REPORT AND RECOMMENDATION CHRISTOPHER J. BURKE , Magistrate Judge . In this patent infringement action filed by Plaintiff Dynamic Data Technologies ("Plaintiff") against Defendants Google LLC ("Google") and YouTube, LLC ("YouTube," and collectively with Google, "Defendants"), pending is Defendants' motion to dismiss Plaintiff's allegations of pre-suit induced infringement and willful infringement of the 10 patents-in-suit (the "patents-in-suit"), filed pursuant to Federal Rule of Civil...
MEMORANDUM OPINION MARYELLEN NOREIKA , District Judge . Plaintiff Lavise Mae Johnson ("Johnson" or "Plaintiff"), who appears pro se, appeals the decision of Defendant Andrew M. Saul, Commissioner of Social Security ("the Commissioner" or "Defendant"), denying her applications for Social Security disability insurance benefits ("DIB") under Title II of the Social Security Act and supplemental security income ("SSI") benefits under Title XVI of the Social Security Act. See 42 U.S.C....
REPORT AND RECOMMENDATION CHRISTOPHER J. BURKE , Magistrate Judge . Pending before the Court in this patent infringement case is Defendants Powder Springs Logistics, LLC ("Powder Springs") and Magellan Midstream Partners, L.P.'s ("Magellan," and collectively with Powder Springs, "Defendants") Motion for Summary Judgment of Non-Infringement and Invalidity (the "Motion"). (D.I. 381) Defendants make a number of different arguments in support of this Motion; this Report and Recommendation...
MEMORANDUM OPINION RICHARD G. ANDREWS , District Judge . Presently pending before the Court is Petitioner Frederick H. Mitchell's Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. 2254 ("Petition"). (D.I. 1) The State filed an Answer in opposition. (D.I. 6) For the reasons discussed, the Court will dismiss the Petition. I. BACKGROUND In August 2014, Petitioner was indicted on charges of aggravated drug dealing, aggravated possession of heroin, second degree conspiracy,...
MEMORANDUM OPINION 1 MARYELLEN NOREIKA , District Judge . I. INTRODUCTION Movant Jeffrey Bentley ("Movant") filed a Motion to Vacate, Set Aside, or Correct Sentence Pursuant to 28 U.S.C. 2255. (D.I. 33). The Government filed a Response in opposition. (D.I. 61). For the reasons discussed, the Court will deny Movant's 2255 Motion without holding an evidentiary hearing. II. BACKGROUND In April 2005, the federal grand jury for the District of Delaware returned a three-count...
RECOMMENDATION Bankruptcy Case No. 07-10416 (BLS). Bankruptcy BAP No. 20-03. MARY PAT THYNGE , Chief Magistrate Judge . At Wilmington this 16th day of March, 2020. WHEREAS, pursuant to paragraph 2(a) of the Procedures to Govern Mediation of Appeals from the United States Bankruptcy Court for this District dated September 11, 2012, a teleconference was held on March 5, 2020 for an initial review and discussion with pro se plaintiff and counsel to determine the appropriateness of...
REPORT AND RECOMMENDATION JENNIFER L. HALL , Magistrate Judge . As announced at the hearing on March 12, 2020, I recommend DENYING D.R. Horton's Motion to Dismiss for Failure to State a Claim (D.I. 8) and its Motion to Strike Portions of Plaintiff's Complaint (D.I. 11). My Report and Recommendation regarding the pending motions was announced from the bench at the conclusion of the hearing as follows: . . . This is a case brought under the Telephone Consumer Protection Act, or TCPA, 47 [...
MEMORANDUM 1 EDUARDO C. ROBRENO , District Judge . Before the Court are the parties' cross-motions for summary judgment, Defendants' motion for discovery under Federal Rule of Civil Procedure 56(d), and T-Mobile's motion to exclude Defendants' expert, Lee Afflerbach. The Court will grant in part and deny in part Defendants' motion for summary judgment, deny Defendants' motion for discovery, and deny T-Mobile's motion for summary judgment and motion to exclude Afflerbach. I. FACTUAL AND...
MEMORANDUM and ORDER JOSEPH F. BATAILLON , Senior District Judge . This matter is before the Court after a telephonic pretrial conference on March 12, 2020. Pursuant thereto, IT IS ORDERED: 1. The parties' Joint Proposed Pretrial Order and Amended Joint Proposed Pretrial Order (D.I. 437 and 447) are approved. 2. The two-week bench trial of this action is continued to November 9, 2020, at 9:00 a.m., at either the Roman Hruska Federal Courthouse, 111 South 18th Plz., Omaha, Nebraska or at...
MEMORANDUM ORDER LEONARD P. STARK , District Judge . WHEREAS, Magistrate Judge Hall issued a Report and Recommendation (C.A. No. 19-292 ("292") D.I. 27; C.A. No. 19-293 ("293") D.I. 40; C.A. No. 19-295 ("295") D.I. 27; C.A. No. 19-296 ("296") D.I. 27; C.A. No. 19-297 ("297") D.I. 22; C.A. No. 19-534 ("534") D.I. 24; C.A. No. 19-535 ("535") D.I. 27) on September 16, 2019, recommending, among other things, that the Court deny-in-part and grant-in-part Defendant Facebook, Inc.'s ("Facebook")...
MEMORANDUM OPINION LEONARD P. STARK , District Judge . I. INTRODUCTION Plaintiff Joseph A. Cunningham, Jr. ("Plaintiff") appears pro se and has been granted leave to proceed in forma pauperis. 1 (D.I. 4) Defendants Prof-2013-S3 Legal Title Trust II by U.S. Bank National Association, as Legal Title Trustee (the "Trust"), and Fay Servicing, LLC ("Fay") (together "Defendants") have filed a motion to dismiss. (D.I. 7) The Court will consider the motion and will also review and screen...
MEMORANDUM OPINION 2 COLM F. CONNOLLY , District Judge . Pending before the Court is Petitioner Nathan McNeil's Petition for a Writ of Habeas Corpus Pursuant to 28 U.S.C. 2254 ("Petition"). (D.I. 1) The State filed an Answer, to which Petitioner filed a Reply. (D.I. 15; D.I. 16) For the reasons discussed, the Court will deny the Petition. I. BACKGROUND A. The Crimes In the summer of 2012, Petitioner was robbed at the Whatcoat Village Apartments in Dover, Delaware. (D.I. 15 at 3)...
ORDER ADOPTING REPORT AND RECOMMENDATION MARYELLEN NOREIKA , District Judge . WHEREAS, on February 26, 2020, Magistrate Judge Fallon issued a Report and Recommendation for Order of Dismissal ("the Report") (D.I. 217) in this action, recommending the Complaint be dismissed with prejudice pursuant to Fed. R. Civ. P. 41(b) for failure to prosecute claims against The Fairbanks Company and for failure to respond to the Order to Show Cause (D.I. 216); and WHEREAS, no party filed objections to...
MEMORANDUM ORDER RICHARD G. ANDREWS , District Judge . Before me is Movant-Claimant's Motion for APPS Award Pursuant to 33 U.S.C. 1908(a). (D.I. 160). I have reviewed the parties' briefing. (D.I. 161, 162, 163). I heard a helpful telephonic argument on March 5, 2020. For the reasons that follow, I will grant an award of $25,000 to the Claimant. On October 15, 2019, Defendants pleaded guilty to violations of Title 33, U.S.C. 1908(a); Title 18, U.S.C. 2; Title 33 of C.F.R. 151.25;...
MEMORANDUM OPINION CONNOLLY , UNITED STATES DISTRICT JUDGE . Genentech, Inc. and City of Hope (collectively, Genentech) brought these patent infringement actions against Amgen, Inc. pursuant to the Biologics Price Competition and Innovation Act (BPCIA), 42 U.S.C. 262. Pending before me is the matter of the construction of the disputed claim term "following fermentation" in United States Patent Number 8,574,869 (the Kao or #869 patent). The Kao patent teaches methods and means of...
MEMORANDUM AND ORDER JOSEPH F. BATAILLON , Senior District Judge . This matter is before the Court on the parties' responses (D.I. 432, 433, 434, 439, 440, and 444) 1 to the Court's order striking their demands for a jury trial on CERCLA claims (D.I. 426), and on Constellium Rolled Products Ravenswood, LLC (Formerly Alcan Rolled Products-Ravenswood LLC, f/k/a Pechiney Rolled Products LLC) and Pechiney Cast Plate, Inc.'s ("Pechiney") motion to realign the parties (D.I. 427). I. BACKGROUND...
REPORT AND RECOMMENDATION CHRISTOPHER J. BURKE , Magistrate Judge . Presently before the Court in this contract dispute is a motion to dismiss the claims in the operative Complaint, filed by Defendants Project 64 LLC, John M. Wiertel and Geoffrey Graham (collectively "Defendants"), pursuant (at least in significant part) to Federal Rule of Civil Procedure 12(b)(6) (the "Motion"). (D.I. 5) For the reasons set forth below, the Court recommends that Defendants' Motion be GRANTED-IN PART and...
REPORT AND RECOMMENDATION SHERRY R. FALLON , Magistrate Judge . I. INTRODUCTION Plaintiff Allison M. Overcash ("Overcash") filed this action on April 25, 2019, against the defendant Andrew Saul, the Commissioner of the Social Security Administration (the "Commissioner"). Overcash seeks judicial review pursuant to 42 U.S.C. 405(g) of the Commissioner's March 5, 2019 final decision, denying Overcash's claim for disability insurance benefits ("DIB") under Title II of the Social Security...
MEMORANDUM ORDER KENT A. JORDAN , Circuit Judge . On September 26, 2019, Microsoft Corporation timely filed a bill of costs under District of Delaware Local Rule 54.1. (D.I. 500.) Parallel Networks Licensing, LLC, filed objections, arguing that the bill of costs was too vague. (D.I. 502.) On November 5, 2019, the Clerk denied Microsoft's bill of costs. (D.I. 503.) Microsoft filed a motion to review the taxation of costs, (D.I. 505,) and Parallel filed a brief in opposition. (D.I. 508). I...
REPORT AND RECOMMENDATION MARY PAT THYNGE , Chief Magistrate Judge . I. INTRODUCTION This matter arises from plaintiff Debra R. Thompson's First Amended Complaint against State of Delaware Department of Services for Children, Youth, and their Families ("DSCYF"), and DSCYF employees Alison McGonigal, Karryl McManus, Angela Porter, and Josette Manning (collectively, "defendants"). 1 Thompson filed an initial complaint on August 13, 2018, which was dismissed without prejudice on September...
