REPORT AND RECOMMENDATION KARLA R. SPAULDING, Magistrate Judge. TO THE UNITED STATES DISTRICT COURT: This cause came on for consideration without oral argument on the Complaint filed by Plaintiff Thomas Scott Henry seeking review of the final decision of the Commissioner of Social Security denying his claim for social security benefits, Doc. No. 1, the answer and certified copy of the record before the Social Security Administration ("SSA"), Doc. Nos. 13, 14, and the parties' Joint...
REPORT AND RECOMMENDATION KARLA R. SPAULDING, Magistrate Judge. TO THE UNITED STATES DISTRICT COURT: This cause came on for consideration without oral argument on the following motion filed herein: MOTION: MOTION FOR ENTRY OF DEFAULT JUDGMENT (Doc. No. 7) FILED: October 8, 2014 I. PROCEDURAL HISTORY. On July 15, 2014, the United States of America ("United States") filed a complaint against Defendant Nomar N. Quiles Albarran seeking to recover principal and interest owed by Quiles...
REPORT AND RECOMMENDATION 1 CAROL MIRANDO, District Judge. Before the Court is Claimant Stephen Palmer's ("Claimant") unopposed 2 Motion to Lift Stay of State Court Proceedings ("Motion") (Doc. 24), filed on November 20, 2014. Claimant asks the Court to lift the injunction arising out of the Order Restraining Prosecution of Claims (Doc. 9), entered on August 8, 2014, so that he may litigate his claims in Florida state court. For the reasons that follow, the Court recommends that the Motion...
REPORT AND RECOMMENDATION 1 CAROL MIRANDO, District Judge. Before the Court is the parties' Third Amended Joint Motion for Approval of FLSA Settlement Agreement (Doc. 32, "Joint Motion"), filed on December 8, 2014. 2 Plaintiff Susan Sommer is requesting that the Court approve the parties' settlement of her Fair Labor Standards Act ("FLSA") overtime compensation claim. This case was settled for $10,000.00, inclusive of all costs and attorneys' fees, by offer of judgment pursuant to Federal...
ORDER ELIZABETH A. KOVACHEVICH , District Judge . This cause is before the Court on: Dkts. 24-26 Defendants motion for summary judgment Dkt. 27 Plaintiff's response in opposition Dkt. 30 Defendant's reply Plaintiff Michelle Mitcham filed this employment discrimination action against the University of South Florida Board of Trustees, alleging that she was subjected to disparate treatment based on her race and sex, a hostile work environment, and retaliation after...
REPORT AND RECOMMENDATION ANTHONY E. PORCELLI, Magistrate Judge. Plaintiff initiated this action seeking judicial review of the termination of her widow's insurance benefits (Doc. 1). Pursuant to the Court's Scheduling Order (Doc. 12), Plaintiff timely filed her memorandum of law opposing the decision of the Commissioner (Doc. 13). In response, the Commissioner filed a Motion for Entry of Judgment Under Sentence Four of 42 U.S.C. 405(g) with Remand (Doc. 16), which indicates that Plaintiff...
REPORT AND RECOMMENDATION ANTHONY E. PORCELLI, Magistrate Judge. This cause comes before the Court sua sponte. On November 18, 2014, Attorney Spiro T. Komninos moved to withdraw as counsel for Defendant New Life Adult Care II, Inc. ("Defendant") (Doc. 19). The Court granted the motion and noted that, because Defendant is a corporation, it cannot represent itself in this action (Doc. 20). See M.D. Fla. R. 2.03(e). As a result, Defendant was directed to retain new counsel, who should then...
REPORT AND RECOMMENDATION THOMAS B. SMITH, Magistrate Judge. Plaintiff Richard William Duval brings this action pursuant to the Social Security Act ("Act"), as amended 42 U.S.C. 405(g) and 1383(c)(3), to obtain judicial review of a final decision of the Commissioner of the Social Security Administration ("Commissioner") denying his claims for Disability Insurance Benefits ("DIB") and Supplemental Security Income ("SSI") under the Act. Plaintiff argues that the administrative law judge ("...
ORDER MARCIA MORALES HOWARD, District Judge. THIS CAUSE is before the Court sua sponte. Plaintiff initiated the instant action on November 12, 2014, by filing a two-count Complaint, see Complaint for Violation of the Federal Securities Laws (Doc. No. 1; Complaint). Upon review, the Court finds that the Complaint constitutes an impermissible "shotgun pleading." A shotgun complaint "contains several counts, each one incorporating by reference the allegations of its predecessors, leading...
REPORT AND RECOMMENDATION KARLA R. SPAULDING, Magistrate Judge. TO THE UNITED STATES DISTRICT COURT: This cause came on for consideration without oral argument on the following motion filed herein: MOTION: DEFENDANT'S MOTION TO DISMISS PLAINTIFF'S FIRST AMENDED COMPLAINT (Doc. No. 16) FILED: April 18, 2014 I. PROCEDURAL BACKGROUND. On April 27, 2012, Plaintiff Gabriel A. Castellanos filed a charge of discrimination against his former employer, Defendant Starwood Vacation Ownership,...
REPORT AND RECOMMENDATION KARLA R. SPAULDING, Magistrate Judge. TO THE UNITED STATES DISTRICT COURT: This cause came on for consideration without oral argument on the following motion filed herein: MOTION: RECEIVER'S FINAL APPLICATION FOR PAYMENT OF FEES AND REIMBURSEMENT OF EXPENSES (Doc. No. 64) FILED: September 17, 2014 Court-appointed Receiver Mark J. Bernet seeks authority to pay himself $17,503.75 in Receiver's fees and costs of $1,104.50 to be incurred through the end of...
REPORT AND RECOMMENDATION KARLA R. SPAULDING, Magistrate Judge. TO THE UNITED STATES DISTRICT COURT: This cause came on for consideration without oral argument on the following motion filed herein: MOTION: PLAINTIFF'S AMENDED MOTION FOR ENTRY OF DEFAULT JUDGMENT (Doc. No. 31) FILED: October 13, 2014 I. BACKGROUND. Plaintiff Kimberly Clark filed an amended complaint against Defendant Three Mulligans, LLC d/b/a Jersey Mike's ("Three Mulligans"). Doc. No. 13. Clark alleged that Three...
ORDER ROY B. DALTON, Jr., District Judge. This cause is before the Court on Motion and Memorandum of Law for Summary Affirmance Subject to Appellate Review (Doc. 6), filed by Appellant Bank of America, N.A. Upon consideration, the Court finds that U.S. Bankruptcy Judge Karen S. Jenneman's Order dated November 6, 2014, which granted the Debtors' Motion to Strip Lien of Appellant and held that Appellant's claim would be treated as "a general unsecured claim" is due to be summarily affirmed in...
REPORT AND RECOMMENDATION DAVID A. BAKER, Magistrate Judge. TO THE UNITED STATES DISTRICT COURT This cause came on for consideration without oral argument on the following motion filed herein: MOTION: MOTION FOR ENTRY OF DEFAULT JUDGMENT AGAINST KATHRYN M. HANCOCK (Doc. 11) FILED: November 11, 2014 _____________________________________________________________ THEREON it is RECOMMENDED that the motion be GRANTED. On July 30, 2014, the United States, on behalf of the Department of...
REPORT AND RECOMMENDATION DAVID A. BAKER, Magistrate Judge. TO THE UNITED STATES DISTRICT COURT This cause came on for consideration without oral argument on the following motion filed herein: MOTION: RENEWED JOINT MOTION FOR SETTLEMENT APPROVAL (Doc. No. 23) FILED: December 26, 2014 _____________________________________________________________ THEREON it is RECOMMENDED that the motion be GRANTED. Plaintiff filed a Complaint against Defendant seeking unpaid wages and overtime, as...
REPORT AND RECOMMENDATION DOUGLAS N. FRAZIER, Magistrate Judge. This cause is before the Court on Plaintiff Glen Adkins' Motion for Leave to Amend Complaint and Add Additional Defendant and for Remand (Doc. 8) filed on November 17, 2014. Defendant Allstate Fire and Casualty and Insurance Company filed a Response in Opposition to Plaintiff's Motion for Leave to Amend Complaint and Add Additional Parties and for Remand (Doc. 9) on November 26, 2014. For the reasons explained below, the Court...
REPORT AND RECOMMENDATION DOUGLAS N. FRAZIER, Magistrate Judge. This cause is before the Court on the Plaintiff, Jerry Vathis' Motion to Dismiss Complaint (Doc. 19) filed on November 25, 2014. No response was filed and the time to respond has passed. The Plaintiff is requesting that the Court dismiss this action with prejudice. Pursuant to Fed. R. Civ. P. 41(a)(2), "an action may be dismissed at plaintiff's request, only by court order, on terms that the court considers proper." Fed. R. Civ....
ORDER JOHN ANTOON II , District Judge . Plaintiff, Aquent LLC, brings this suit against a former employee, Defendant Mary Stapleton, and her current employer, Defendant iTalent LLC. (Am. Compl., Doc. 66). Aquent alleges that as a Vice President for Aquent, Stapleton downloaded confidential information from its databases to use at iTalent and recruited other Aquent employees to join iTalent. Stapleton and iTalent filed motions to dismiss under Federal Rule of Civil Procedure 12(b)(6). (Docs....
MEMORANDUM YOUNG , * District Judge . I. INTRODUCTION This is an Engle progeny action in which plaintiffs Fred and Helen Elkins (respectively, "Mr. Elkins" and "Mrs. Elkins"; collectively, "the Elkinses") seek compensatory and punitive damages for injuries allegedly caused by Mr. Elkins' addiction to cigarettes manufactured by defendants R.J. Reynolds Tobacco Company and Lorillard Tobacco Company (collectively, the "Defendants"). Specifically, this Court addresses whether Florida's...
OPINION AND ORDER JOHN E. STEELE, District Judge. This matter comes before the Court on defendants' Motion to Reconsider Motion for New Trial (Doc. #298) filed on September 26, 2014. The Government's Response (Doc. #341) was filed on October 10, 2014. Defendants filed a Supplement to Motion to Reconsider Motion for New Trial or to Dismiss this Case for Selective Prosecution (Doc. #342) on October 14, 2014, and a Notice of Submission of Exhibit "G" (Doc. #346) on October 17, 2014. For the...
