OPINION AND ORDER JOHN E. STEELE , Senior District Judge . This matter comes before the Court on review of defendant's Motion to Dismiss Plaintiff's Second Amended Complaint (Doc. #51) filed on October 9, 2018. Plaintiff sought an extension of time to respond, and the motion was granted through November 5, 2018. (Doc. #55.) This deadline has now passed, and no response was filed. Defendant filed a Notice of Plaintiff's Failure to Comply (Doc. #59) on January 14, 2019. For the reasons...
REPORT AND RECOMMENDATION ANTHONY E. PORCELLI , Magistrate Judge . Plaintiff seeks judicial review of the denial of her claim for a period of disability, disability insurance benefits ("DIB"), and 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...
REPORT AND RECOMMENDATION THOMAS B. SMITH , Magistrate Judge . Plaintiff brings this action pursuant to the Social Security Act ("Act"), as amended, 42 U.S.C. 405(g), to obtain judicial review of a final decision of Defendant, the Commissioner of the Social Security Administration ("Commissioner") denying her claim for disability insurance benefits under the Act. Upon a review of the record, I respectfully recommend that the Commissioner's final decision in this case be AFFIRMED....
REPORT AND RECOMMENDATION AMANDA ARNOLD SANSONE , Magistrate Judge . Plaintiff Timothy P. Dineen, proceeding pro se, seeks judicial review of a decision by the Commissioner of Social Security ("Commissioner") denying his claim for disability insurance benefits ("DIB"). After reviewing the record, including a transcript of the proceedings before the Administrative Law Judge ("ALJ"), the administrative record, the pleadings, and memoranda submitted by the parties, the undersigned...
REPORT AND RECOMMENDATION MAC R. McCOY , Magistrate Judge . This matter comes before the Court upon the United States' Petition to Enforce Internal Revenue Service Summons (the "Petition"), filed on September 18, 2018. (Doc. 1). The United States seeks to enforce an Internal Revenue Service ("IRS") summons served upon Respondent Michael Marchetti. ( Id. at 1). The Court held a hearing on December 19, 2018, at which Respondent was not required appear. (Doc. 5). For the reasons stated...
REPORT AND RECOMMENDATION THOMAS B. SMITH , Magistrate Judge . Pending before the Court is Plaintiff Regions Bank's Motion for Attorneys' Fees and Costs (Doc. 43) and Defendants' response (Doc. 46). Upon consideration, I respectfully recommend that the motion be GRANTED in part and DENED in part. Background On September 21, 2017, Region filed three separate lawsuits against Defendants, >Case No. 6:17-cv-1669-Orl-18TBS (the "1669 Case"), Case No. 6:17-cv-1670-Orl-18TBS (the "1670 Case")...
REPORT AND RECOMMENDATION THOMAS B. SMITH , Magistrate Judge . Plaintiff brings this action pursuant to the Social Security Act, as amended, 42 U.S.C. 405(g) and 1383(c)(3) (the "Act"), to obtain judicial review of a final decision of Defendant, the Commissioner of the Social Security Administration (the "Commissioner") denying his claims for Childhood Disability Insurance Benefits and Supplemental Security Income ("SSI") under the Act. Upon review, I respectfully recommend that the...
REPORT AND RECOMMENDATION THOMAS B. SMITH , Magistrate Judge . Pending before the Court in this Fair Labor Standards Act case is the parties' Joint Motion to Approve Settlement Agreement and Dismiss Case with Prejudice (Doc. 22). Upon due consideration, I respectfully recommend that the motion be denied, and the settlement agreement be rejected, with an opportunity to amend. Background Plaintiffs worked as manual laborers for Defendant, a limited liability company that owns and operates...
REPORT AND RECOMMENDATION GREGORY J. KELLY , Magistrate Judge . This cause came on for consideration without oral argument on the following motions: MOTION: DEFENDANT'S MOTION FOR CLERK'S TAXATION OF COSTS (Doc. No. 74) FILED: November 15, 2018 THEREON it is RECOMMENDED that the motion be GRANTED in part and DENIED in part . MOTION: PLAINTIFF'S OBJECTION TO DEFENDANT'S BILL OF COSTS/MOTION TO TAX COSTS (Doc. No. 75) FILED: December 1, 2018...
REPORT AND RECOMMENDATION SEAN P. FLYNN , Magistrate Judge . Rita Brueger ("Plaintiff"), on behalf of her deceased daughter, Nancy Brueger ("Claimant"), seeks judicial review of the denial of her daughter's 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 failed to employ proper legal standards, it is recommended that the Commissioner's decision be reversed and remanded....
REPORT AND RECOMMENDATION MAC R. McCOY , District Judge . Pending before the Court are the parties' Joint Motion to Approve [ ] Settlement and Dismiss Action With Prejudice, and Settlement Agreement and Release of the FLSA Claim, both filed on December 12, 2018. (Doc. 37; Doc. 37-1). Plaintiff Shaliece D. Hall and Defendants The United Group of Companies, Inc. and United Payroll, LLC jointly request that the Court approve the parties' settlement of the Fair Labor Standards Act ("FLSA")...
PRELIMINARY ORDER OF FORFEITURE ELIZABETH A. KOVACHEVICH , District Judge . THIS CAUSE comes before the Court upon the United States of America's Motion for a Preliminary Order of Forfeiture for a Century Arms model RAS47 rifle bearing serial number RAS47091064. Being fully advised of the relevant facts, the Court hereby finds that the above-referenced firearm, a defense article within the United States Munitions List, was smuggled from the United States, to which the defendant pled...
ORDER G. KENDALL SHARP , Senior District Judge . THIS CAUSE concerns Plaintiff Anna Elizabeth Huber Holcomb's appeal from a final decision of the Commissioner of the Social Security Administration (the "Commissioner") denying her claim for a period of disability and disability insurance benefits. On November 19, 2018, the United States Magistrate Judge issued a report and recommendation (the "Report and Recommendation") recommending that the Commissioner's decision be reversed (Doc. 16)....
ORDER G. KENDALL SHARP , District Judge . THIS CAUSE concerns Plaintiff Susan D. Torres's appeal from a final decision of the Commissioner of the Social Security Administration (the "Commissioner") denying her application for Disability Insurance Benefits ("DIB") after proceedings before an Administrative Law Judge ("ALJ"). 1 On December 3, 2018, the United States Magistrate Judge issued a report and recommendation (the "Report and Recommendation") recommending that the Commissioner's...
REPORT AND RECOMMENDATION ANTHONY E. PORCELLI , Magistrate Judge . This cause comes before the Court upon Plaintiff's Consent Petition for Attorney Fees (Doc. 26). By the motion, Plaintiff seeks an award of attorney's fees in the amount of $7,530.55 and reimbursement of costs for service of process in the amount of $40 pursuant to the Equal Access to Justice Act ("EAJA"), 28 U.S.C. 2412. On September 24, 2018, this Court entered an Order reversing and remanding the case to the...
ORDER 1 SHERI POLSTER CHAPPELL , District Judge . This matter comes before the Court on sua sponte review of the Complaint (Doc. 1) filed on December 19, 2018, which alleges that Plaintiff resides in Highlands County, Florida. ( Id., 7). The Fort Pierce Division of the Southern District of Florida encompasses Highlands County. Since the acts alleged in the Complaint occurred in Highlands County, the case is due to be transferred to the United States District Court for the Southern...
Report & Recommendation PATRICIA D. BARKSDALE , Magistrate Judge . The Court reversed the Commissioner of Social Security's denial of Samson Beshia's application for disability insurance benefits and remanded for further proceedings. Docs. 21, 22. Beshia now requests $3,758.14 in attorney and paralegal fees and $400 in costs under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. 2412. Doc. 23. The Commissioner does not oppose the request. Doc. 23 at 2. In ruling on an EAJA request, a...
REPORT AND RECOMMENDATION 1 JOEL B. TOOMEY , Magistrate Judge . THIS CAUSE is before the Court on the following: 1) Defendant Joseph Fares, M.D.'s Motion to Dismiss Plaintiff's Second Amended Complaint (Doc. 197) and Plaintiff's Response thereto (Doc. 205); 2) Defendant Vernon Montoya, M.D.'s Motion to Dismiss Plaintiff's Second Amended Complaint (Doc. 184) and Plaintiff's Response thereto (Doc. 200); 3) Defendant Martin I. Holzman, M.D.'s Motion to Dismiss Plaintiff's Second Amended...
ORDER 1 SHERI POLSTER CHAPPELL , District Judge . This matter comes before the Court on the parties' Joint Motion to Consolidate for All Purposes (Doc. 32) filed on December 28, 2018. The parties request this Court consolidate this action with a case currently pending before the undersigned for the sake of convenience and judicial economy — Continental 332 Fund, LLC et al v. Albertelli et al., Case No. 2:17-cv-41-38MRM. Since this Motion is unopposed and the cases share a common...
OPINION AND ORDER 1 SHERI POLSTER CHAPPELL , District Judge . Before the Court is Plaintiff George & Company LLC's Motion for Preliminary Injunction (Doc. 58) and Defendants Spin Master Corp., Spin Master U.S. Holdings, Inc., Spin Master Ltd., Spin Master, Inc., Cardinal Industries, Inc., and Joel Berger's Response in Opposition (Doc. 68). George & Co.'s Motion is predicated on its Third Amended Complaint (Doc. 55), which the Court dismissed for lack of personal jurisdiction over...
