REPORT AND RECOMMENDATION 1 MAC R. McCOY , Magistrate Judge . This cause comes before the Court on Defendant Ronald R. Raiola's Motion to Determine Competency and for a Hearing (Doc. 68) filed on May 4, 2016. PROCEDURAL BACKGROUND On February 11 and February 13, 2016, Dr. Robert Ouaou, a neuropsychologist, conducted an examination of Defendant. (Doc. 68 at 1 5). Based on the examination, Dr. Ouaou opined that Defendant lacks competency to proceed in this case. ( Id. at 2 6)....
ORDER ANTHONY E. PORCELLI , Magistrate Judge . Plaintiff seeks judicial review of the denial of his claim for a period of disability and disability insurance benefits ("DIB"). As the Administrative Law Judge's ("ALJ") decision was not based on substantial evidence and did not apply proper legal standards, the Commissioner's decision is reversed and remanded. I. A. Procedural Background Plaintiff filed an application for a period of disability and DIB. Tr. 169-70. The Commissioner...
REPORT AND RECOMMENDATION ANTHONY E. PORCELLI , Magistrate Judge . Plaintiff seeks judicial review of the denial of her claim for Supplemental Security Income ("SSI"). As the Administrative Law Judge's ("ALJ") decision was based on substantial evidence and employed proper legal standards, it is recommended that the Commissioner's decision be affirmed. I. A. Procedural Background Plaintiff filed an application for a period of disability and SSI. Tr. 226-232. The Commissioner denied...
REPORT AND RECOMMENDATION DANIEL C. IRICK , Magistrate Judge . This matter comes before the undersigned due to Plaintiff's failure to timely respond to the pending Order to Show Cause (Doc. 49). For the reasons discussed below, the undersigned recommends the claim against Margie Patchett be dismissed. I. BACKGROUND. On August 1, 2016, Plaintiff, who is proceeding pro se and in forma pauperis, filed the operative complaint against several defendants, including Ms. Patchett. Doc. 1....
REPORT AND RECOMMENDATION 1 MAC R. McCOY , Magistrate Judge . This cause comes before the Court on Defendant Ronald R. Raiola's Motion to Determine Competency and for a Hearing (Doc. 68) filed on May 4, 2016. PROCEDURAL BACKGROUND On February 11 and February 13, 2016, Dr. Robert Ouaou, a neuropsychologist, conducted an examination of Defendant. (Doc. 68 at 1 5). Based on the examination, Dr. Ouaou opined that Defendant lacks competency to proceed in this case. ( Id. at 2 6)....
REPORT AND RECOMMENDATION DANIEL C. IRICK , Magistrate Judge . Constance Elaine Correa (the Claimant), appeals to the District Court from a final decision of the Commissioner of Social Security (the Commissioner) partially denying her applications for disability benefits. Doc. 1; R. 138-39, 690-701. Claimant argues that the Administrative Law Judge (the ALJ) erred by: 1) failing to apply the correct legal standards to Dr. Luis Raimondo's opinion; and 2) failing to apply the correct legal...
REPORT AND RECOMMENDATION 1 CAROL MIRANDO , Magistrate Judge . This matter comes before the Court upon review of the file. On April 12, 2016, Plaintiff initiated this lawsuit by filing a Complaint against Defendants Event Parking, Inc., ("Event Parking") and Kenneth Benson ("Benson") (collectively "Defendants"). Doc. 1. On May 25, 2016, Senior United States District Judge John E. Steele issued a FLSA Scheduling Order, directing the parties to meet and confer in person no later than...
ORDER ELIZABETH A. KOVACHEVICH , District Judge . THIS CAUSE comes before the Court upon Defendant Certegy Check Services, Inc.'s Third Motion to Dismiss (Dkt. 56) to which Plaintiff Michael Alexander has responded in opposition (Dkt. 57). Upon consideration, the motion to dismiss is granted in part and denied in part. BACKGROUND Plaintiff brings this putative class action against Certegy Check Services, Inc. pursuant to the Fair Credit Reporting Act ("FCRA") and Florida's Deceptive and...
ORDER JAMES D. WHITTEMORE , District Judge . BEFORE THE COURT are Plaintiff's Motion to Dismiss (Dkt. 43), Defendants' opposition (Dkt. 46), and Plaintiff's reply (Dkt. 49). Upon consideration, the Motion is GRANTED. Plaintiff moves to dismiss without prejudice under Fed. R. Civ. P. 41(a)(2), intending to pursue his claims in state court with related claims pending there which are based on identical facts. Defendants oppose the motion, contending that they will suffer prejudice and...
REPORT AND RECOMMENDATION THOMAS B. McCOUN, III , Magistrate Judge . THIS MATTER is before the Court on Plaintiff's Petition and Memorandum For Reasonable Attorney's Fees Pursuant to 42 U.S.C. 406(b) (Doc. 27). I. By way of background, this Court entered Judgment for Plaintiff in July 2015, reversing the decision of the Commissioner and remanding the case for further proceedings. (Docs. 20, 21). In November 2015, Plaintiff's counsel was awarded attorney's fees of $6,316.80 under the...
REPORT AND RECOMMENDATION GREGORY J. KELLY , Magistrate Judge . This cause came on for consideration without oral argument on the following motion: MOTION: JOINT MOTION FOR APPROVAL OF PARTIES' SETTLEMENT AGREEMENT AND DISMISSAL WITH PREJUDICE (Doc. No. 38) FILED: November 11, 2016 THEREON it is RECOMMENDED that the motion be GRANTED in part and DENIED in part. I. BACKGROUND. On May 24, 2016, Plaintiff Ian Brown filed a collective action complaint against Defendants,...
REPORT AND RECOMMENDATION THOMAS B. SMITH , Magistrate Judge . Plaintiff Keith Roberts appeals to this Court from the Commissioner of Social Security's final decision to deny his application for disability insurance benefits and supplemental security income. I have reviewed the record, including the administrative law judge's ("ALJ") decision, the exhibits, and the joint memorandum submitted by the parties. For the following reasons, I respectfully recommend that the Commissioner's final...
REPORT AND RECOMMENDATION DANIEL C. IRICK , Magistrate Judge . Tina Giannico Evans (Claimant), appeals to the District Court from a final decision of the Commissioner of Social Security (the Commissioner) denying her application for a period of disability and disability insurance benefits. Doc. 1. Claimant argues that the Administrative Law Judge (the ALJ) erred by: 1) failing to apply the correct legal standard to the opinion of Dr. Upton, a treating physician; and 2) failing to apply the...
ORDER ELIZABETH A. KOVACHEVICH , District Judge . This matter comes before the Court pursuant to Defendant MasterSpas, Inc.'s ("Master Spas") motion for partial summary judgment (Dkt. 37), Plaintiff Premium Sales Network, LLC's ("Premium's") response in opposition (Dkt. 47), Master Spas' construed reply (Dkt. 50), and Premium's construed sur-reply (Dkts. 51, 55). In addition, Master Spas filed a statement of undisputed facts (Dkt. 37-1), and Premium filed a statement of disputed facts (...
REPORT AND RECOMMENDATION THOMAS G. WILSON , Magistrate Judge . THIS CAUSE came on for consideration upon the Motion for Final Judgment of Garnishment and Memorandum in Support Thereof (Doc. 33). The plaintiff seeks the entry of final judgment of garnishment in the amount of $4,804.77 ( id. ). The plaintiff has obtained judgments against the defendant in this action totaling $4,804.77 (Docs. 15, 21). A writ of garnishment was issued to Chase Bank, which answered that it was indebted to...
REPORT AND RECOMMENDATION THOMAS B. SMITH , Magistrate Judge . Pending before the Court are: • Plaintiff's Motion for Extension of Time to File Service of Process (Doc. 60); • Plaintiff's Motion for Service By Publication (Doc. 61); • Defendant's Response in Opposition to Plaintiff's Motion for Extension of Time to File Service of Process and Motion for Service By Publication (Doc. 63); • Plaintiff's Amended Motion for Service By Publication (Doc. 64); • Plaintiff's Verified Amended...
CONFIDENTIALITY AND PROTECTIVE ORDER KARLA R. SPAULDING , Magistrate Judge . WHEREAS having found that the scope of discovery may include the disclosure of confidential information, and to avoid the risk of injury or harm as result of disclosure of this information outside this litigation, and otherwise having found good cause for the entry of this Confidentiality Stipulation and Protective Order (the "Protective Order") concerning the disclosure of this information, the Court Orders the...
REPORT AND RECOMMENDATION AMANDA ARNOLD SANSONE , Magistrate Judge . Before the Court are Plaintiff Branch Banking and Trust Company's ("Plaintiff's") Motion for Charging Order Against Oswald P. Carrerou's Interests in Limited Liability Companies (Doc.145) and Defendant Oswald Carrerou's ("Defendant Carrerou's") and Leah Carrerou's Response in Opposition to Plaintiff's Motion for Charging Order Against Oswald P. Carrerou's Interests in Limited Liability Companies (Doc. 149). A....
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 (Doc. No. 10) FILED: October 31, 2016 I. PROCEDURAL BACKGROUND. On or about September 27, 2016, Plaintiff Yuvonnia Bowe filed her Complaint against Defendant HHJJ, LLC d/b/a IHOP 36-216 Sanford in state court. Doc. No. 1 1; Doc. No. 2. Defendant...
ORDER JAMES D. WHITTEMORE , District Judge . BEFORE THE COURT is Defendant Michael P. Toups' Motion to Dismiss and for a More Definite Statement of the Claims Against Him (Dkt. 9), which Plaintiff opposes (Dkt. 15). Upon consideration, the Motion is DENIED. The SEC brings this lawsuit against Defendants Michael P. Toups and Longwei Petroleum Investment Holding Limited alleging violations of the federal securities laws. 1 The SEC alleges that Toups defrauded investors by making false...
