MEMORANDUM OPINION RICHARD J. LEON, District Judge. Plaintiff Jane Doe ("plaintiff or "Doe") brought an action against Robert M. Gates ("defendant" or "Gates"), former Secretary of Defense, alleging the following violations of the Rehabilitation Act of 1973:(1) unlawful disability discrimination based on disparate treatment; (2) unlawful disability discrimination based on disparate impact; (3) failure to make reasonable accommodations; (4) discrimination per se; (5) unlawful use of...
MEMORANDUM OPINION RICHARD J. LEON, District Judge. Plaintiff Barry L. Moore ("plaintiff or "Moore") brought an action against defendant Office of the Architect of the Capitol ("defendant") alleging eight separate counts of violations of the Congressional Accountability Act ("CAA"). In the first four counts, plaintiff alleges unlawful discrimination based on plaintiff's race and age. In the second four counts, plaintiff alleges unlawful retaliation based on his opposition to discriminatory...
MEMORANDUM OPINION RICHARD J. LEON, District Judge. Plaintiff Nelson R. Santana ("plaintiff") brings this pro se action against the Department of Justice ("DOJ" or "defendant"), seeking judicial review of the denial of his request for certain records under the Freedom of Information Act ("FOIA"), 5 U.S.C. 552 (2006). Plaintiff seeks material to challenge collaterally the conviction that resulted in his imprisonment. Before this Court is defendant's Renewed Motion for Summary Judgment....
BARBARA JACOBS ROTHSTEIN, District Judge. I. INTRODUCTION This matter comes before the court on two motions to dismiss filed by the defendants in Jackson v. District of Columbia, et al., 1:09-cv-00839 (BJR) ("Jackson I") and Jackson v. Rhee, et al., 1:10-cv-00604 (BJR) ("Jackson II"). 1 Plaintiff Leslie Jackson brings this action on behalf of her minor son pursuant to the Individuals with Disabilities Education Improvement Act of 2004, 20 U.S.C. 1400 et seq. ("IDEIA") 2 , 42 U.S.C....
MEMORANDUM OPINION COLLEEN KOLLAR-KOTELLY, District Judge. In March 2004, Defendant and Petitioner Dorothy Maju Henry ("Henry") was convicted by a jury in this Court on (a) one count of conspiracy to import one kilogram or more of heroin into the United States and (b) two counts of distributing or causing the distribution of one kilogram or more of heroin outside the United States knowing that it would be imported into the United States. Currently before the Court is Henry's [213], [219], [...
ORDER GRANTING DEFENDANT'S RENEWED MOTION FOR SUMMARY JUDGMENT BARBARA JACOBS ROTHSTEIN, District Judge. This Freedom of Information Act ("FOIA"), 5 U.S.C. 552 et seq., case comes before the court on Defendant's Renewed Motion for Summary Judgment [Docket No. 27; Filed June 11, 2011] ("Renewed Motion"). Plaintiff responded [Docket No. 28; Filed June 23, 2011] ("Opp."), and Defendant replied [Docket No. 29; Filed July 8, 2011] ("Reply"). The Renewed Motion is now ripe for resolution. At...
MEMORANDUM OPINION COLLEEN KOLLAR-KOTELLY, District Judge. Several years ago, Defendant and Petitioner Melvin Lawrence ("Lawrence") was convicted by a jury in this Court on one count of distributing five grams or more of cocaine base, more widely known as crack, in violation of 21 U.S.C. 841(a)(1) and 841(b)(1)(B)(iii). Upon remand from the United States Court of Appeals for the District of Columbia Circuit, this Court resentenced Lawrence to 250 months' incarceration to be followed by...
MEMORANDUM AND ORDER ROYCE C. LAMBERTH, Chief Judge. Before the Court is petitioner's pro se Petition for Writ of Error Coram Nobis [1] under 28 U.S.C. 1651(a). Petitioner seeks to vacate his 1986 conviction for making a false statement on a passport application. Upon consideration of the petition, the petitioner's supplements and amendments thereto [3][4][8][9], the government's opposition [12], the defendant's traverse [13], and the entire record herein, the petition will be denied. 1...
MEMORANDUM OPINION RICHARD J. LEON, District Judge. Plaintiffs in this case ("plaintiffs") are five tobacco companies, which include the second-, third-, and fourth-largest tobacco manufacturers and the fifth-largest cigarette manufacturer in the United States. Complaint ("Compl."), Aug. 16, 2011, 8-12 [Dkt. #1]. In June 2011, defendant United States Food and Drug Administration ("FDA") published a Final Rule requiring (among other things) the display of nine new textual warnings—along...
MEMORANDUM OPINION JOHN D. BATES, District Judge. This matter is before the Court on defendant's motion for sanctions, to dismiss, or for summary judgment. For the reasons discussed below, the motion for summary judgment will be granted. I. BACKGROUND Plaintiff and co-borrower Doris Muellner obtained a TERI Graduate Loan in August 2005 from Bank of America, N.A. while plaintiff was attending Suffolk University Law School. See Am. Compl. 2; Defendant's Memorandum of Points and...
MEMORANDUM OPINION GLADYS KESSLER, District Judge. Two motions are pending before the Court: the Government's Motion for an Order for Defendant's Trial Counsel to Submit an Affidavit or Declaration Pursuant to the Court's Order of July 6, 2011 ("Govt's Motion for Order") [Dkt. No. 94] and Defendant's Motion to Vacate, Set Aside, or Correct Sentence ("Def.'s Motion to Vacate") [Dkt. No. 54]. Upon consideration of both Motions with all their accompanying briefing, the applicable case law, and...
MEMORANDUM ROYCE C. LAMBERTH, Chief Judge. Before the Court is defendant Carlos Greene's Motion to Reduce Sentence [48] under 18 U.S.C. 3582(c)(2) based on Amendment 750 to the United States Sentencing Guidelines. Upon consideration of the motion, the government's response thereto [50], the defendant's reply [52], the memoranda of the United States Probation Office [51][53], the government's supplement [54], the defendant's response [55], and the entire record herein, the motion will be...
ORDER AND JUDGMENT PAUL L. FRIEDMAN, District Judge. For the reasons set forth in the Opinion issued this same day, it is hereby ORDERED that [187] the motion for final approval of the proposed class settlement is GRANTED; it is FURTHER ORDERED that [179] the consent motion to approve appointment of the Track A and Track B neutral is GRANTED; it is FURTHER ORDERED that the revised Claim Form filed on October 7, 2011 [226] is APPROVED; and it is FURTHER ORDERED that: 1. The following...
MEMORANDUM OPINION COLLEEN KOLLAR-KOTELLY, District Judge. Several years ago, Defendant and Petitioner Peter R. Turner ("Turner") was convicted by a jury in this Court on one count of conspiracy to defraud the United States and one count of bribery. Presently before the Court is Turner's [137] 1 Motion Under 28 U.S.C. 2255 to Vacate Set Aside, or Correct Sentence ("Motion to Vacate") and the Government's [150] Opposition to Turner's Motion to Vacate, Set Aside, or Correct Sentence ("...
ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT BARBARA JACOBS ROTHSTEIN, District Judge. I. INTRODUCTION This matter comes before the court on Defendant PA Consulting Group, Inc.'s ("PA") Motion for Summary Judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure and Local Rules for the District of Columbia 7.1 and 56.1. From October 2000 to November 2003, Plaintiff Judith Barnett worked as a Managing Consultant in PA's Transportation Group. In October 2003, PA merged the...
MEMORANDUM OPINION ROYCE C. LAMBERTH, Chief Judge. Before the Court is the government's Petition for Writ of Mandamus [64]. The government seeks a writ of mandamus to prevent Magistrate Judge John Facciola from considering selective or vindictive prosecution as either a defense to the merits of the prosecution of respondent Daniel Choi, or as the basis for a dismissal of the prosecution. Upon consideration of the Petition, the respondent's Response thereto [70], the government's Reply [82],...
MEMORANDUM OPINION AND ORDER JAMES E. BOASBERG, District Judge. This case presents the question of how much of a dismissed False Claims Act suit should remain under seal. Relator Thomas Durham and the United States have different opinions. Under the applicable six-factor analysis the caselaw prescribes, the Court believes the Government has the better argument. I. Background Relator Thomas Durham filed this action on November 15, 2010, under the False Claims Act, 31 U.S.C. 3729, et seq.,...
MEMORANDUM OPINION [# 10, # 14, # 15] RICHARD J. LEON, District Judge. Plaintiff Dennis Caez ("Caez"), a former United States Army Active Guard Reserve ("the Reserve") officer, is challenging the decision of the Army Board for Correction of Military Records ("ABCMR") denying his application to set aside his involuntary separation from the Army. Caez brings his claims under the Administrative Procedure Act ("APA"), 5 U.S.C. 701 et seq. Currently pending before the Court are the parties'...
